ML20235K414

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Requests Proprietary WCAP-11601, North Anna Unit 1 Steam Generator Tube Rupture & Remedial Actions Technical Evaluation, Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20235K414
Person / Time
Site: North Anna Dominion icon.png
Issue date: 09/23/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19304B531 List:
References
AW-87-096, AW-87-96, CAW-81-079, CAW-81-79, NUDOCS 8710050079
Download: ML20235K414 (10)
v • d • e


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' September 23, 1987 I Westinghouse ' PowerSystems Nuclear Techno!Ogy systerns usion I' Electric Corporation l '

Box 355 Pittsburgh P6ansy!vania 15230-035b '

AW-87-096 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comrission Washington, D.C. 20555 l

APPLICATION FOR WITHHOLDING PROPRIETAR!

INFORMATION FROM PUBLIC DISCLOSURE

Subject:

. North Anna Unit 1 Steam Generator Tube Rupture and Remedial Actions Technical Evaluation, WCAP-11601 (P) and WCAP-11602 (NP).

Dear Dr. Murley:

'Pne application for withholding is submitted by Westinghouse Electric Corporation

(" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of i

the Commission's regulations. It contains com:nercial atrategic 1nromation proprietary to Westinghouse and customarily held in confidence.

The proprietary material for which withholding is bein6 required is of the sa:ne technical type as that proprietary material previously submitted as Affidevit CAW-81-079 Accordingly, it is respectfully requested that the subject infonnation which is proprietary to Westinghouse be withheld from public disclosure in accorcance with 10CFR Section 2.790 of the Coramission's regulations..

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-87-096 and should be addressed to the undersigned.

Very3rulyyours, e 8710050079 e70923 PDR [, )

P ADOCK 05000338 /

PDR {c,- //j2'//t'/[g4(L/

Robert A. Wiesemann, Manager Regulatory and legislative AfPairs Enclosure (s) ,

cc: E. C. Shomaker, Esq.

Office of the General Council, NRC R ---______m mm__:___m-_-_m____ _ _ _ _ . . _ _ _ _ _ _ _ , _ _ _ _ _ _ _ __

i PROPRIETARY INF0FyATION NOTICE

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TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY 4 D00) MEN 73 FURNISHED TO EE NRC IN CONNECTION WITH RRUES PLAhT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 70 C0hTORM 7D THE REQUIREMENTS T 10CTR2 790 0F THE i RCULATIONS CONCERNING EE PROTECTION & PROPRIETARY INFORM 70 THE NRC, EE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY YERS CONTAINED WITHIN BRAQ"EIS AND WHERE 7HE PROPRIETARY IhTORFAT '

. DELETED IN 7EE NON-PROPRIETARY VERSIONS DE.Y THE BPACKEIS RDRIN, THE

  • IATOFyATION THAT WAS CONTAINED WITHIN THE BRACVITS IN THE PROPRIETARY V HAVING BEDi DC.ETED. THE JUSTIFICATION FOR CLAIMING THE INFOR DESIGNATED AS PROPRIETARY IS INDICATED IN BOIH VERSIONS BY LEITER 0 (a) THROUGH (g) COLTAINED WITHIN PARENIEESES LOCATED AS A SUPERSC '

IMMEDIATELY FOLLOWING THE BPACKETS ENCLOSING EACH ITEM OF IDENTIFIED AS PROPRETARY OR IN THE MARGIN OPPOSITE THESESUCH IhTORF LCWD CASE LETTERS RDT.R 70 THE TYPES OF IhTOPyATION WESTINGHOUSE CUSTOM HOLDS IN CONFIDENCE IDEhTIFED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS 77JJiSMITTAL PURSJAh7 7D 10CFP2 7

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CAW-81-79 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

i Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on I behalf of Westinghouse Electric Corporation ( Westinghouse") and that l 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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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs l

Sworn to and subscribed before me this 2 day of D m ,[a. 1981.

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'., k CAW-81-79 k

(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear i Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing j the proprietary information sought to be withheld from public dis- I closure in connection with nuclear power plant licensing or rule-  !

making proceedings, and am authorized to apply for its withholding l on behalf of the Westinghouse Water Reactor Divisions. l l

1 (2) I am making this Affidavit in conformance with the provisions of -l 10CFR Section 2.790 of the Commission's regulations and in con- l

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junction with the Westinghouse application for withholding ac- j companying 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. i l

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 {

of the Comission's regulations, the following is furnished for j consideration by the Commission in determining whether the in-  !

formation sought to be withheld from public disclosure should be l

withheld.

(i) The infomation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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CAW-81-79 (ii) The information 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 information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold 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.

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 com-petitive 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 q competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, j method, etc.), the application of which data secures a l competitive economic advantage, e.g., by optimization 1

or improved marketability. I l- i I

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CAW-81-79' i

(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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e).Itrevealsaspectsofpast,present,orfutureWest-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

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

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

There are sound policy reasons behind the Westinghouse system which include the following:

l (a) The use of such infonnation by Westinghouse gives j Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position. q

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CAW-81-79 l-(b) It is information which is marketable in many ways.

The extent to which such information is available to l 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 infor-mation, 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 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.

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CAW-81-79

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(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. 1 1

-(iv) The information sought to be protected is not available in ,

public sources or available information has not been pre-viously employed in the same original manner or method to the best of our knowledge and belief. j (v) The proprietary information sought to be withheld in this submittal.is that which is appropriately marked in " Steam l Generator Tube Plugging Margin Analysis" for the Virgil C.

Summer Nuclear Power Plant Unit No.1, WCAP-9912. Revi- l sion'2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company letter Application for Withholding 1 Proprietary Infomation from Public Disclosure,- Nichols to .

Denton, November 1981. The proprietary information as sub-mitted for South Carolina Electric and Gas Company, Virgil C.

Sumer Nuclear Station use is expected to be applicable in other licensee.and applicant submittals in response to cer-tain NRC requirements for jus'tification of the steam generator tube plugging margin.

This infomation is part of that which will enable Westing-house to: ,

(a) Provide documentation of the analyses, method and test-ing for determining plugging margin.

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CAW-81-79 (b).L Establish the minimum wall thickness in compliance with Regulatory Guide 1.121.

(c) Establish the' stress limits versus thinning of the remaining tube wall.

(d) Establish the maximum allowable leakage in support of the leak-before-break. criteria.

(e) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as follows:

(a) . Westinghouse plans to sell similar infonnation to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse can sell support and defense of the tech- i nology to its customers in the licensing process. l Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro- l vide similar analytical documentation and licensing defense services for comercial power reactors without connensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-

  • ments for licensing documentation without purchasing the  ; -

right to use the information.

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CAW-81-79 h

, I 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 competitors'of Westinghouse to duplicate this information, similar technical programs would have to' be performed and a significant manpower effort, having the f requisite talent and experience, would have.to be expended for system design software development. 1

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Further the deponent sayeth not.

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