ML20235Y445

Authorizes Withholding of Proprietary WCAP-11525, Probabilistic Evaluation of Reduction in Turbine Valve Test Frequency, Per Encl Affidavit AW-80-027 (Ref 10CFR2.790)

ML20235Y445
Person / Time
Site:	Prairie Island
Issue date:	09/14/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19304B595	List: ML20235Y430 ML20235Y445
References
AW-80-27, CAW-87-068, CAW-87-68, NUDOCS 8710200363
Download: ML20235Y445 (11)

Text

, .

g~7 m

W> r,.

q~.'

@g n g+ ,

, u ,

5 o t. e

.v)"

4

, J.f k  ; .

\ =

s 9 >

.. f (

m f'  : Westinghouse- Power Systems . jyga;g,77 y

yf "3' Electric Corporation -

Box 355 N Pittsburgfi Pennsylvania 15230-035b

.Date: September 14, 1987 CAW-87-068' m 3

[~VF^ .Dr.sThomas Murley, Director; .. .

0fficeLof Nuclear. Reactor Regulaticn 4 , .U.S... Nuclear Regulatory Commission ~-

7 y

.. Washington,LD.C. ~ 20555

[1 t .

L APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE l

Subject:

WCAP-11525)(Proprietary) and WCAP-11529 (Non-Proprietary)L

'"Probabilistic. Evaluation of. Reduction In Turbine Valve Test e <

1 Frequency"?

g, Ref: Westinghouse Letter WOG-TVTF-87-013,. J.D.: Campbell of Westinghouse Electric Corporation to M.W. Thomas of Northern States Power Company,

' dated-September 11, 1987; L ,

.e

Dear Dr. Murley:

,. The proprietary information for which withholding is being requested in the enclosed letter.by.Noithern States Power 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 infomation r<ay be withheld from public disaicsure by

~the Commission's regulations.

The proprietary material 1for which withholding is being required is of the same technical _ type as that proprietary naterial previously submitted as Affidavit AW-80-027

> Accordingly.:this letter authorizes the utilization of the accompanying i: affidavit.by Northern States Power Company.

I

. magnis -

8710200363 87(SlF PDR ADDCK 050002B2 l' PDR

Date: September 14, 1987 CAW-87-068 Correspondence with respect to the proprietary aspects of the application for withMiding or the Westinghouse affidavit should reference this letter, l CAW-87-068, and should be addressed to the undersigned.

l Very truly yours, W

Ro ri A. Wiesemann, Manager l

Re & Legislative Affairs

! Enclosures l cc: E.C. Shomaker, Esq.

l Office of the General Council, NRC (EKF:PROPINF0/PG.22)

I

/*

s i

l

Y y;, . :n

>..y

.0-IAW-80-27 4

A AFFIDAVIT-

.C0fiMONWEALTH 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,

,depos'es 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:

I-l d./.4 b Robert A. Wiesemann, Manager.

Regulatory and' Legislative Affairs i

Sworn to and subscribed-before this / [ day of _ 1980.

i l

[NotaryPublic / . ..

'4Q , . ,a $ i n.

=_______ __ ..

AW-80-27 4 (1) I am' Manager, Regulatory and Legislative Affairs, in the Nuclear Technology 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 dis-

' closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westin: house Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's. regulations and in con-junction with the Westinghouse application for withholding ac-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 commerical or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Ccmmission's regulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withneld.

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

I i

l

AW-80-27 (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 tne 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 oyst.em constitutes Westinghouse policy and provides the rational basis required. .

Under that system, information is hels 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 competitors without license from Westinghouse consti-tutes a competitive economic advantage over other j companies.

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

l 1

e , ' :- '

a f

1. - , '

'q'.

j i

@' .4 AW.go_27; l i ,

i Nja '\

!J -

(c) . Its u'se'.by a competitor. would reduce his expenditure o'f re' sources or. improve' his competitive position in the- -l design,. manufacture, shipment, installation, assurance-of quality,- or.. licensing a similar product.

3

'( d ) It reveals cost'or price information, production cap-

' acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

-(e)

It reveals aspects-of past, present, or future West-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. .

7

'(g) 'It .is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreemen.ts'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 com-peti tors . It is, therefore, withheld from disclosure to protect 'the Westinghouse competitive position.

L

{

1

a L

4

! ' f ,,

T U ~[ .

T 5 AW go 27 v.,

4 .t j

(b)' ItL is information which .is ' marketable in many. ways.'

r The.-extent to which such information is available to competitors diminishes the Westinghouse ' ability .to Lsell products and services involving"the use'of the in' forma tion'.f

-(c)' use'by our ' competitor would put Westinghouse at a competi.tive 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 a'cquire 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 -

1 in those countries, i (f) The Westinghouse capacity to invest corporate assets in research and development decends upon the success j in obtaining and maintaining a competitive advantage.

'l l

1 o

i> .

g

' { * .h ? ,

j p, ,1t:

1

c .

AW-80-27--

e,

9 e

(.iii)

~

TheLinformation i.s.-being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790,-

Lit:is;to be received in confidence by the Commission.

lo ,

_(i_v). The informatio'n sought ..to be protected is not available .in' Lpuolicisources --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 the attach-

, ment te ilestinghouse Letter No. NS-TMA-2257, Anderson to Miller,'.dc:ed June 16,-.1980 concerning the Westinghouse Equip-4 ment Qualification Program to address Regulatory Guides 1.89 and 1.100. Theiletter and attachment are being submitted to compiete.the_information.provided in WCAP-8587, Supplement 1, which was' requested by the NRC via PBS Standard. Question No.~4,

" Environmental' Qualification of Class 1E Equipment."

This information enables Westinghouse to:

1.,

(a) Develop testiinputs and procedures -to satisfactorily verify the design.of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.-

Further, the information has substantial commercial value as follows:

(a) Westinghouse.can sell the use of this information to customers.

4 AW-80-27 (b) Westinghouse uses the information to verify the' design of es 'pment which is sold to customers.

i (c). Westinghouse can sell testing services based upon the experience gained and the test equipment and methods .

J developed. {

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 design, manufacture, verify, and sell electrical equipment for com-mercial power reactors without commensurate expenses. Also, public disclosure of the-information would enable others having the same or similar equipment to use the information to meet NRC requirements for licensing' documentation without i purchasing the right to use the information.

. The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.

This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available and could somehow obtain the requisite experience.

Further the deponent sayeth not.

l l

Addresses:

R.G.. Saint-Paul, Director

-Nuclear Safety Westinghouse Nuclear International-Europe 1180 Brussels (internal mail)

~J. Cobian, Manager i Nuclear Safety Westinghouse Nuclear International-Europe Madrid 16, Spain (internal mail)

M.D. Beaumont, Manager- ,

Westinghouse Bethesda-Licensing Operations 4901 Fairmont Avenue

.Bethesda, Maryland 20814

-(or send to-Lori Piplica, WEC 4-12 East) l 1

I l

l

)

I i

l L_ - _ - - - - _ - - - - - _ - - - -

b .

L.

i l

l I .

Attachment 2 Prairie Island Nuclear Generating Plant

' Supplemental Information for License Amendment Dated September 28, 1987 Turbine Valve Test Frequency Reduction WCAP-ll525 "Probabilistic Evaluation of Reduction in Turbine Valve Test Frequency" CONTAINS PROPRIETARY INFORMATION TO~BE WITHHELD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR PART2, SECTION 2.790 i

ATTACHMENT 2 CONTAINS PROPRIETARY INFORMATION TO BE WITHELD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR PART.2, SECTION 2.790  ;

_ _ - - _ - _ - _ - - _ . . -