ML20235G632

Requests That Rev 1 to Suppl 1 to WCAP-12067, Addl Info in Support of Evaluations for Thermal Stratification of Pressurizer Surge Lines of South Texas Projects Units... Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20235G632
Person / Time
Site:	South Texas
Issue date:	02/14/1989
From:	Weisemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20011C537	List: ML20235G632 ML20235G677 ST-HL-AE-2992, Forwards Propprietary Rev 1 to Supp 1 to WCAP-12067 & Nonproprietary Rev 1 to Supp 1 to WCAP-12087, Addl Info in Support of Evaluations for Thermal..., Per 890112 Request. Proprietary Rept Withheld (Ref 10CFR2.790)
References
CAW-89-031, CAW-89-31, NUDOCS 8902230317
Download: ML20235G632 (10)

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Nuclear and Advanced Westinghouse Energy Systems Techn@p DMsum Electric Corporation Box 355 Pittsburgh Pennsylvania 15230 0355 February 14,~ 1989 CAW-89-031 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 Evaluations for Thermal Stratification of the. Pressurizer Surge Lines of the South Texas Project Units 1 and 2 Nuclear Power Plants

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Houston Lighting and Power Company is further identified in Affidavit CAW-88-129 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.

Accordingly, this letter authorizes the utilization of the accompanying i affidavit by Houston Lighting and Power Company. {

Correspondence with respect to the proprietary aspects of the application l for withholding or the Westinghouse affidavit should reference this i letter, CAW-89-031, and should be addressed to the undersigned. {

.i Very truly yours, .

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Robert A. Wiesemann, Manager l

Regulatory' & Legislative Affairs -

l Enclosures cc: E. C. Shomaker, Esq. l Office of the General Counsel, NRC 8902230317 DR 890215 S ADOCK 05000498 L PDC _ u _ _ . . _ _ _ _ _ _ . ____ ____ _ _ _ _ _ _ j

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l PROPRIETARY IhTORMATION NOTICE TRANSMITTED HERDiITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VEPSIONS OF IOctMEh75 FURNISHED E IME NRC IN WNNECTION WITH REQUESTS FOR GENT.RIC ANIVOR PLAh7 SPECIFIC REVIEW AND APPROVAL.

IN ORER M COhTORM TO THE REQUIRDiDs75 CF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY IhTOE4ATION SO SUle?I1TED TO IME NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS C0h7AINED WITHIN BRACKETS AND WHEPI THE PROPRIETARY IhTOPF.ATION HAS BEDi DFLETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS RD%IN, THE IhTOPylTION THAT WAS C0h7AIhTD WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN ELETED. THE JUSTIFICATION FOR CLAIMING THE IhTOPF.ATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) Coh7AINED WITHIN PAREhiHF.SES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLIDWING THE BRACKETS ENCLOSIN3 EACH ITDi OF IhTOPF.ATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MAR 3IN OPPOSITE SUCH IhTORMATION. THESE LOWER CASE LETTEPS REFER TO THE TYPES OF IhTOPF.ATION WESTIN3 HOUSE CUSTOMARILY HOLDS IN C0hTIIENCE IIEh71FIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFTI!1VIT ACCOMPAhTIN3 THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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4 CAN-88-129 AFFIDAVII STATE OF CALIFORNIA:

ss COUNTY OF SAN FRANCISCO:

Before me, the undersigned authority, personally appeared i Robert A. Niesemann, 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 eversents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

e ill A >11/ J Robert A. Miesemann, Manager Regulatory and Legislative Affairs l

4 Sworn to and subscribed beforemethisf* day of Ondv ,1988.

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Wotary Public

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1 CAW-88-12g (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric j 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 and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.7g0 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 the Westinghouse Energy Systems, Nuclear fuel, and Power Generation Business Units in designating information as a trade secret, privileged or as confidential comercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of  ;

the Commission's regulations, the following is furnished for j consideration by the Comission in detemining whether the i infomation 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 confidence by Westinghouse.

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CAW 88-129 4 (ii) The information is of a type customarily held in confidence by i Westinghouse and not customarily disclosed to the public. f Westinghouse has a rational basis for determining the types of infomation customarily held in confidence by it and, in that connection, utilizes a system to detemine when and whether to l hold certain types of infomation in confidence. The j application of that system and the substance of that system ]

constitutes Westinghouse policy and provides the rational basis required.

i 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 l I

prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies. 4

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(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 advantage, e.g., by optimization or improved marketability. $

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-4 CAW 88 129 (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 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.

(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 such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is information which is marketable in many ways. The i extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infomation.

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

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1 (d) Each component of proprietary information pertinent to a j particular competitive advantage is potentially as valucble ,

as the total competitive advantage. If competitors acquire components of proprietary infomation, 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 prominenr.e of Westinghouse in the world mar et, and thereby give a market advantage to the cempet% tion of those

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countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the su.. cess in obtaining and maintaining a competitive advantage.

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CAW-88-129 (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 Comission.

(iv) The information sought to be protected is not available in public sources or available information 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 " South Texas Units I and 2, Pressurizer Surge Line and Residual Heat Removal Line Stratification", WCAP.12067, (Proprietary), for South Texas Projects Units 1 and 2, being transmitted by the Houst o Lighting and Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, M. A. McBurnett, Manager, Operations Support Licensing, HL&P, to NRC Document Control Desk, attention Dr. Thomas Murley, December, 1988. The proprietary information as submitted for use by Houston Lighting and Power Company for the South Texas Project is expected to be applicable in other l licensee submittals in response to certain NRC requirements I for justification of the integrity of the pressurizer surge line for its design life under themal stratification conditions.

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-7 CAW-88-12g-This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses and methodology used in the evaluation of the thermal stratification phenomenon.

(b) Establish revised design transients for the l pressurizer surge line based on plant monitoring data and Westinghouse test progrcms.

(c) Demonstrate the structural integrity of the pressurizer surge line for the 40 year design life, and the acceptability of leak before break and fatigue crack growth, under thermal stratification conditions.

(d) Demonstrate the low likelihood of stratification in the RHR lines, and the integrity of these lines in the event such a condition did exist.

(e) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar 4 information to its customers for purposes of demonstrating adequate design life for surge lines and RHR lines.

(b) Westinghouse can sell support and defense of the i technology to its customers in the licensing process.

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Public disclosure of this proprietary information is likely to cause substantial ham to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the infomation to meet NRC requirements for licensing documentation without purchasing the right to use the infomation.

The development of the technology described in part by the infomation 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 competitors of Westinghouse to duplicate this infomation, similar technical programs would have to be perfomed and a significant manpower effort, having the requisite talent and experience, would have to be expended for the development, verification, and licensing of adequate methods for evaluation of this phenomenon.

Further the deponent sayeth not.

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