ML20236C752

Requests Proprietary WCAP-11599, Technical Bases for Eliminating RHR Line Rupture from Structural Design Basis for Vogtle Unit 2, Be Withheld (Ref 10CFR2.790).Affidavit Encl

ML20236C752
Person / Time
Site:	Vogtle
Issue date:	10/12/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19304B639	List: ML20236C730 ML20236C752 ML20236C791
References
CAW-87-099, CAW-87-99, NUDOCS 8710270321
Download: ML20236C752 (7)

Text

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v October 12, 1987 CAW-87-099 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:

Technical Basis for Eliminating RHR Line Rupture as the Structural l Design Basis for Vogtle Unit 2 Ibar Dr. Murley:

The proprietary material for which withholding is being requested in the reference letter by Georgia Power' Company is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infonnation 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.

1 The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted as Affidavit CAW-84-102.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Georgia Power Company.

Correspondence with respect to the proprietary aspects of the application for ,

withholding or the Westinghouse affidavit should reference this letter,  !

CAW-87-099 and should be addressed to the undersigned. j Ver, truly yours, i .

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y ftf-hober

!(f)[idfML A. Wiesemann, Manager

/dmr Regulatory & Legislative Affairs Enclosure (s) i cc: E. C. Shomaker, Esq. i Office of the General Counsel, NRC puoS88Ea Bu8$p A

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/ PROPRIETARY INFORMATION NOTICE , ,

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TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON.PROPRETARY VERSIONS OFj

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D0QJMENTS FURNISHED 70 THE NRC IN CONNECTION WITH REQUI3TS FDR OD 1

PLANT SPECIFIC REVIEW AND APPROVAL.

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IN ORDER 10 CONFORM TD 1HE REQUIREMENTS OF 10CFR2.790 W THE C0HKISSION l RIDULATIONS CONCERNING 1HE PROTECTION OF PROPRIETARY INFORMATION 3 TO 1HE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY YERSIONS IS i

CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS B '

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- DII.ETED IN THE NON-PROPRIETARY VERSIONS OLY THE BRACKETS REMAIN, THE *

,f INFORMATION 1NAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETAR I

/ HAVING BEEN DELETE. THE JUSTIFICATION FOR Q. AIMING THE INFORMATION SO I

-( DESIGNATED AS PROPRETARY IS INDICATED IN BOIH' VERSIONS BY HEANS OF L LDTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATILT FDLLCWING THE BRACKETS ENG.0 SING EACH ITEM OF INFORMATIO IDENTIF2ID AS PROPRIETARY OR IN THE HARGIN OPPOSITE 3U01 INFORMATION.

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LORER CASE LDTERS REFIR 701HE 1TPES OF INFORMATION WESTINGHOUSE QJS HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE  !

AF71 DAVIT ACCOMPANYING THIS TRANSMITTAL PURSJANT 1D 10CFR2.790(b)(1 i

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$ ( 0 7) b Before me, the undersigned authority, person.nlly ,

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appeared John D.' McAdoo ,

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- teho, being by me duly sworn according to lay, deposes'and.says that he'is ,

r authorizedtoexecutethis'Affidavitonbehalfof,idstinghouseElectric- I Corporation (" Westinghouse *) and that the averments of fact set forth in this 0 Affidavit are true and correct to the best of his knowledge, information, and belief: -

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v Joh D. McMoo, Assistant Manager y clear Safetyfsepartment yl

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8 Sworn to and subscribed . [' . l'! '

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before me this gjf day y '

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10ERAINI N. PIPLICA. NOTAir! PtBUC

.3 NONR0tVILLE 80RO. ALLICHINY COVWTY WY COMMIS$10N LIPIRt1 DEC 14. IN7 j'

aember. Pennsylvania Association el botares /

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'jy'(1) 1.am Assistant Manager, Nuclear Safety Department, in the Nuclear

[( TechnologyDiyision,ofWestinghouseEleytricCorporationandassuch,I

{ have been specifically delegated the func, tion of reviewing the proprietary information sought to be withheld from public disclosure in connection wit $,tiuclear power plant licensing or rulemaking proceedings, and am authorized to apply for its vitM$1 ding on behalf'of the

,; c Westinghouse Water Reactor Divisions. .'

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(2) I am making this Affidavit in confor,mance with the provisions of 10CFR 1/ Section 2.790 of the Commission's 1egulations and in conjunction with'the p .. rf Westinghouse application for withholding accompany this Affidavit.

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-l (3) I have personal knowledge of the ' criteria and procedures utilized by l 1 Westinghouse Nuclear Energy Systems 'a designating information as a trade .i d,LIY secret, pr'ivileged or as confiden' (ial comercial or financial information. .

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j /i (4)- Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the -

I Commission's regulations, the following is furnished for consideration by l the Comiss'iIn in, determining whether the information sought to be L withheldfromphblic'disclo$r,e,shouldbewithheld.

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

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~yli) The information is of a type customarily held in confidence by i

.l g\ Westinghouse and not r,ustomarily' disclosed to the public.

, ' Westinghouse has a rational basis for determining the types of

/ information customarily held in confidence by it and, in that

/[1 o connection, utilizes a system to deternine when and whether to E hold certain types of %fonnation in confidence.

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.A Theapplicationofthatsystepandthesubstanceofthatsystem constitutes Westinghouse policy and provides the rational basis gg required.

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.Under'that system, information d's held in confidence if it falls in 'l jone or more of several types, tN release of which might result in the v .p loss of an existing or potential;( competitive advantage, as follows:'

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.i ilfa) . The infornstio}n ,rewels the distinguishing aspects f.

of a process. i

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(or componen.t, structure, tool, methr,d, Jw c';g ,tiere prevention of p '!;. . ,.-

itsiusr/by< any of. Westinghouse's vScapatitpr, . ,> 4 $ M. ;ithout license from

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i s y Wedin9 house constitutes a compeiltiv3 wconomic. advantage over t s j. 1 ' # , ". ~

g other r.bompanies.. 3

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{' 1 d: (b) = It tonsists of supporting 3

data, d.hluding test data, rplNike. to u

1 process (or component,Vstructure, tool, method, etc.),~ the 3\ .i/

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application.of which data secures a competitive!econoel,c g

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.edvantage[a.g., by optimization' or improved marketability. .f

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Its use by a c: etitor would redu is~ expenditure of resourc s J

or. improve hiy competitive position in the design,. manufacture, shipment, insta11stion, assurance of quality, or licensing a t

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similar p'roduct. '

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It reveals cost or price informatid{i, prodiretion capacities, N' . e t Audget'.lavels, 7 7 s or commercial strategies - <

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qurt.mers. or suppliers. s  !

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(a) f{hevealsaspects.ofpast,fresht,orfuturhWestinghouseor

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, 7, evatomer y a _; funded development plans tdd programr. of potential G caynerdial va.lue to Westinghouse. 9

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(g) It1s not the property of Westinghouse, but must be treated as

-f[ prehetary by Westinghouse according to agreunents wit'q the

. owner.

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n)4 e t l There are _ sound policy reasons behind the Westinghouse system-po 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.

Up (b) It is information which is marketable in many ways. The )

extent to which such information is available to competitors l

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diminishes the Westinghouse ability to sell products and services involving the hse of the information.

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,x J (c)' use by our competitor would put Westinghouse at a competitive l

N- , disadvantage by reducing his expenditure of resources at our  !

expense.

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-(d) Each component'of proprietary information. pertinent to a N particular competitive advantage is potentially as valuable f as the total competitive advantage. If competitors acquire  !

components of proprietary information, any one component may e be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

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(e) Unrestricted disclosure would jeopardize the position of J i

prominence of Westinghouse in the world market, and thereby fy give a market advantage to the competition in those countries.

1 (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in -

E obtaining and maintaining a competitive advantage.

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L (iii) The infonnation is being transmitted to the Comission in I confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

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CAW-84-102 (iv) The information sought to'be protected is.not available in public sources to the best of our knowledge and belief.

i (v) The proprietary information sought to be withheld in this submittal is that which ;is appropriately Esrked in WCAP-10489,

" Technical Bases for Eliminating Pressurizer Surge line Ruptures as the Structural Design Bases for South Texas Project," dated February 1984, and " Additional Information - South Texas Surge Line."

The subject information could only be duplicated by competitors if they.were to invest time and effort equivalent to that invested by Westinghouse provided that they have the requisite talent and i experience.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse ,

because it would simplify design and evaluation tasks without requiring a conenensurate investment of time and ' effort. j l

1 Further the deponent sayeth not.

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