ML20213D792

Requests Proprietary WCAP-11163, Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for North Anna Units 1 & 2, Be Withheld (Ref 10CFR2.790)

ML20213D792
Person / Time
Site:	North Anna
Issue date:	08/20/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292G230	List: ML20213D730 ML20213D760 ML20213D777 ML20213D792 ML20213E055
References
CAW-86-069, CAW-86-69, NUDOCS 8611120235
Download: ML20213D792 (7)

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".' ATTACHMENT 7 l l

'- NDERAL EXPRESS Westinghouse PowerSystems sexass Electri Corporation "'"**"" "'""*5'"" ' 52 30.o33 5 j SEP 191m August 20, 1986 E&C

• RECORDS MANAGEMEN1; CAW-86-069 Mr. Harold R. Denton, Director i Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 f' APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE 5

Subject:

Technical Bases for Eliminating large Primary Loop Pipe Rupture as l a Structural Design Basis for North Anna Units l' and 2

Reference:

Virginia Electric an'd Power Company Letter to' NRC dated September 1986 g s

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Dear Mr. Derton:

l Theproprietarymaterialforwhichwithholdingisb$ingrequestedinthe enclosed letter by Virginia Electric and Power Companytis further identified in an af fidavit 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 requested is of the same technical type as that proprietary material previously submitted as ,

Affidavit CAW-83-80.

l Acco'rdingly, this letter authorizes the utilization of the accompanying l 'af fidavit by Virginia Electric and Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-069, and should be addressed to the undersigned.

Very truly yours, l

B611120235 861106 LA.) l.AA.4- W

- ADOCK 050 0 38 t A. Wiesemann, Manager _

%DR Regulatory & Legislative Affairs Enclos'ure(s) cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC i o

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i t PROPRETARY INFORMATION WOTICE s .

k TRANSHITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROP DOCUMENTS FURNISHG TO THE NRC IN CONNECTION WITH PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM 10 THE REQUIRDENTS OF 10CTR2.79 RESULATIONS CONCERNING 1HE PROTECTION OF PROPRIET 70 THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPR CONTAING WITHIN BRACKETS AND WHERE THE PROPRIETARY I '

DE ETED IN THE NON-PROPRIETARY VERSIONS ELY THE BRACKETS REMAIN -

INFORMATION THAT WAS CONTAING WITHIN THE BRACKET HAVING BEM DH.ETED.

THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 h DESIGNATED AS PROPRIETARY IS IADICATG IN BOIH VERSIO LEITERS (a) THROUGH (g) CONTAING WITHIN PAREN7HESES LOCATED AS A IMMEDIATELY FOU.0 WING THE BRACKEIS n'CLQ5ING EACH ITD IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SU2 THESE LWD CASE LEITERS REFER TO THE TYPES OF INFORMATION HOWS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g)

AFFIDAVIT ACCOMPANTING THIS TRANSMITTAL PURSUANT 101

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\ CAW-83-80 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

1 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, Land belief:

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D. McAdoo, Assiirant Manager Nuclear Safety Department Sworn to and subscribed before...m...e this u n day of.'%h%

1983.

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CAW-83-80 d

(1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy Division,.of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary

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information sought to be withheld from public disclosure 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 Comission'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 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 Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be with-held 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 infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing- l 1

house 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 hole certain types of informa' tion in confidence. The application of that system and the subs.tance of that system constitutes Westinghouse policy and provides the rational basis required.

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,.-  ; CAW-83-80 Under that system, information is held in confidence if it. falls in one or mor.e of several types, the release of which might r,esult 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 a prccess (or component, structure, teol, method, etc.), the application of which data secures a competitive economic advan-

. tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or comercial 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 commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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(g) It is not the property of Westinghouse, but must he't'reated as proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, 1 withheld from disclosure to protect the Westinghouse competitive position.

(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 self 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 5

expense.

(d) Each component of proprietary infe,mation pertinent to a parti-cular 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 competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-83-80 (f') The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining.and main-taining 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 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 " Technical Bases for

- Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

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

Public disclosure of this information is itkely 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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