ML20214P233

Requests Proprietary Addl Info in Support of Elimination of Postulated Pipe Ruptures in Accumulator Line of South Texas Power Project Units 1 & 2 (WCAP-11383/11351)... Be Withheld (Ref 10CFR2.790)

ML20214P233
Person / Time
Site:	South Texas
Issue date:	05/26/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H322	List: ML20214P233 ML20214P244 ST-HL-AE-2213, Forwards Proprietary & Nonproprietary Addl Info in Support of Elimination of Postulated Pipe Ruptures in Accumulator Lines of South Texas Projects Units 1 & 2 (WCAP-11383/11351) (10-Inch & 8-Inch RHR Piping Attached to Accumulator Line
References
CAW-87-054, CAW-87-54, NUDOCS 8706030260
Download: ML20214P233 (7)

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J ittsNgiPennsylvania 15230 0355 ff C C0 Orall0n May 26, 1987 CAW-87-054 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Additional Information in Support of the Elimination of Postulated Pipe Ruptures in the Accumulator Line of South Texas Units 1 & 2 (10 Inch and 8 Inch RHR Piping Attached to the Accumulator Line)

Dear Dr. Murley:

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 preprietary informstion, 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 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-87-054, and should be addressed to the undersigned.

Very/ uly yours,

$dilllLtl{

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures

- cc: E. C. Shomaker, Esq. -

Office of the General Council, NRC 00 870529

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1 FROPRIETART INFORMATION NOTICE TRANSMITTED NDEWIIH ARE PROPRIETART AND/0R 3CN-

! DOCUMENT 5 FURNISHD TO THE NRC IN CONNECTIO FLANT SPECIFIC REVIEW AND APPADVAL.

IN ORDER 10 CONFORM TO THE RIDUIREMDIT5 0F 10CFR i

RIDULATIONS CONCERNING THE PACTECTION W PROP 10 THE NRC, THE INFDRMATION WHICH IS FADPRIETART IN THE PR CONTAINED WITHIN BRACKEIS Am WHERE THE PROPAIET DELETED .IN THE NON-PROPRIETARY YDSIONS OLT THE BRACEE!5 RD INFDRMATION MAT WAS CCNTAITED WITHIN THE BRAtX MAVIN 3 BEDi DII.ETED.

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DE52DNA1ID AS PROPRIETARY 25 2NDICATED IN 80!H T .

LETTERS (a) THROUGH (3) CONTAIND WITHIN PARENTH IPFMTI:.Y FOLLOWING THE BRACKETS DCI.CBIC EACH IT IDENTIFIED AS PROPRIETARY OR IN DE MARGN OPPOSITE e WE5E LORD CASE LETTERS REFER 10 THE TYPD W INFDRMATI HUS IN CONFIDDCE IDDiTIFIED IN SECTIONS (4)(11)(a) through (4)(11)(

1 AFFIDAVIT ACCOMPANTIE THIS TRANS.CTTAL PURSJANT i

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l AFFIBAVIT COMNONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLE6HENY:

l Sefore me, the undersigned authority, personally appeared John D. McAdoo.,

teho, being by me duly sworn according to law, deposes and says that be is authertred to execute this Affidavit en 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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CAW-84-102 (1) I en Assistaht Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I 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 an 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 2.130 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompany this Affidavit.

1 (3) I have personal knowledge of the criteria and procedures utilised by

, Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial infomation.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of the Connission's regulations, the following is furnished for consideration by the Connission 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.

(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 l information customarily held in confidence by it and, in that connection, utilizes a sy: tem to determine when and whether to hold certain types of information in confidence.

The a'pp11 cation of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

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 dshit in the loss of an existing or potential competitive advantage.-as follows:

(a) The inferination 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 compenent, 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.

l (e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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

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

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 competitive disadvantage by reducing his expenditure of resources at our expense.

l (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 jeopardite 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 depends upon the success in obtaining and maintaining a competitive advantage. -

(iii) The information is being transmitted to the Connission in confidence and, under the provisions of 10CFR 5ection 2.7g0. it is to be received in confidence.by the Connission.

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1 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 prSprietary information sought to be withheld in this' submittal is that which is appropriately marked in WCAP-10483,

' Technical Bases for Eliminating Pressuriser Sur8e line Ruptures as the Structural Design Bases for South Texas Project," dated February 1384, 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 )

j Westinghouse provided that they have the requisite talent and j

experience. l 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 comunensurate investment of time and effort.

Further the deponent sayeth not.

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