ML20210D277

Requests That Proprietary Rev 2 to WCAP 11306, Tubesheet Region Plugging Criterion for Alabama Power Co Farley Nuclear Station Unit 2 Steam Generators, Be Withheld from Public Disclosure,Per 10CFR2.790.Affidavit Encl

ML20210D277
Person / Time
Site:	Farley
Issue date:	04/27/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H207	List: ML20210D277 ML20210D297 ML20210D304
References
CAW-87-038, CAW-87-38, TAC-65287, NUDOCS 8705070107
Download: ML20210D277 (10)

Text

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V Westinghouse PowerSystems [uga;, go Electric Corporation Box 355 Pittsburgh PennsyNania 15230-0355 April 27, 1987

. CAW-87-038 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP's 11306 (Rev. 2) Proprietary and 11314 (Rev. 2),

Non-Proprietary entitled, Tubesheet Region Plugging Criterion for the Alabama Power Company Farley Nuclear Station Unit 2 Steam Generators.

Dear Dr. Murley:

The proprietary material for which withholding is being requested in the enclosed letter by the Alabama Power Company is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. he affidavit, which accompanies this letter, sets forth the basis on which the infonnation 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.

De proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-81-079 Accordingly, this letter authorizes the utilization of the accompanying affidavit by Alabama Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-038, and should be addressed to the undersigned.

Ver truly yours, 7 070504 '

ho DOK0500g4 Y% OA440EAli.

o rt A. Wiesemann, Manager

_ /dmr Regulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq.

Office of the General Council, NRC

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 0F 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 RENAIN, THE INNRMATION 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 IPHEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INWRMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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CAW-81-79 AFFIDAVIT COPMONWEALTH 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, infonnation, and belief:

// oAnmA Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 2 day of D.uz. /u. 1981.

'., L./ j' ELO'its a:- wh w+y

e.  : Notary';Public~./ -

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', 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 infomation as a trade secret, privileged or as confidential comercial or financial infomation.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(1) 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 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 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.

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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 commercial 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 comnercial 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:

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(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 infonnation is available to competitors diminishes the Westinghouse ability to

! sell products and services involving the use of the i

information.

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

competitive disadvantage by reducing his expenditure j of resources at our expense. .

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. (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-j 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

in obtaining and maintaining a competitive advantage.

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CAW-81-79 (iii) The infomation 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 Connission.

(iv) The infomation 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-sion2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company letter Application for Withholding Proprietary Infomation from Public Disclosure, Nichols to Denton, November 1981. The proprietary information as sub-mitted for South Carolina Electric and Gas Company, Virgil C.

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

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

(a) Provide documentation of the analyses, method and test-ing for determining plugging margin.

CAW-81-79 l

(b) Establish the minimum wall thickness in compliarice with Regulatory Guide 1.121.

i (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.

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(e) Assist the customer to obtain NRC approval.

Further this information has substantial comercial value -

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 defense

! services for comercial power reactors without connensurate expenses. Also, public disclosure of the information would I enable others to use the infor1 nation to meet NRC require- >

l ments for licensing documentation without purchasing the i 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 i

for system design software development.

Further the deponent sayeth not. -

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