ML20235M897

Requests Withholding of Proprietary WCAP 12125, Catawba Unit 1 Evaluation for Tube Vibration Induced Fatigue, Per 10CFR2.790

ML20235M897
Person / Time
Site:	Catawba, McGuire, 05000000
Issue date:	02/10/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML20011C557	List: ML20235M883 ML20235M897 ML20235M911
References
CAW-89-026, CAW-89-26, NUDOCS 8902280486
Download: ML20235M897 (10)

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Box 355 Pittsburgh PennsyNama 15230 0355 February 10, 1989 CAW-89-026 Mr'. Thomas Murley, Director

. 0ffice of Huclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUE11C DISCl0SURE

Subject:

" Transmittal of WCAPs Entitled " Catawba Unit 1 Evaluation For Tube Vibration Induced Fatigue"

Dear Mr. Murley:

The proprietary information for which withholding is being requested in-the enclosed letter by Duke Power Company i:; further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Elects ic 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 t 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 required is of .

the same technical type as that proprietary material previously submitted as Affidavit CAW-88-124.

1 Accordingly, this letter authorizes the utilization of the accompanying -i affidavit by Duke Power Company. I 1

Correspondence with respect to the proprietary aspects of the l application for withholding or the Westinghouse affidavit should  !

reference this letter, CAW-69-026, and should-be addressed to the  !

undersigned. 4 Ver ul,y yours,. .,

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Robert A. ies e l Regulatory & Legislative Affairs Enclosures _

cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISliED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCEP.NING THE PROTECTION OF PROPRIETARY INFORMATION SO St?BMITTED TO THE hRC, THE INFORMATION WHICH IS PROPR!ETAP.Y 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. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATE*_Y FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OP. IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGliOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(II)(a) THROUGH (4)(11)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO v"FR2.790(b)(1).

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i CAW-88-124 MFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 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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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this / N ay of /ht A . , 1988.

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CAW-88-124 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear l

and Advanced Technology 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 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 2.790 of the Commission'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 commercial or financial 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 confidence by Westinghouse.

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CAW-88-124 0

(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 infuriation 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 competitive advantage, as follows:

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(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 compenent, 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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(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 commercial strategies of .,

Westinghouse, its customers or suppliers.

.l (e) It reveals espects of past, present, or future Westinghouse 1

- or customer funded development plans and programs of-  ;

potential commercial value to Westinghouse. 1

- (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. l 1

There are scund policy reasons behind the Westinghouse system which include the folicwing:

(a) The use of scch information by Westinghouse gives Westinghouse a competitive advantage over its competitors.

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

(e) Unrestricted disclosure would jeoptrdize the position of prominence of Westinghouse in the world market,.and thereby give a market advantage to the competition of 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. j j

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- . m CAW-88-124 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 1 2.790, it.is to be received in confidence by the ' a Comission.

g (iv) .The.information sought to be protected is not availablelin public sources or available informatica 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 " Point Beach Unit 2 Tube Fatigue Evaluation: Response to NRC Questions", WCAP-12042, (Proprietary), for Point Beach j Nuclear Plant Unit 2, being transmitted by the Wisconsin Electric Power Company (WEPCO) letter and Application for Withholding-Proprietary Information from Public Disclosure, C. W. Fay, WEPCO, to NRC Document Control Desk, Attention f W. $wenson, November 17, 1988. The proprietary .information as submitted for use by Wisconsin Electric Power Company for the Point Beach Unit 2 is expected to be applicable in.

Other licensee submittals in response to certain NRC requirements for justification of actions to minimize the potential for rapidly propagating fatigue cracks causing'a steam generator tube rupture. )

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CAW-88-124 I

This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses, methods, and testing for reaching a conclusien relative to the

_ potential for denting induced fatigue degradation at the top tube support plate.

(b) Establish the tube stiffness, frequency, and fluid-elastic stability ratios by dynamic analysis of various tubes.

(c) Establish the effects on fluid-elastic instability of columnwise variations in anti-vibration bar insertion depths.

(d) Establish the detailed flow conditions in the region of interest including flow velocities, densities, and void fractions.

I (e) Assist the customer to obtain NRC approval.

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Further this information has substantial commercial value {

as follows:

1 (a) Westinghouse plans o sell the use of similar

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information to its customers for purposes of meeting )

NRC requirements for licensing documentation. l I

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CAW-88-124 (b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

Phblic disclosure of this proprietary infomation is likely to cause substantial harm to the competitive position of liestinghouse because it would enhance the ability of-competitors to provide similar analytical documentation and

' licensing defense services for comercial. power reactors-without commensurate expenses. Also, public disclosure of the information would enable 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 miny years of experience in an intensive Westinghouse effort and the expenditure of a considerable. sum of money.

In order for competitors of Westinghouse _ to cuplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing testing .and analytical methods and performing tests.

l. Further the deponent sayeth not.

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