ML20206E452

Requests Withholding of Proprietary Addl Info on Beaver Valley Power Station Unit 2 SER Confirmatory Issue 032, from Public Disclosure (Ref 10CFR2.790)

ML20206E452
Person / Time
Site:	Beaver Valley
Issue date:	03/24/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H087	List: ML20206E397 ML20206E452 ML20206E473
References
CAW-87-026, CAW-87-26, NUDOCS 8704130616
Download: ML20206E452 (9)

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Westinghouse PowerSystems jg,3lu'gh PennsyNania 15230-0355 Electric Corporation March 24, 1987 CAW-87-026 Dr. Thomas Murley, Director

. Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Additional Information on SER Confirmatory Issue 032

Reference:

Duquesne Light Company letter to the NRC, March 1987

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Duquesne Light 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 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 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit AW-80-066.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-026, and should be addressed to the undersigned.

Ver~ ruly yours, I

Rob A. Wies $($anager emann, 2

Regulatory & Legislative Affairs Enclosures /2374n cc: E. C. Shomaker, Esq.

Office of the General Council, NRC l ,

8704130616 070407 gDR ADOCK0500g2

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PROPRIETARY INFORMATION NOTICE .

TRANSHITTD HDEWITH ARE PROPRIETARY AND/0R NON-PROPRETARY TDSIONS DCGMENT5 FURNISHS TD ME NRC IN CONNECTION WITH REQUD13 POR CD PLANT SPECIFIC RDIDi AND APPROVAL.

(d IN ORDER 10 CONFORM 10 ME REUIREMENT3 & 10CFR2.790 W THE CCH3SION'S

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. REGULATIONS CONCDNING 1HE PROTECTION W PROPRIETARY INFORETIONl l

TO THE NRC, NE INFORETION WHICH IS PROPRIETARY IN DE PROPRIETARY VERSIONS IS i

l CONTAINED WITHIN BRACKET 5 AND WHDE SE PROPRIETAR1 INFORETION NAS B *

• DELETED D THE NON-PROPRIETART VD3 IONS GLY THE BRACKEf3 REMAIN, DE *

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• INrown0N uAT vAS CONnINED vmu mE SmCKETs a mE PROPRIrTARY VDsIONs HAVD3 BED DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION h DESIDNATED A5 PROPRIETART IS INDICATE IN SOTH VERSIONS ET ME LETTERS (a) THR000H (g) CONTAIND WITHIN PARENTHI3E3 LOCATED AS A EFERSCRIPT l l IMMEDIATILY FOLLOWING THE BRACKETS ING.CBING EACH ITDI 0F INFORMA t

DENTIFIED A5 PROPR2ZTARY OR IN WE MARGIN OPPOSITE RJOf INFORMATIO j \

LtWD CASE LETTERS RDIR TO THE TYPES W INFORMATION VI373GHOUSE CU HOLD 5 IN CONFIDENCE IDDTIFIED IN SECTIONS (4)(11)(a) through (4)(11)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PUR5UANT 1010CFR2 790(b)(

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AW-80-66 AFFIDAVIT l

COMMONilEALTH 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 avements of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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t it l Robert A. Wiesemann, Manager l Regulatory and Legislative Affairs Sworn to and subscribed .

before me this/p_ day of . m. /s1980. ,

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[otaryPublic[* . , ,

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j '(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric CorporatiTn a'nd 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-  ;

j making proceedings, and am authorized to apply for its withholding ,

on behalf of the Westinghouse Water Reactor Divisions. Further, Westinghouse is authorized by the Feedwater Line Cracking Owners l Group to obtain from NRC protection of proprietary infonnation in l connection with their activities in accordance with the procedures

) employed by Westinghouse.

l (2) I am making this Affidavit in conformance with the provisions of l* 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-

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l companying this Affidavit.

l (3) I have persor.a1 knowledge of.the criteria' and procedures utilized lg by Westinghouse Nuclear Energy Systems in designating information - l as a trade secret, privileged or as confidential connerical or financial information.

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(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 l I

of the Connission's regulations, the following is furnished for consideration by the ' Commission in determining whether the in- ,

I formation sought to be withheld from public disclosure should be .

I withheld.

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

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AW-80-66 i

f (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to t1fe public.

Westinghouse has a rational basis for determining the types l of information customarily held in confidence by it and, in that connection, utilizes a system to detemine when and i

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 I 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-i, petitive advantage, as follows:

! (a) The infomation reveals the distinguishing aspects of

aprocess(orcomponent, structure, tool, method,etc.)

i where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-lE tutes a competitive economic advantage over other l

j companies.

(b) It consists of supporting data, including test data, j

relative to a process (or component, structure, tool, method,etc.),theapplicationofwhichdatasecuresa l competitive economic advantage, e.g., by optimization ,

or improved marketability. ,

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, (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.

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

Westinghouse, its customers or suppliers.

i (e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-l

! grams of potential comercial value to Westinghouse.

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

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

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

1 (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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AW-80-66 4

(b) It is information which is marketable in many ways.

The extent to which such inforination is avail'able'to competitors diminishes the Westinghouse ability to 1

sell products and services involving the use of the  !

information.

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! (c) Use by our competitor would put Westinghouse at a  ;

i competitive disadvantage by reducing his expenditure l

! of resources at our expense.

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(d) Each component of proprietary information pertinent

! to a particular competitive advantage is potentially l as valuable as the total competitive advantage. If j

!* competitors acquire components of proprietary in.for-mation, any one component may be the key to thc entire

! puzzle, thereby depriving Westinghouse of a competitive ,

advantage.

i fg (e) Unrestricted disclosure would jeopardize the position ,

of prominence of Westinghouse in the world market, l

and thereby give a market advantage to the competition i

f in those countries.

(f) The Westinghouse capacity to invest corporate assets l

in research and development depends upon the success i in obtaining and maintaining a competitive advantage. , '

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' AW-80-66 (iii) The information is being transmitted to the Cormis,sion.in ,

i 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 to the best of our knowledge and belief.

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. (v) The proprietary infomation sought to be withheld in this subr.ittal is that which is appropriately marked WCAP-9693, i " Investigation of Feedwater Line Cracking in Pressurized Water Reactor Plants." This report has been prepared for

and is being submitted to th,e Staff at the request of the Feedwater Line Cracking Owners Group. This report describes

. various analytical, modeling and equipment modification

., details applying to owner's group members' facilities.

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, This information is part of that which will enable Westing-house and the Feedwater Line Cracking Owners Group to:

(a) Assist its members and future customers to obtain NRC approval of repairs.

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(b) Justify the design basis for the feedwater line modi-1 fications and installation methods.

Further, this information has substantial comercial value , '

as follows: ,

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- 7- AW-80-66 (a) Feedwater Line Cracking Owners Group and/or Westinghouse plans to sell the analytical techniques and eiquipment modifications described in part by the infomation.

(b) Feedwater Line Cracking Owners Group and/or Westinghouse can sell repair services based upon the experience gained and the installation equipment and methods developed.

Public disclosure of this infomation is'likely to cause substantial harm to the competitive position of Westing-house because (1) it would result in the loss of valuable patentrights,and(2)itwouldenhancetheabilityof competitors to design, manufacture, verify and sell steam l generator repair techniques for commercial power reactor's

{* without commensurate expenses. ,

i The development of the methods and equipment described in part by the information is the result of a'pplying the results of many years of experience in an intensive Westinghouse

,t effort and the expenditure of a considerable sum of money. -

In order for those who are not members of the Owners Group or are competitors of Westinghouse to duplicate this infor-mation, similar engineering programs would have to be per-formed and a significant manpower effort, having the requisite talent and experience, would have to be expended for steam .

generator repair techniques.

• Further the deponent sayeth not.

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