ML20213D701

Requests Proprietary WCAP-11327, Cumulative Usage Factor Criterion for Break Postulation for South Texas Units 1 & 2, Be Withheld (Ref 10CFR2.790)

ML20213D701
Person / Time
Site:	South Texas
Issue date:	10/30/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292G221	List: ML20213D679 ML20213D701 ML20213D726
References
CAW-86-096, CAW-86-96, NUDOCS 8611120197
Download: ML20213D701 (7)

Text

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Westinghouse PowerSystems Ba 355 Pittsburgt1PennsyNania 15230 0355 Electric Corporation October 30, 1986 CAW-86-096

,Mr. Harold R. Denton, Director Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Cumulative Usage Factor Criterion for Break Postulation for South Texas Units 1 & 2

Dear Mr. Denton:

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.~/90 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-86-096, and should be addressed to the undersigned.

Veryprul.yours, b

Rohdrt A. Wi esemann, Manager deyulatory&dLegislativeAffairs Enclosures cc: E. C. Shomaker, Esq.

Office of the General Council, NRC 8611120197 DR 861031 ADOCK 05000498 PDR

/ PROPRIETARY INFORMATION NOTICE '

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TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSION DOCUMENTS FURNISHED 701HE NRC IN CONNECTION WITH REDUESTS FDR G PLAhT SPECIFIC REVIEW AND APPROVAL.

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IN ORDER 10 CONFORM 701HE REQUIREMENTS OF 10CFR2.790 W THE COMMISSIO RESULATIONS CONCERNING 1HE PROTECTION OF PROPRIETARY INFORMATION S 1

70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS i

CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS B ~

. DEI.ETED IN THE NON-PROPRIETARY VERSIONS GLY THE BRACKETS REMAIN, THE -

IhTORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIET

/ HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO

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DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS LCTERS (a) THROUGH (g) CONTAINED WITHIN PAREh"IEESES LOCATED AS A SUPERSCRIPT i

IMMEDIATELY FOLLOWING THE BRACKETS INCLOSING EACH ITEM OF INFORMATION IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. T LOWD CASE LEITERS REFER 10 INE TYPES OF INFORMATION WETINGHOUSE QJS10 HO:.DS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSUAhT 1010CFR2.790(b)(1).

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CAW-84-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLE6HENY:

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, information, and belief:

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Joh D. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed beforemethis2.!Eday .

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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 reviewing the proprietary information sought to be withheld free 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 i

Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompany this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade i

secret, privileged or as confidential commercial or financial information.

(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 Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

a l (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

I (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 j

1 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.

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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, nanufacture, shipment, installation, assurance of quality, or licensing a

, similar product.

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! (d) It reveals cost or price information, production capacities, budget levels, or connercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer fuaded development plans and programs of potential commercial 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, m .

CAW-84-102 There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westinghouse gi'ves 1

Westinghouse a competitive advantage over its competitors.

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

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

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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.

(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 i

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.'190, it is to be received in confidence by the Connission.

i i i HFC/0162n/11-20-84

r 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 marked 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."

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 disclosure 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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