ML20214A159

Requests Withholding of Proprietary Presentation & Handout Matl Re Leak-Before-Break Calculations for South Texas Project 12-Inch Diameter Accumulator Line, Presented During 861015 Meeting W/Nrc.Affidavit Encl

ML20214A159
Person / Time
Site:	South Texas
Issue date:	10/29/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292G273	List: ML20214A142 ML20214A159 ML20214A183
References
CAW-86-100, ST-HL-AE-1784, NUDOCS 8611190271
Download: ML20214A159 (8)

Text

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3TTACHMENT I ST-HL AE- l#ff4 PAGE i OF 19 Westinghause PowerSystems Ba 355 Pittsbu@ Pennsyivania 15230-0355 Electric Corporation October 29, 1986 CAW-86-100 Mr. Harold R. Denton, Director

,0ffice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Alternative Pipe Break Criteria - Accumulator Line

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 2.190 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-86-100, and should be addressed to the undersigned.

Ver ruly yours, 2

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

Of fice of the General Council, NRC 8611190271 861114 PDR ADOCK 05000498 h PDR

- ' ATTACHMENT l ST HL AE- I'l84

. PAGE A. OF 19 CAW-84-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Beiore 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 before me this d day 9f h h 1984.

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Notary Public LORRAINE M. PIPilCA NOTARY PUBLIC MCNR0tVitLE BORD. ALLIGH!hY COUNTY MY COMM13310N EIPIRES DEC 14.1987 Member. Pennsylvania Association of Notaries

ATTACHMENT I ST-HL-AE- 17f 4 PAGE 3 OF l9 l

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CAW-84-102 l

(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 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.

, (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 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 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 withheld from public disclosure should be withheld.

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

t (ii) The information is (s : type customarily held in confidence by Westinghouse and ret ;stomarily disclosed to the public.

Westinghouse has a tutional 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 inf ornation in confidence.

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The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

i

.'* . ATTACHMENT I ST-HL AE- (?f4

. PAGE 4 OF 19 C AW-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 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 commercial value to Westinghouse.

l (f) It contains patentable ideas, for which patent protection may be j de s i rable','

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(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

, , I ATTACHMENT I "

. ST ML-AE 171V PAGE 5 OF19

" CAW-84-102 There are sound policy reasons behind the 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 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 sell products and services involving the use of the information.

(c) Use by our competitor would put Westinghouse at a con'petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent v 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 depersds upon the success in obtaining and maintaining a competitive advantage.

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

HFC/0162m/11-20-84

ATTACHMENT /

ST-HL AE- /7#

.- PAGE 6 OF /9 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 Infornation - 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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I ATTACHMENT I 1 ST-HL-AE- l'7g y P

L AGE 7 OF/9 PROPRIETARY INFOPyATION NOTICE TRANSFITTED HDEWITH ARE PROPRIETARY AND/OR NON-PR DOCUMEhTS FURNISHE TO THE NRC IN CONNECTION WI PLAhT SPECIFIC REVIEW AND APPRWAL.

IN ORDER 10 CONTOPy. 70 THE REQUIREMENTS E 10CFR2.790 W THE COW REDULATIONS CONCERNING THE PROTECTION & PROPRIE 70 MiE NRC, THE INFORMATION WHICH IS PROPPlETARY IN THE PROP CONTAINE WITRIN BRACKETS AND WHEE THE PROPRIETAR DEETD IN THE NON-PROPRIETARY VDSIONS GC Y THE BRACKETS RDEIN, IhTOPyATION DIAT WAS CONTAINED WITHIN THE BRACKEIS IN THE PRO HAVIN3 BEDi DEETE.

THE JUSTIFICATION FOR 1 AIMING THE INFORETION SO DESIGNATED AS PROPRIETARY IS INDICATE IN BDIN VES LEITDS (a) THROUGH (g) CohTAING WITHIN PAREhTHESES LOCATED AS l IMMEDIATEY FOLLOWING THE BRACKETS Di1CSING EACH EENTIFIED AS PROPRIETARY OR IN 1HE HARGIN DPPOSITE S THESE LORD CASE LEITERS REFER 10 THE TYPES OF INFORETIO H02S IN CONFIDENCE DEhTIFIED IN SECTIONS (4)(11)(a) through (4)(11 AF71 DAVIT ACCOMPAhTING THIS 1RANSMITTAL PURSUAh

Attachment 2 i

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