ML20154H036

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Requests That Proprietary WCAP-11817, Slide Presentation Matl,Nrc Meeting 880331,Kewaunee Nuclear Power Plant Steam Generator Tube Sleeve Installation, Be Withheld Per 10CFR2.790(b)(1)
ML20154H036
Person / Time
Site: Kewaunee Dominion icon.png
Issue date: 04/27/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19292H820 List:
References
AW-88-039, AW-88-39, NUDOCS 8805250203
Download: ML20154H036 (10)
v • d • e


Text

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April 27, 1988-Westinghouse PowerSystems "'3"'"5 Electric Corporation Box 355 PmsDtigh Pennsytvania 15230-0355 AW-88-039 Dr. Thomas'Mur'ey, nirector Office of Nucleas hactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY ,

INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Slide Presentation Material for NRC Meeting - Keuaunee Steam Generator Tube Sleeves (WCAPs 11817 and 11818)

Reference:

Westinghouse Letter to NRC, NS-NRC-88-3329, dated April 27, 1988 .

Dear Dr. Murley:

The application for withholding is submitted by Westinghouse Electric Corporation

("Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790

of the Commission's regulations. It contains commercial strategic information l

proprietary to Westinghouse and customarily held in confidence, i The proprietary material for which withholding is being required is of the same i technical type as that proprietary material previously submitted as Affidavit CAW-81-079.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, AW-88-039, -

and should be addressed to the undersigned.

Very ruly yours, M

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq. _.

Office of the General Counsel, NRC 7

8805250203 880427 PDR ADOCK 05000305

i PROPRIETARY INFORMATION NOTICE

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TRANS)CTTED HDDiITH ARE PROPRIETARY AND/OR NON-PROPRIETARY YERSIO DOCUMENTS F13RNISHED TO THE NRC IN CONNECTION WITH REQUESTS F PLANT SPECIFIC REVIEW AND APPROVAL.

IN OFDER 70 CONPORM 70 THE REQUIREMENTS & 10CFR2.790 7 THE COMMISS REDULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION 70 WE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN ARACKETS AND WHEE THE PROPRIETARY INFORMATION HA ~

. DEI.ETED IN THE NON-PROPRIETARY VERSIONS ELY THE BRACKETS RDEIN, THE -

HTOPyATION THAT WAS CONTAIhi.3 WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEDI DEI.ETED. THE JUSTIFICATION FOR CI.AI}ENG THE INFORMATION SO DESIDNATED AS PROPRIETARY IS INDICATE IN BOTH VERSIONS BY MEANS, W L0m CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS DiCI.CSING EACH ITDi 0F INFORMATIO IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE sum Ih70RMATION.

LCWER CASE LETTERS REFER 70 THE TYPES & INFORMATION WESTINGHOUSEa HOLDS IN CONFIDENCE DENTIFIED IN SECTIONS (4)(11)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS HANS.$UTTAL PUR. TANT 1D 10CFR2.790(b)(1) t k

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F 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 Affidavit are true and correct to the best of his knowledge, information, and belief:

dh o A Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this o day of D w ./w 1981.

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.- Notary;Public.jf t**,, s

CAW-81-79 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as 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 Commission'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 commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission 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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CAW-81-79 (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 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 t; asis 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:

(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 consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

CAW-81 -79 (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

I There are sound policy reasons behind the Westinghouse system which include the following:

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

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CAW-81-79 (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 infonnation.

(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 ouzzle, thereby depriving Westinghouse of a competitive advantage.

t (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition I in those countries.

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l (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 information is being transmitted to the Conmission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.

(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.

Summer Nuclear Power Plant Unit No.1. WCAP-9912, Revi-sion 2 (Proprietary) being transmitted by South Carolina Electric and Gas Company letter Application for Withholding Proprietary Information from Public Disclosure, Nichols to Denton, November 1981. The proprietary information as sub-mitted for South Carolina . Electric and Gas Company, Virgil C.

Sunner Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response to cer-tain NRC requirements for justification of the steam l

generator tube plugging margin.

l This information is part of that which will enable Westing-l housc to:

(a) Provide documentation of the analyses, method and test-  ?

Ing for determining plugging margin.

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7 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 wa.

(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 commercial value J

as follows:

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

(b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defanse services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the information.

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CAW-81-79 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.

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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