ML20206F881

Requests That WCAP-12042 Be Withheld from Public Disclosure Per 10CFR2.790

ML20206F881
Person / Time
Site:	Point Beach
Issue date:	11/14/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19295G689	List: ML20206F878 ML20206F881 ML20206F903
References
CAW-88-124, NUDOCS 8811210383
Download: ML20206F881 (10)

Text

s

. = 1 ath Power Systems

$3bwmsmus Novembei- 14, 1988 CAW 88-124 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP-12042 (Proprietary) and WCAP-12043 (Non-Proprietary)

Dear Dr. Hurley:

The proprietary information for which withholding is being requested in the enclosed letter by Wisconsin Electric 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 the basis on which the information may be withheld from public disclosure by the Commission and addressed with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

l The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW 88-106.

l Accordingly, this letter authorizes the utilization of the accompanying affidavit by Wisconsin Electric Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 88-124, and should be addressed to the undersigned.

Very truly yours, WESf!NGH0VSE ELECTRIC CORPORATION f

Robe

!W A. Wiesemann, Manager _

Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC i

88112103s3 GS1117 '

l hDR ADOCK 05000301 PDC i_ >

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 10CFR2.790 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 information 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 (g) contained within parentheses located as a superscript immediately following the brackets  !

enclosing each item of information. These lower case letters refer to the types of informatio! Vestinghouse customarily holds in confidence identified in sections (4)(ii)(a) through (4)(ii)(g) of the affidavit accompanying this transmittal pursuant to 10CFR2.790(b)(1).

i t

j f

P 1

1

~~

,a CAW 88-106 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:

NotLLLb$.I fk .

JM. NAWKtU Robert A. Wiesemann. Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this Sf day of Mh,1988.

M1. htEhk Notary Public' NOTMW. 5E AL LoAR*.E u PACA, NOTARY PU3.C MMoEVELE104o ALLEMNf CCCNTY uYCowS104 ExPAES CEO 14.1M1 Wetw Pevs Aania Aescostce cu .'s u

CAW-88-106 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of revie ing the proprietary information 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 Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.

(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 withholdinc accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units 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 information 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.

U7 CAW-88-106 (ii) The information is of a type customarily held in confidence by Westint1 house 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 detemine when and whetn.. 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 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 constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, telative 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.

I CAW-88-106 (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 capacities, budget levels, or 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 comercial value to Westinghouse.

(f) It contains patentable ideas, 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.

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.

CAW-88-106 (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 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 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 of those countries.

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

4 CAW 88-106 (111) The 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.

(iv) The information sought to be protected is not available in public sources or available information has nnt been previously 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 "San Onofre Unit 1 Evaluation for Tute Vibration Induced Fatigue," WCAP 11974 (Proprietary), for San Onofre Nuclear Generating Station, Unit No. 1, being transmitted by the Southern California Edison Company (SCE) letter and Application for Withholding Proprietary Information from Public Disclosure, M. O. Medford, SCE, to J. B. Martin, Region 5 Administrator, November 10, 1988. The proprietary information as submitted for use by Southern California Electric Company for the San Onofre Unit No. 1 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of actions to minimize the potential for rapidly propagating fatigue cracks causing a steam generator tube rupture.

l l

l L.__

CAW 88-106 This information is part or that which will enable

< Westinghouse to:

(a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to the potential for denting induced fatigue degradation at the top tube support plate.

(b) Establish the tube stiffness, frequency, and fluid elastic stability ratios by dynamic analysis of various tubes.

(c) Establish the effects on fluid elastic instability of columnwise variations in anti-vibration bar insertion depths.

(d) Establish the detailed flow conditions in the region of interest including flow velocities, densities, and void fractions.

(e) Assist the customer to obtain NRC approval.

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.

l 1

L__

g

,f ,

J CAW 88 106 (b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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 competitors to provide similar analytical documentation and licensing defense services for cor.nercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information  ;

to meet NRC requirements for licensing documentattor.

l 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 Wastinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this informatica, similar technical programs would have to be performed and a significant manpewer effort, having the requisite talent and txperience, would have to be expended for developing testing and analytical methods and performing tests.

[

Further the deponent sayeth not. [

r i

i i

i

- ,