ML20235J449

Requests That Proprietary WCAP-11317,Suppl 1, Addl Info in Support of Technical Justification for Eliminating Large Primary Loop Pipe Rupture as Structural Design Bases... Be Withheld from Public Discloser Per 10CFR2.790

ML20235J449
Person / Time
Site:	Beaver Valley
Issue date:	09/18/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19304B526	List: ML20235J432 ML20235J449 ML20235J480
References
CAW-87-093, CAW-87-93, NUDOCS 8710010453
Download: ML20235J449 (6)

Text

- .

rg

[. \. 1 l

Westingh0use PowerSystems Nucleadechno@

sysms use Electric Corporation Box 355 Pmsbutgh Pennsylvania 15230-0355 September 18,'1987 CAW-87-093.

Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation 1 U.S. Nuclear Regulatory Commission  !

Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY )

INFORMATION FROM PUBLIC DISCLOSURE-

Subject:

Transmittal of WCAP's-11317 Supplement 1 (Proprietary Class 2) and 11318 Supplement 1 (Non-Proprietary Class 3) entitled, " Additional Information in Support of the Technical Justification for Eliminating Large Primary -

Loop Pipe Rupture as the Structural Design Bases for Beaver Valley Unit 1.

Dear Dr. Murley:

)

~

The proprietary material for which withholding is being requested in the reference letter by the Duquesne Light 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 i information may be withheld from public disclosure by the Commission and addresses I with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's 1 gulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-83-080.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.  ;

l Correspondence with respect to the proprietary aspects of the application for ]

withholding or the Westinghouse affidavit should reference this letter, CAW-87-093, and should be addressed to the undersigned.

Vejtrlyyours,  ;

I yb[ fggf,(y G l '

- Robert A. Wiesemann, Manager -

/dmr Regulatory & Legislative Affairs Enclosure (s)  :

cc: E. C. Shomaker, Esq.

Office of the General Council, NRC

. 1 I

PROPRIETARY INFOPyATION NOTICE i 1

TRANSMITTED HEEVITH ARE PROPPlETARY AND/OR NON-PROPR 1 D0QJMEhTS n!RNISHED TO 1HE NRC IN CONNECTION WITH RE PLAhT SPECIFIC REVIEW AND APPROVAL.

l s.-

IN ORDER 7D CONFORM 701HE RIQUIREMEhTS OF 10CFR2.790 0F PIGULATIONS CONCERNING 1HE PROTECTION 7 PROPRIETARY TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIET CONTAINED WITHIN BRACKITS AND WHERE THE PROPRIETARY I '

DELTED IN THE NON-PROPRIETARY VERSIONS ELY THE BRACKETS REMAIN -

INFDPyATION THAT WAS CONTAINED WITHIN THE BRACVITS IN 1HE PROP HAVING BEEN DELTED.

1HE JUSTIFICATION FDR CLAIMING THE INFORMATION SoI DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VER LDTERS (s) THROUGH (g) C0hTAINED WITHIN PAREhTHDES LOCATED AS IMMEDIATELY FOLLOWING THE BPACKETS DiCI.051NG EAC IDD;7IFIED AS PROPRIETARY OR IN 1HE MARGIN OPPOSITE SUCN 1HDE Ih70RMATIO LORD CASE LETTERS REFER TO THE TYPES OF INFORMAT HOLDS IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(

AFFIDAVIT ACCOMPAhTING THIS 7RANSMITTAL PURSUAh7 7

~

_ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - ~ ~ - - _

n. . . . ,.

. a

. ,1 CAW-53-80 '

eV

- AFFIDAVIT

- COMMON'E.ALTH OF PENNSYLVANIA: ,.

ss.

j

- COUNTY OF ALLEGHENY: ,

~

Before me, the undersigned authority, personally. appeared John D being by me duty sworn according to Taw, deposes and'says that:he isa authorized to execute this Affidavit on behalf of Westinghou'se Electric.-l Corporation (" Westinghouse") and that the averments of fact set.I Affidavit are true and correct to the best of his knowledge, informatio

' belief:

I f

i

% _: y-

, 3tc; %W _

l h D. McAdoo.. Assitt1 Int Manager  ;

Nuclear Safety Department' --

j s

1 1

i j

Sworn to and subscribed before me this [ day of oftaM[w_ .1983.

f,9,. dlot.gry..PQ]f(,gg li

! m: . 00m

• . l. ,19y Q

b e \

t _____.___m ______m__ . _ _ . _ _ _ _ . _ _ _. _ _

i CAW-83 ,

I (1)

I am Assistant 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 Ifcenting 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 l 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 commercial or financial information.

(4)

Pursuant to the provisions of paragraph (b){4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be with-  !

held from public disclosure should be withheid.

l (i) The information sought to be withheld from public disclosure is owned l

and has been held in confidence by Westinghouse.

1 i

The infomation is of a type customarily held in confidence by (ii) Westing-Westinghouse and not customarily disclosed to the public.

house has a rational basis for determining the types of information L

customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hole certain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.  !

i 5055Q:1D/092683

CAW-83-80 Und,er 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 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 marketability.

(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 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.

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

5055Q:1D/092683 j

o e -

e  ;

m S ,,,r 4-- CAW-83-80.- ' ,

1 1

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

There are sound policy reasons behind the Westing suse system which-include the following:

(a) The use.of information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore,- j l

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. ,

l (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 pertinent to a parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components- 1 of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-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.-

5055Q: 1D/092683 f

)

)