ML20211H060

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Requests That Proprietary WCAP-11383, Technical Bases for Eliminating Class 1 Accumulator Line Rupture as Structural Design Basis for South Texas Project Units 1 & 2, Be Withheld (Ref 10CFR2.790(b)(4))
ML20211H060
Person / Time
Site: South Texas  STP Nuclear Operating Company icon.png
Issue date: 02/04/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19292G817 List:
References
CAW-87-006, CAW-87-6, NUDOCS 8702260056
Download: ML20211H060 (8)
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ATTACHMEliT 1 ST-HL-AE l'fo 6 PAGE / OF Westinghouse PowerSystems Ba 355 Pittsburgh Pennsylvania 15230-0355 Electric Corporation February 4, 1987 CAW-87-006 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:

Technical Bases for Eliminating Class 1 Accumulator Line Rupture as the Structural Design Basis for South Texas Project Units 1 & 2

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Houston Lighting & 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 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 Af fidavit CAW-84-102.

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

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-006, and should be addressed to the undersigned.

Ver truly yours,,

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Ro ert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.

Office of the General Council, NRC

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. ATT ACHMENT I ST HL AE- 1906 PAGE JL OF I Attachment to Houston Lighting & Power Company Letter for Transmittal to the NRC Enclosed are:

1. copies of WCAP-11383, " Technical Bases for Eliminating Class i Accumulator Line Rupture as the Structural Design Basis for South lexas Project Units 1 & 2" (Proprietary).
2. copies of WCAP-11382, " Technical Bases for Eliminating Class i Accumulator Line Rupture as the Structural Design Basis for South Texas Project Units 1 & 2" (Non-Proprietary).

Also enclosed is a Westinghouse authorization letter, CAW-87-006, 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 af fidavit signed by Westinghouse, the owner of the information. The affidavit 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 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-87-006 and should be addressed to R. A. Wiesemann, Manager of Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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ATTACH 9fENT /

ST-HL- AE- 190 /a

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PROPPlETARY INFORMATION NOTICE TRANSP2TTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY D00)MEh75 PURNISHE 70 THE NRC IN CONNECTION WITH REQUESTS j PLANT SPECIFIC REVIEW AND APPROVAL.

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IN ORDER 70 CohTORM 701HE REQUIPM75 & 10CTR2.790 W IEE COFr.JuiIO PEULATIONS CONCERNING 1HE PROTECTION W PROPRIETARY INFORMA i

70 THE NRC, THE IhTOPEATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS CONTAIND WITRIN BRACKETS AND WHERE THE PROPRIETARY INFORFATION DELEID IN THE NON-PROPPlETARY VERSIONS CfC Y THE BRACKETS RDRIN, THE Ih70PyATION THAT WAS CONTAIND WITHIN THE BRACKEIS IN THE PROPRIETARY VERSION HAVING BEEN MI.D:"D. THE JUSTIFICATION FOR Q AIMIRG THE INFORMATION DESI3NATD AS PROTRIETARY IS ICICATED IN BOIH VERSIONS BY MEANS LETERS (a) THTOUGH (g) CONTAINED WITHIN PAREh7HISES LOCATE AS A SUPERSCRIPT IMMEDIATELY FC:. LOWING THE BRACKETS dig.05ING EACH ITEM 07 INFORFATION BEING DENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE THESE SUQi Ih70RMATIO L0n'ER CASE Lun.RS PIFIR 70 THE TYPES & INFDPEATION WESTINGHOUSE C HES IN CONTIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFTIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSJAhT 7010CFP2.790(b l

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hf'GE OW CAW-84-102

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AFFIBAVIT COMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLESHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo,,

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, inferination, and l belief:

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Joh D. MCAdoo, Assistant Manager clear safety Department Sworn to and subscribed before me this AL,, day

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Notary Public 100 taint M. PIPLICA. 307ARY PUBlic '

BONIDIVILLt BORD. ALLICN!hY COUNTT yM13510N EIrltts Dic 34. !N7

ATTACHMENT /

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ST-HL-AE- /906 PAGE 5 OFf CAW-84-102 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of review'ing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

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(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.190 of the Consission's regulations and in conjunction with the

Westinghouse application for withholding accompany this Affidavit.

l (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 Connission's regulations, the following is furnished for consideration by the Connission in de,termining whether the information sought to be withheld from public disclosure should be withheld.

(1) The information sought to be withheld from public disclosure is owned and has bee'n 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 i

constitutes Westinghouse policy and provides the rational basis required.

.~~ ATTACHMENT /

ST-HL- AE- M66

' PAGE & OFf CAW-84-102 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, relative to process (or component, 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 a l 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 connercial 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.

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- ATTACHMENT l ST HL AE- 19 ol, PAGE 7 OF8 CAW-84-102 There are sound poli reasons behind the Westinghouse system which include the f olli .ag:

(a) The use of such information by Westinghouse gi'es v Westinghouse a competitive advantage over its competitors.

l It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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

extent to which such information is available to competitors diminishes the West'inghouse ability to sell products and services involving the use of the information.

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(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 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 advantages (iii) The information is being transmitted to the Connission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Connission.

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  • 90b ST.H gL-0AE-]F PAGE F e

CAW-84-102 (iv) The information sought to be protected 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 appropriately unrked in WCAP-10489,

" Technical Bases for Eliminating Pressurizer Surge line Ruptures as the Structural Design Bases for South Texas Project," dated February 1984, and " Additional Information - South Texas Surge Line.'

l The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided that they have the requisite talent and experience.

Public d8sclosure of this information is likely to cause

( substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort,

, Further the deponent sayeth not.

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