ML20154C917

Requests That Proprietary TR WCAP-15004, F* Tube Plugging Criterion for Tubes with Degradation in Tubesheet Region of Comanche Peak Unit 1 Sgs, Be Withheld from Public Disclosure

ML20154C917
Person / Time
Site:	Comanche Peak
Issue date:	12/16/1997
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20138L211	List: ML20154C897 ML20154C910 ML20154C917 ML20154C921
References
CAW-97-1193, NUDOCS 9810070065
Download: ML20154C917 (8)

Text

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Cp Westinghouse EnergSystems Nuclear Services DwisOn

' Electric Corporation 30, 333 Pmsburgh Pennsylvania 15230 0355 December 16,1997 CAW-97-1193 i)ocument Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Samuel J. Collins I

APPLICATION FOR WITHHOLDING PROPRIETARY l INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP 15004, "F* Tube Plugging Criterion for Tubes with Degradation in the Tubesheet Region of the Comanche Peak Unit 1 Steam Generators," dated December 1997 (Proprietary)

Dear Mr. Collins:

I The proprietary information for which withholding is being requested in the above-referenced report is

- further identified in Affidavit CAW-97-1193 signed by the owner of the proprietary information, Westinghouse Electric Company. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by TU Electric.

Correspondence with respect to the proprietary aspects of the application for withholding or the i Westinghouse affidavit should reference this letter, CAW-97-Il93, and should be addressed to the i undersigned. j Very truly yours, I N. J. Lip lo, anager Equipment Design and Regulatory Engineering Enclosures

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-cc: Kevin Bohrer/NRC (12H5) l i

9810070065 981002 T PDR ADOCK 05000445 .

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Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents 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 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary mformation has been deleted in the non-proprietary versions, only the brackets remain (the information 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 (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary l

l or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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Copyright Notice l De reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its l internal use in connection with generic and plant-specific reviews and approvals as well as the

issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a l license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions l on public disclosure to the extent such information has been identified as proprietary by Westinghouse, l copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which l' are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by l the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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I CAW-97-1193 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

sS COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Henry A. Sepp, 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 Company, a division of CBS Corporation (" Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Henry A. Sepp, Manager Regulatory and Licensing Engineering i Sworn to and subscribed before this /7fA day of / //

h ,1997 Notarial Seal Janet A. Schwab, Notary PubRe  :

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/ M C mmie ion r ay22 MCmber, Penrsylvanta Assocation el %

2593C4H4t:121M b

l CAW-97-1193 )

l (1) I am Manager, Regulatory and Licensing Engineering, in the Nuclear Services Division, of the

. Westinghouse Electric Company, a division of CBS Corporation (" Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information j sought to be withheld from public disclosure in connection with nuclear power plant licensing -

and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the l Westinghouse Energy Systems Business Unit.

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for i withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy 4 1

Systems Business Unit in designating information as a trade secret, privileged or as  !

confidential commercial or financial information. i l

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's I

regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

l (i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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(ii) The information is of a type customarily held in confidence by Westinghouse and not  ;

customarily disclosed to the public. Westinghouse has a rational basis for determining the types ofinformation 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 I 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 competitive advantage, as follows:

(a) The information 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 c(mstitutes a competitive economic advantage over other companies.

2W3C-RM2:121597

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CAW-97-1193 j (b) _ lt consists of supporting data, iNluding test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures l

a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve  ;

l his competitive position in the design, manufacture, shipment, installation, I assurance of quality, or licensing a similar product. j (d) It reveals cost or price information, production capacities, budget levels, or . i commercial strategies of Westinghouse, its customers or suppliers.  !

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial'value to Westinghouse. ,

l l (f) It contains patentable ideas, for which patent protection may be desirable. l There are sound policy reasons behind the Westinghouse system which include the L following: l l  :

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l (a) The use of such information by Westinghouse gives Westinghouse a l competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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, (b) It is information which is marketable in many ways. The extent to which such i

l information is available to competitors c'iminishes the Westinghouse ability to i

l; sell products and services involving the use of the information.

I-(c) Use by our competitor would put Westinghouse at a competitive disadvantage l

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 i l advantage. if competitors acquire components of proprietary information, any

! one component may be the key to the entire puzzle, thereby depriving

Westinghouse of a competitive advantage.

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CAW-97-1193

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(e) ' Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the

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competition of those countries.

t (f)' The Westinghouse capacity to invest corporate assets in research and- -

development depends upon the success in obtaining and maintaining a  !

competitive advantage.

(iii) . He information 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 Commission.

(N) The information sought to be protected is not available in public sources or available .

information has not been previously employed in the same original manner or method .j' 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 "F* Tube Plugging Criterion for Tubes with Degradation in  :

the Tubesheet Region of the Comanche Peak Unit i Steam Generators," WCAP-15004  !

(Proprietary), December,1997 for the Comanche Peak Unit 1 Nuclear Plant, being transmitted by TU Electric letter and Application for Withholding Proprietary l Information from Public Disclosure, to the Document Control Desk, Attention Mr.

Samuel J. Collins. The proprietary information as submitted for use by TU Electric )

. for the Comanche Peak Unit 1 Nuclear Plant is expected to be applicable in other licensee submittals in response to certain NRC requirements forjustification of the use of F* tube plugging criterion for tubes with degradation in the tubesheet region in steam generators.

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of tlie methods for the application of F* tutse w gging

). criterion for tubes with degiadation in the tubesheet region in s, cam generators.

(b) Establish applicable testing methods.

(c) Establish applicable codes and standards which are to be applied to the process.

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(d) Assist the customer to obtain NRC approval, j lt NM

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' 5-CAW-97-1193 i Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.  !

t (b) Westinghouse can sell support and defense of the technology to its customers j in the licensing process. l Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of j competitors to provide similar services and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the  !

information would enable others to use the information to meet NRC requirements for  !

licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of  ;

applying the results of many years of experience in an intensive Westinghouse effort  :

and the expenditure of a considerable sum of money. i In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, I having the requisite talent and experience, would have to be expended for developing l testing and analytical methods and performing tests, i

Further the deponent sayeth not.

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