ML20205C259

Requests That Proprietary WCAP-11378, Row 1 & Row 2 Heat Treatment Licensing Rept... Be Withheld (Ref 10CFR2.790). Affidavit Encl

ML20205C259
Person / Time
Site:	Sequoyah
Issue date:	01/29/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H001	List: ML20205C247 ML20205C259 ML20205C287
References
CAW-87-007, CAW-87-7, NUDOCS 8703300144
Download: ML20205C259 (10)

Text

- _ -- _ _ _ _ _ - _ _ - - _

+

}. .

3 West lRgh0use Water Reactor * ** "'a '

BeCtric C0rp0 fail 0A DIVIS10RS Box 355 Pittsburgh Pennsylvania 15230-0355 9

January 29, 1987 CAW-87-007 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation ,

U.S. Nuclear Regulatory Conunission Washington, D.C. 20555 -

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Westinghouse Row 1 and Row 2 U-Bend Heat Treatment, Licensing Report, dated January, 1967, WCAP-11378 (Proprietary) and WCAP-11379 (Non-Proprietary)

~

Reference:

1. W IAtter NS-NRC-86-3193, dated 12/31/86.

2. Yennessee Valley Authority Letter of February,1987 ~

Dear Dr. Murley:

The proprietary material for which withholding is being requested in the reference letter by the Tennessee Valley Authority 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 the basis on which the infonnation may be withheld frcxn 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.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously suomitted with Application for. Withholding CAW-81-079.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-007, _

and should be addressed to the undersigned.

1 Very truly yours,

$33ggo Sho 7

}

P y ~ mg~y.a f3 "'1 Jp Uhh -

, Ro t A. Wiesemann, Manager

/dme egulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq.

~

Office of the Executive 14 gal Director, NRC ~#.

I 6

4

( PROPRIETARY INFORMATION NOTICE

~

~

1 TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIET D00JMEhTS FURNISHED TO THE NRC IN CONNECTION WITH RE PLAhT SPECIFIC REVIEW AND APPROVE.

- IN ORDER 1D CONFORM 70 THE RIEUIRSTS OF 10CFR2.790 CF THE REGULATIONS CONCEFJiING THE PROTECTION OF PROPRIETAR 70 THE NRC,1HE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY CONTAINED WITHIN BRACKETS AND WHDE THE PROPRIETARY INFOR

• DII.ETED .IN THE NON-PROPRIETARY VERSIONS ELY THE BRACKET 3 REMAIN, TH Ih70RMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN HAVING BEEN DII.ETE.

THE JUSTIFICATION PDR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSION LEITERS (a) THROUGH (g) C0hTAINED WITHIN PARENTHESES LOCATED AS A SUP IMMEDIATELY FULLOWING THE BRACKETS INCI.0 SING EACH ITEM IDENTIFIED AS PROPRIETARY OR IN 1HE MARGIN OPPOSITE THESE SUCH Ih LCHER CASE LEITERS REFER 10 THE TYPES OF INFORMATION WD H0ZS IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS TRANSMITTE PURSUAhT 1D 10CF

-O P

l O

e

~

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:

dA nnist Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this s, day of D ur./m 1981.

' - t_ / l

~

(E 'fu,  :.' Yb WW

-[.i 2: Notary'; Public.j[ i v.,<.. .

'~ ,," '

• g ,. , ; ,

y...,,, . .e.

~

\

~l'

CAW-81-79 4

(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 sne 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. .

o O

?

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 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:

(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 compa'nies.

(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 l or improved marketability. -

e

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . 6

c . ,,

. 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 connercial 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 commercial value to Westinghouse.

1 (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.

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 com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

• I

~

i ~.

t

. CAW-81-79 (b) It is information which is marketable in many ways.

The extent to which such infonnation is available to -

competitors di.minishes the Westinghouse ability 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 infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(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 i in obtaining and maintaining a competitive advantage.

e l a

i

• ~.

f. -.

- . CAW-81-79

(iii) The information is being transmitted to the Comission 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 original 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.

Sumer 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 i

Proprietary Information from Public Disclosure, Nichols to Denton, November 1981. The proprietary information~as sub-mitted for South Carolina Electric and Gas Compan, , Virgil C.

Sumer Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response tc cer-tain NRC requirements for jus'tification of the steam generator tube plugging margin.

l This infomation is part of that which will enable Westing-house to:

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

.i j ing for determining plugging margin, i

i l

.; I i

, CAW-81-79 l- (b) Establish the minimum wall thickness in compliance with Regulatory Guide 1.121. .

4 -

(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 commercial value

, as follows: ..

l j (a) Westinghouse plans to sell similar information to its

! customers for purposes of meeting NRC requirements for licensing documentation. '

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

l 4

Public-disclosure of this information is likely to cause l substantial harm to the competitive position of Westinghouse l because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense i

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.

e

_ ._ - . _ . - . _ . _ - - . . - - - - - --- - - ~< - - - - - - - - " ~ - ~ ~ " - ~ ' ' ~

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.  ;

e C

e I

i s .

I

(

• l l 1.-

E

, . _. _ . , . . . . , - . . , - _ , - - - . - .