ML20154S831

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Requests That Proprietary WCAP-11963, NRC Update Meeting South Texas Bmi Flux Thimble Wear Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20154S831
Person / Time
Site: South Texas STP Nuclear Operating Company icon.png
Issue date: 09/06/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Office of Nuclear Reactor Regulation
Shared Package
ML19297H039 List:
References
CAW-88-097, CAW-88-97, NUDOCS 8810050170
Download: ML20154S831 (9)
v • d • e


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Westinghouse Power Systems Nuclear Techn&p sys ems %se Electric Corporation Bcx 355

' Pittsburgh Pennsytvarva 15230-0355 September 6, 1988 CAW-88-097 Dr. Thceas Murley, Director Office of Nuclear Reactor Regulation

  • U.S. Nuclear Regulatory Commission Washington, D.C. 20555 4

APPLICATION FOR WITHHO'., DING PROPRIETARY 1 INFDRMATION FROM PUBLIC DISCLOSURE

Subject:

Undate Meeting, BMI Flux Thimble Wear, August 10, 1988

Dear Dr. Murley:

1 1he proprietary infomation for which withholding is being requested in the enclosed letter by Houston Lighting and Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth i,he basis on which the infomation may be withheld from public disclosure by the Commission and

, addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR

! Section 2.790 of the Commission's regulations.

1 The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit

! CAW-85-044. .

' Accordingly, this letter authorizes the utilization of the accompanying affidavit by Houston Lighting and Power Company.

Correspondence with respect to the proprietary aspects of the application for l

withholding or the Westinghouse affidavit should reference this letter, CAW-88-097, i

and should be addressed to the undersigned. .

l Very trul yo s, p / N l Robert A. W1 n, Manager 4

Regulatory # islative Affairs

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Enclosures cc: E. C. Shemaker, Ff3q.

Office of the General Counsel, NRC

, 8810050170 880930 t PDR ADOCK 05000498 P PDC

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 CONWRM TO THE RIQUIRD4ENTS OF 10CFR2.790 0F THE COMMISSION'S REULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INWRMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEDI DELETED IN THE NON-PROPRIETARY VERSICFS ONLY THE BRACKETS RDMIN, THE INFORMATION THAT WAS

CONTAINED WITHIN THE BRACKINS IN THE PROPRIETARY VERSIONS HAVING BEDi DELETED. THE l JUSTIFICATION FOR CLAIMItM THE INMRMATION SO EESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED l

WITHIN PARDITHESES LOCATED AS A SUPERSCRIPT IPyIDIATELY FOLLOWING THE BRACKETS f DiCLOSING EACH ITEM OF INFORMATION BEING IDDITIFIED AS PROPRIETARY OR IN THE MARGIN f OPPOSIT,E SUCH INNRMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLI6 IN CONFICENCF IDDITIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANY 1NG THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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INFDRMATION TO BE INCLUDED IN THE HOUSTON LIGHTING & POWER COMPANY Letter for Transmittal to the NRC Enclosed are:

1. (10) cop es of WCAP-11963, "NRC Update Meeting, South Texas BMI Flux Thianble Wear" datee August 10, 1988.

(Proprietary).

2.

(10) copies Wear" of WCAP-1196410,1985."NRCUpdateMeeting,SouthTexasBMIFlux dated August Also enclosed is a Westinghouse authorization letter, CAW-88-097, Proprietary Information Notice, and accompanying Affidavit.

THE FOLLOWING PARAGRAPHS SHOULD BE INCLUDED IN YOUR LETTER TO THE NRC:

As item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information.

The affidavit sets forth the basis on which the infonnation may be withheld fYom public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the 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 supporting Westinghouse Affidavit should reference CAW-88-097 and should be addressed to R. A. Wiesemann, Manager of Regulatory & Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

. CAW-85-044 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

15 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 averiments of f acts set forth in this Affidavit are true and correct to the best of his knowledge, inf ortnation., and belief:

10ADMaxw ]

Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 9 " day of Od- 1985.

J' G m N/. M Notary Public LHtAtt! E. PIPLICA. bettet PUtilt DCet M Villt D0e9 AillCMiht tevtit El CDeu!!! De (IPilll ctC le IN7 Seeber, PseesWend Assecebee of towet 0399n/ RAW /4-85

C AW-85-044 AFF10AVIT (1) I, Robert A. Wiesemann, am Manager, Regulatory and Legislative Af f airs, in the Nuclear Technology Division of Westinghouse and as such have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection l with nuclear power plant licensing or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Af fidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with the Houston Lighting and Power Company application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Water Reactor Divisions in designating inforwation as a trade secret, privileged or as confidential commercial or financial inf.o rmation.

( 4 )' Pursuant to the provisions of paragraph (b) (4) of Section 2.190 of the Commission's regulations, the fo11 swing is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

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

(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 constituts Westinghouse policy and provides the rational basis required.

03ggn/ RAW /4-85

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. CAW-85-044 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 proces , (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or compone ',, structure, tool, method, etc.),

the application of which data secures 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 his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(d) It reveals cost or price information, production capacities, '

budget levels, or commercial strategies of Westinghouse, its custoeers or suppliers.

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

(f) It contains patentable ideal, for which patent protection 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.

03ggn/ RAW /4-85

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CAW-85-044 l

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

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

(b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the ability of Westinghouse to sell products and services involving the use of the 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 information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competit',ve advantage.

(e) Unrestricted disclosure would jespordize the position of Westinghouse in the world market, and thereby give a market advantage to the competition in those countrie$.

(f) The Westinghouse capacity to invest company assets in research i and development depends upon the success in obtaining and maintaining a competitive advantage.

(111) The information is being transmitted to the Consnission in confidence and, under the provisions of 10 CFR Section 2.190, it is

- to be received in confidence by the Connission.

M10 0m /D &W / A.S E

CAW-BS-044 (iv) The inforwetion is not available in public sources to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is bracketed in WCAP-10865 transmitted by Houston Lighting and Power Company 6pplication for withholding accompanying this affidavit.

This information enables Westinghouse to:

(a) Justification of T6K design changes f rom original four-loop configuration.

(b) TGK upper internals qualifications with respect to flow-induced vibrations (c) Assist .its customers to obtain licenses Further, this information has substantial commercial value as follows:

(4) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation. .

(b) Westinghouse uses the information to perfona and justify analyses which arJ sold to customers.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it 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 this information is the result of subs'.antial Westinghouse ef fort and the expenditure of a consideralbe sum of money.

0399n/ RAW /4-g5

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I (sa. SL dan In order for competitors of Westinghouse to duplicate this information, experimental test programs may have to be performed and a significant manpower ef fort, having the requisite talent and, experience, would have to be expended for data analyses and computer program development.

Further the deponent sayeth not.

1 l

6 0399n:20:/ RAW /12-65

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