ML20211P513
| ML20211P513 | |
| Person / Time | |
|---|---|
| Site: | Byron, Braidwood, Zion File:ZionSolutions icon.png |
| Issue date: | 10/16/1997 |
| From: | Tulon T COMMONWEALTH EDISON CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20211P520 | List: |
| References | |
| NUDOCS 9710200220 | |
| Download: ML20211P513 (11) | |
Text
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Commonwealth Ediv>n (.ompany Ilraidwood Generating Stauon Route 01, Ikix M 6 liraces ille,11. G 407%19 Tel HI44M2M01 detober 16,1997 United States Nuclear Regulatory Commission Attention: Document Control Desk Washington, D C. 20555-0001
Subject:
Braidwood Nuclear Power Station, Unit 2 Aflidavit for Reactor Vessel Inspection Shell Weld Ir.dication Evaluation NRC Docket No. 50-457
Reference:
Timothy Tulon (Comed) letter to Document Control Desk (USh%C)
"Reector Vessel Inspection Shell Weld Indication Evaluation," dated October 15,1997 In Reference 1, Braidwood Station (Comed) submitted an evaluation regarding a Unit 2 reactor vessel inspection shell weld indication, pursuant to the provisions of ASME Section XI,1983 Edition through Summer 1983 Addenda, paragraph IWB-3125(b).
Reference I also transmitted two supporting references, one of which is proprietary, and stated that the aflidavit disclosing it's proprietary nature and the application for withholding would be submitted under a separate cover letter.
By this letter Comed is transmitting the above mentioned correspondence. Again, Comed is requesting the StafT complete their review of the Reference 1 evaluation prior to October 31,1997, to preclude delay of Braidwood Unit 2 restart.
Please address any comments or questions regarding this matter to R. L Schliessmann at (815)458-2801 extension 2038.
Sincerely, h TimothyJ.
D l
lon
- Site Vice President Braidwood Nuclear Ge.2 rating Station
-' ynp Attachments UC<g,-D of nrc97080 doc cc:
A. B. Beach, Regional Administrator - Rill G. F. Dick, Braidwood Project Manager - NRR J. A. Gavula - Region ill C. J. Phillips, Senior Resident Inspector - Braidwood Oflice of Nuclear Facility Safety - IDNS
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9710200220 971016 PDR ADOCK 05000457 O
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4 Attachment A Amdavit i
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i CAW-97-1175 l
1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
1 Before me, the undersigned authority, personally anpeared Henry A. Sepp, 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 Aftidavit are true and correct to the best of his knowledge, information, and belief:
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C I +-r' Henry A. Sepp, Manager Regulatory and Licensing Engineering Sworn to and subscribed before me this / 8 r 2 day of 24NC
,1997
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Notary Pubh.c un n'.:w,;an a w3m o:
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. CAW 97-1175 1)
I am Manager, Regulatory and Licensing Engineering, in the Nuclear Services Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclos' ire 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 Business Unit.
(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 withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as con 6dential commercial or Gnancial information.
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(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished tbr 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.
(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 con 6dence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of intbrmation 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 bid in con 6dence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitim advantage, as follows:
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. CAW-97-1175 (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 li.ense from Westinghouse constitutes a competitive economic :.dvantage over other companies.
(b)
It consists of supporting data, including test data, relative to a pro 4.ss (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 similar product.
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l (d)
It reveals cost or price information, production capacities, budget levels, or conanercial s:rategies 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 commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind trie 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 i
disclosure to protect the Westinghouse competitive position.
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. CAW-97-1175 (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 a; 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 marlet advantage to the l
competition of these countries.
(f)
The Westinghouse capacity to invest corporate assets in researen and j
development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
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 protxted is not available in public sources or available information has not 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 WCAP-12045, Revision 1, " Background and Technical Basis:
Handbook on Flaw Evaluation for the Zion, Byron and Braidwood Units 1 & 2 Main 233X+RJWt tot 347 l
' CAW-97-Il75 Coolant System and Components," (Proprietary), December,1991, being transmitted by Commonwealth Edison Company letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention Mr. Samuel J. Collins. The proprietary information as submitted for use by t
Commonwealth Edison Company for the Zion, Byron and Braidwood plants is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of evaluating flaws in the main coolant system a id components.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methods for determination of flaw evaluations in the main coolant system and components.
(b)
Assist the customer to obtain NRC approval.
(c)
Establish applicable acceptance criteria.
(d)
Establish analysis methodology for fatigue crack growth.
Further this information has subst:mtial 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.
Westinghouse can sell support and der nse of the technology to its customers (b) e 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 sleeving services and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure 2*50C-RM$. tot $97
4 CAW-97-1175 of the information would enable others to use the information to meet NRC requirements for licensing dc.umentation 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 Westinghouse effort and the expenditure of a considerable sum of money, In order for competitcrs 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 developing testing and analytical methods and performing tests.
Further the deponent sayeth not.
- 552C-RM6:10157F
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 10 CFR 2.790 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 tnat 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 (f) contained within parentheses located as a superscript immediately following the brackets l
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enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1),
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Copyright Notice
' He reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic arxi plant-specific reviews and approvals as well as the issuance,
' denial, smendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.799 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-oroprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpow.~ Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary..
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Attachment B Application for Withholding
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