ML20214P830

Requests Rev 1 to WCAP 10929, Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis... & Rev 1 to WCAP 10931, Toughness Criteria..., Be Withheld (Ref 10CFR2.790)

ML20214P830
Person / Time
Site:	Prairie Island
Issue date:	08/05/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292F920	List: ML20214P780 ML20214P830 ML20214P850 ML20214P869
References
CAW-86-067, CAW-86-67, NUDOCS 8609240070
Download: ML20214P830 (8)

Text

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mcwis**syDMsim Westinghouse Water Reactor Electric Corporation Divisions mm PittsburgnPennsylvanta15230 August 5,1986 CAW-86-067 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Bases for Prairie Island Unit 2 ,

Reference:

Northern States Power Company Letter to NRC dated September 1986

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the enclosed letter by Northern States Power Company is further identified in an affidavit signed by the owner of the propristary 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 Connission 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.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northern States Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-067, and should be addressed to the undersigned.

Very truly yours, 2gggg ggggja2 NL -

PDR A. Wiesemann, Manager P

Regulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq. -

Office of the Executive Legal Director, NRC d

r CAW-83-80 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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

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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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hD. McAdoo, Assiit1 Int Manager Nuclear Safety Department i

Sworn to and subscribed before n:e this u4 day f pt[hh5'f+ 1983.

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CAW-83-80 (1) I am As'sistant 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 information sought to be withheld from public disclosure in' connection with nuclear power plant ifcensing 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 comercial or financial information.

(4) Pursuant to the provisions of piaragraph (b)(4) of Section 2.790 of the Comfision's regulations, the following is furnished for consideration by the Comission in determining whether the information sought to be with-held 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 information is of a type customarily held in. confidence by Westinghouse and not customarily disclosed to the public. Westing-house has a rational basis for determining the types of information l ,

customarily held in confidence by it and, in that connection, l utilizes a system to determine when and whether to hole certain types of informa' tion in confidence. The application of that system and the l substance of that system constitutes Westinghouse policy and provides l

the rational basis required.

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. CAW-83-80 Under that system, information,is held in confidence if it fails in one or more of several types, the release of which might r,esult in the loss of an existing or potential competitive advantage, as fo.llows:

(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

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from Westinghouse constitutes a competitive economic advantage

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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 advan-tage, e.g., by optimization or improved marketabfifty.

-(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.

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

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- CAW-83-80 s

(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 system which include the following:

(a) The use of information by Westinghouse gives Westinghouse a

. competitive advantage over its competitors. It is, therefore, withheld from41sclosure 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 5

expense.

i l (d) Each component of proprietary information pertinent to a parti-

! - cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components l of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a compett-l tive advantage.

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

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CAW-81-80 e ,,

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(f') The Westinghouse capacity to invest corporate assets dn research i- and development depends upon the success in obtaining and main- ,

taining a competitive advantage. ,

(iii) The information is being transmitted to the Commission in confidecce .,

and, under the provisions of 10CFR Section 2.7_90, it^is to be

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race.tved in confidence by the Commission.

(iv) Theinformationsoughttobeprotectedisnotavadableinpublic -

sources to the best of our knowledge and belief. ,';

(v) The proprietary information sought to be withheld in this subelttal

is that which is appropriately marked in " Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as ths St.ructural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

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l The subject information could only ,be duplicated by competitors if 3

! they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent ar.d experience. / ,

f Public disclosure of this information is ifkely to cause substantial harm to the competitive position of Westinghouse because it would f

j simplify design and evaluation tasks without requiring a cemensurate

( investment of time and effort.

Further the deponent sayeth not. ,

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Attachment (Insert to Northern States Power Company

, Letter for Transmittal to the NRC)

Enclosed are:

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1. copies of WCAP-10929, " Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Bases for Prairie Island Unit 2," Westinghouse Proprietary Class 2, Revision 1. July 1986.

2. copies of WCAP-10928, " Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Bases for Prairie Island Unit 2." Westinghouse Non-Proprietary, Revision 1, July 1986.

3. copies of WCAP-10931, " Toughness Criteria for Thermally Aged Cast Stainless Steel". Westinghouse Proprietary Class 2 Revision 1, July 1986.

4. copies of WCAP-10930, " Toughness Criterit for Thermally Aged Cast

! Stainless Steel", Westinghouse Proprietary Class 3, Revision 1, July 1986.

Also enclosed is a Westinghouse authorization letter, (CAW-86-067),

Proprietary Information Notice, and accompanying affidavit.

l As items (1) and (3) contain information proprietary to Westinghouse Electric l Corporation, they are supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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

Section 2.790 of the Commission's regulations.

l Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comission's regulations. Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse affidavit should reference (CAW-86-067) and should be addressed to R. A. Wiesemann, Nanager, Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

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r PROPRIETARY Ih7ORMATION NOTICE TRANSMITTD HDDiITH ARE PROPRIETARY AND/OR NON-PROPRIETARY YESIONS OF DOCUMENTS PURNISMD TD DE NRC IN CONNECTION WITH RICU575 FOR OBHIC AC/OR PLAhi SPECIFIC RDIEW AND APPRWAL.

t IN ORDER TD CohTORM TO THE RZQUIREMEhT5 W 10CFR2.790 CF THE COM".J5 ION'S RCULATIONS CONCd.NING THE PROTECTION & PROPRIETARY Zh70MTION 30 EUSMITTED 20 THE NRC, THE IhTOMTION WHICH IS PROPRIETART IN THE PROPRIETART YERSIONS IS timTAIND WITHE BUCKETS AD WHDE EE PROPRIETART IFOMTION BA5 BEEN DILETD IN DE NON-PROPRIETARY YERSIONS DC.T THE BMcKET5 REMAIN, EE INFORmTION THAT WAS CCNTAINED WITHIN THE BMcKEIS IN EE PROPRIETARY VDSIONS l MAVIN 3'BEEN DII.ETED. THE JUSTIFICATION FDR II. AIMING HE INFORMATION 30 DESIGNATED AS PROPRIETARY 23 2DICATE IN 30!H'VD3 IONS BY MEANS. W LE*2 CASE LETTERS (a) THROUGH (g) CONTAIND WITHIN PARDWESES LOCATD A5 A SJPERSCRIPT ZEIATILY POLLOWING THE EMcKETS EG.051NG EACH ITEM OF INTDRMATION SEING 22nTIFIED AS PROPRIETARY OR IN DE MutGIN OPPOSITE SJO! INFDMTION. THDE LSD CASE LETTERS REFER TD DE TYPD CF ZFORMATION WETINGHOUSE CUS10MRILY NCS IN CONFIDENCE 2DETIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANTIN3 HIS HAN5MITTAL PURSUET TD 10CFR2.790(b)(1).

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