ML20217F531
| ML20217F531 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 07/25/1997 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19317C557 | List: |
| References | |
| CAW-97-1146, NUDOCS 9708060071 | |
| Download: ML20217F531 (9) | |
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Westinghouse Energy Systems su m arse u es u m Electric Corporation
% 333 Pmegh Pennsyivama 15?30 0355 Document Control Desk CAW-97 1146 U.S. Nuclear Regulatory Commission Washington, D. C. 20555 July 25,1997 Ittention: Mr. Samuel L. Collins APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
"WCAP 14932, "Probabilistic and Economic Evaluation of Reactor Vessel Closure Head Penetration integrity for Virgil C. Summer Nuclear Plant" (Proprietary)
Dear Mr. Collins:
The proprietary information for which withholding is being requested in the above referenced report is further identified in Aflidavit CAW-97-1146 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The aflidapt, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Cornmission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Aflidavit by South Carolina Electric & Gas Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse aflidavit should reference this letter, CAW-97 1146, and should be addressed to the undersigned.
Very truly yours, f
JJD:bbp N.J. Liparuto, Manager Equipment Design and Regulatory Engineering Esi4391;07/2.4 97;CAWil47 9700060071 970730 PDR ADOCK 0500039S P
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CAW.971146 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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ss COUNTY OF ALLEGHENY:
II Before me, the undersigned authority, personally appeared Henry A. Sepp, 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, inf(,rmation, and belief:
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r-a r 7, Henry A. Sepp, Manager Regulatory and Licensing Engineering Sworn to and subscribed
'before me this, frI day of
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2-CAW.971l46 (1)
I am Manager, Regulatory and Licensing Engineering, in the Nuclear Services Division, of the 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 connectior with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2)
I am making this Af0 davit in conformance with the provisions of 10CFR Section 2,790 of the Commission's regulations and in conjunction with the Westinghouse application for whhholamg accompanying this Af0 davit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as con 0dential commercial or Gnancial 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.
(i)
The information sought to be withheld from public disclosure is owned and has been held in con 0dence by Westinghouse.
(ii)
The information is of a type customarily held in con 0dence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in con 0dence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of inforn.tlor in con 0dence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, intbrmation is held in con 0dence 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 ibliows:
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3-CAW-97-1146 (a)
The information reveals the distinguishing aspects of a process (or component, Ftructure, tool, method, etc.) where prevention of its use by any of 3
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 process (or 4
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 ccmmercial 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.
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, withlield from disclosure to protect the Westinghouse competitive position.
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-4 CAW.971146 (b)
It is inforuation 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.
(d)
Each component of proprietary information peninent to a particular competitive advantage is potentially as valuable as the total competitive advantage, if competitors acquire components of proprietary information, any mponent may be the key to the entire puule, thereby depriving on 4 / uighouse of a competi'ive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, end thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capaelty to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(ill)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to te received in confidence by the Commission.
(iv)
'N information sought to be protected is not available 11. public sources or available tutormation has not been previously employed in the same original manner or method 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 "probabilistic and Economic Evaluation of Reactor Vessel Closure head penetration Integrity for Virgil C. Summer Nuclear plant,"
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I 5-CAW 971I46 WCAP 14932 (Ptoprietary), July,1997 for the Virgil C. Summer Nuclear Station, being transmitted by South Carolina Electric & Gas Company (CGE) letter and Application for Withholding Proprietary information from Public Disclosure, to the
-l Attention of Samuel J. Collins. The proprietary information as submitted for use by South Carolina Electric & Gas Company for the Virgil C. Summer Nuclear Station is expected to be applicable in other licensee submittats in resp (mse to certain NRC requirements for justification of Reactor Vessel Closure Head Penetration Integrity.
This information is part of that which will enable Westinghouse to:
(a)
Perform probabilistic and economic analyses to support utilities in decision-making relative to Reactor Vessel Closure Head Penetration Integrity; (b)
Provides Westinghouse a competitive advantage in the marketplace in performing analyses of Reactor Vessel Head Penetration Integrity.
(c)
Assist the customer to respond to GL-97-01.
Further this information has substantial commercial value as follows:
-(a)
Westinghouse plans to r, ell the use of similar information to its customers for purposes of decision making relative to Reactor Vessel Closure Head Penetration Integrity.
(b!
Westinghouse can sell support and defense of the probability and economic analyses of Reactor Vessel Closure Head Penetrations.
Public disclosure of this proprietary information is likely to cause substantial harm to.
the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar Probability and Economic Analyses of Reactor Vessel Closure Head Penetrations. Also, public disclosure of the information would enable vacannm
i 6-CAW 971146 1
others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money, in order for cornpetitors of Westinghouse to duplicate this intbrmation, similar technical programs would have to be performed and a significant manpower efibrt, having the requisite talent and experience, would have to be expended for development of this technology i
i Further the deponent sayeth not, f
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Proprietary Information Notice Transmitted herewith are proprietary and/or non proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant specific review and approval.
In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). Thejustification for claiming the information so designated as proprietary is indicated in both versions by means oflower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item ofinformation being identified as proprietary or in the margin opposite such information. These lower case letters i
refer to the types ofinformation Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the aflidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
A
Copyright Notice The reports transmitted herewith each bear a Westinghouse %opyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 i
CFR 2.790 regarding restrictions on public disclosure to the extent such information has been 1
j identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy l
available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must 1
include the copyright notice in all instances and the pioprietary notice if the original was identified as proprietary.
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