ML20151K620
| ML20151K620 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 03/25/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19302D478 | List: |
| References | |
| CAW-88-025, CAW-88-25, NUDOCS 8804210364 | |
| Download: ML20151K620 (10) | |
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W March 25, 1988 Westingflouse Water Reactor NuttyIt0 Moi 0gy 0mson Electric Corporation Olvisions gen 33 P6ttsug'iPdmsyfvna15230 CAW-88-025 Dr. Thecas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFOPF.ATION FROM PUBLIC DISCLOSURE
Subject:
Transmittal of WCAP-11787 (Proprietary) and 11788 (Non-Proprietary) on Prairie Island Units 1 & 2 Evaluation for Tube Vibration Induced Fatigue
Dear &,
Marley:
The proprietary information for which withholding is being requested in the enclosed letter ey Northern States Power Company is further identified in an affidavit signed by the owner of the proprieta.y information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infor=ation may be withheld fece public disclosure by the Ccenission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFB Section 2.790 of the Ccemission's regulations.
The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted, > Affidavit CAW-31-079.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northern States Power Ccepany.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-025, and should be addressed to the undersigned.
Very}truly yours,
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hu h(lE'iesemann, Manager
'llR i t ta i L M Robert A.
Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8804210364 000412 PDR ADOCK 05000282 Q
4 PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF IOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE CCMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NBC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INF0PMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INMRMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEN OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IIENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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i CAW-81-79 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the averments of fact set forth in this Afr'idavit are true and correct to the best of his knowledge, infomation, and belief:
es smA Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this & day of Dh$c 1981.
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' Notary Pub'li,c.[
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1 CAW-81-79 (1)
I am Manager, Regula*ary and Legislative Affairs, in the N0 clear Technology Division, of Westinghouse Electric Corporation and as l
such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential comercial or financial information.
l (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for j
consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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o CAW-81-79 (ii) The infonnation is of a type customarily held in conf.idence by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.
The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential com-petitive advantage, as follows:
1 (a) The infonnation reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.)
where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-l tutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, j
relative to a process (or component, structure, tool, method, et: ), the application of which data secures a competitive ecor.omic advantage, e.g., by optimization or improved marketability.
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, CAW-81-79 (c)
Its use by a competitor would reduce his expenditure t
of resources or improve his competitive position in the i
design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
4 (d)
It reveals cost or price information, production cap-l i
acities, budget levels, or comercial strategies of I
I Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Wesi.-
inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.
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(f)
It contains patentable ideas, for which patent pro-tection may be desirable.
I (g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
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There are sound policy reasons behind the Westinghouse system l
whiah include the following:
i (a) The use of such information by Westinghouse gives Westinghouse a compatitive advantage over its com-l petitors.
It is, therefore, withheld from disclosure
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to protect the Westinghouse competitive position.
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. CAW-81-79 i
(b)
It is information which is marketable in many ways.
The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the
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information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive ddvantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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. CAW-81-79 (iii) The infomation is being transmitted to the Commission'in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.
(iv) The information sought to be protected is not available in public sources or available information has not been pre-viously employed in the same ori.ginal manner or method to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Steam Generator Tube Plugging Margin Analysis" for the Virgil C.
I Sumer Nuclear Power Plant Unit No.1. WCAP-9912. Revi-
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1 sion 2 (Proprietary) being transmitted by South Carolina Electric and Gas Company letter Application for Withholding Proprietary Information from Public Disclosure, Nichols to Denten, November 1981. The proprietary information as sub-J mitted for South Carolina Electric and Gas Company, Virgil C.
Sumer Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response to cer-tain NpC requirements for justification of the steam generator tube plugging margin.
This information is part of that which will enable Westing-l house to:
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(a)
Provide decu.nentation of the analyses, method and test-ing for determining plugging margin.
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, CAW-81-79 (b)
Establish the minimum wall thickness in compliance with Regulatory Guide 1.121.
(c)
Establish the stress limits versus thinning of the remaining tube wall.
(d)
Establish the maximum allowable leakage in support of the leak-before-break criteria.
(e) Assist the customer to obtain NRC approval.
Further this information has substantial comercial value as follows:
1 (a) Westinghouse plans to sell similar infomation to its customers for purposes of meeting NRC requirements for licensing documentation.
l (b) Westinghouse can sell support and defense of the tech-l nology to its customers in the licensing process.
Public disclosure of this information is likely to cause
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substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-3 vide similar analytical documentation and licensing defense services for comercial power reactors without comensurate expenses. Also, public disclosure of the infomation would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the infomation.
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- CAW-81-79 4
The development of the technology described in part by the information is the result of applying the results of many yearsofexperienceinanintensiveWestinghouseeffort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development.
Further the deponent sayeth not.
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