ML20212B874
| ML20212B874 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 08/01/1986 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292F701 | List: |
| References | |
| CAW-86-065, CAW-86-65, TAC-61775, TAC-61776, NUDOCS 8608070257 | |
| Download: ML20212B874 (10) | |
Text
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August 1, 1986 CAW-86-065 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Tubesheet Region Plugging Criterion For the Duke Power Company McGuire Nuclear Station Units 1 & 2 Steam Generators (WCAP-11224-P and WCAP-11225-NP) o
Reference:
Duke Power Company Letter to NRC dated August, 1986.
Dear Mr. Denton:
The proprietary material for which withholding is being requested in the enclosed letter by Duke Power Co. 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 frcm 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 i
regulations.
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted as Affidavit CAW-81-79 Accordingly, this letter authorizes the utilization of the accompanying affidavit by i
Duke Power Company.
i Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-065 l
and should be addressed to the undersigned.
Very truly yours, A 'O Lh d ig 8600070257 860005 PDR ADOCK 05000369
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/<CR rt A. Wiesemann, Manager
/dmr Regulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 4
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4 PROPRIETARY I FORMATION NOTICE s
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TRANSHITTD HDEWITH ARE PROPRIETARY AND/0R ACN l
DOCUMENTS FURNISHD TO ME NRC IN CONNECTION i
PLANT SPECIFIC REVIEW AND APPRWAL.
IN ODER 10 CONFORM TD THE REQUIRDENTS W 10CFR i
EEULATIONS CONCERNING THE PROTECTION N PRO TO THE NRC, THE INFDRMATION WHICH IS PROPRIETARY IN DE P CONTAIND WITHIN BRACKETS AND WHDE THE FROPRIE i
DEETD.IN THE NON-PROPRIETARY YESIONS OC.T THE j
INFORMATION MAT WAS CONDINED WITHIN M BRAC RMING BEDi DII.ETE. 'THE JUSTIFICATION FOR CLAIMING DESIDNATED AS PROPRIETARY IS INDICATE IN BD!H Y i
LETTERS (s) THROUGH (g) CoNTAIND WITHIN PARENTHESES LOCAT l
IMMEDIATE.T FOLLOWING THE BRACKETS DCI.05ING EA DENTIFIED AS PROPRIITARY OR IN DE MutGIN OPPOSITE S THESE LGiB CASE LETTERS REFER 10 WE TYPES E INFORMA NCLDS IN CONFIDUCE IDENTIFIED IN BECTIONS (4)(ii)(a) through (4)
ATFIDAVIT ACCOMPANTING THIS TRANSMITTAL FUR 30 A
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CAW-81-79 AFFIDAV3T COMM3NWEALTH 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.
, depo:,es and says that he is authorfied 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: BA 8121Aq 2 1 Robert A. Wiesemann. Manager Regulatory and Legislative Affairs ~ i j Sworn to and subscribed before me this day A of M r./u 1981. ./ ? _ $ l ' 'Iff. t As WW Notary.Fub)i.c f t.** - s 1
. ~. . 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 infomation sought to be withheld from public dis-i 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 Wster Reactor Divisions. (2) I am waking this_ Affidavit tu confornance with the provisions of 10CFR 5ection 2.790 of the Comission's regulations and in con-i
- function with the Westinghouse application for withholding ac-companying this Affidavit.
(3) I have personal knowledje 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. i (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of the Comission's regulations. the follcwing is furnished for consideration by the Comission in detemining whether the in-femation' sought to be withheld from public disclosure should be withheld. (1) The infomation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghous'e.
. CAW-81-79 ) (ii) The infomation 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 infomation customarily held in confidence by it and. in that connection, utilize; 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 conf (dence 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 a'spects 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. 9 ,-..,n...,,-
. 4-CAW-81-79 l (c) Its use by a competitor would reduce his expenditur. 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 comercial 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 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 treated as proprietary by Westinghouse according to agreements with the owner. There are sound policy reasons behind the Westinghouse syste. which include the following: ~ (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.' 1 l
r. - CAW-81-79 i (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 o 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 acquir's components of proprietary infor-nation, 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) TheWestinghousecapacitytoinvestcorporatehssets in research and development depends upon the success in obtaining and maintaining a competitive advantage. ~ e 9 -,..--r--v.-
.. CAW-81-79 (iii) The information is being transmitted to the Commission in confidence and under the provisions of 10CFR Section 2.793, it is to be received in confidence by the Conrnission. (iv) The information 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 ~ i Generator Tube Plugging Margin Analysis" for the Ytrgil C. Sunrner Nuclear Power Plant Unit No.1. WCAP-9912. Revi-sion2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company letter Application for Withholding Proprietary Infonnation from Public Disclosure. Nichols to Denton, November 1981. The proprietary infomation as sub-mitted for South Carolina Electric and Gas Company, Virgil C. Sunrner Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response to cer- ~ tain NRC requirements for justification of the steam . generator tube plugging margin. l This infonnation is part of that which will enable Westing-l house to: (a) Provide documentation of the analyses, method and test-ing for determining plugging margin. i
\\ ' CAW-81-7g (b). Establish the minimum wall thickness in compliance with Regulatory Guide 1.121. (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. (e) Assist the customer to obtain NRC approval. Further this infomation 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. 'l (b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process. Public disclosure of this infomation 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 comensur' ate expenses. Also, public disclosure of the infomation would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the infomation. - + - - -- -- - - - - - - - - - - - - - ,,e
. CAW-81-79 i ~ The development of the techno1ogy described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort l 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 aanpower effort, having the requisite talent and experience, would have to be expended for system design software development. Further the deponent sayeth not. e I 1 l l l l l .}}