ML20236S073

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Requests That Proprietary Suppl 2 to WCAP-11317, Verification of Fracture Mechanics Analysis Techniques Used in Support of Technical Justification for Eliminating Large Primary Loop Pipe Rupture..., Be Withheld Per 10CFR2.790
ML20236S073
Person / Time
Site: Beaver Valley
Issue date: 11/06/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19302D091 List:
References
CAW-87-115, NUDOCS 8711240204
Download: ML20236S073 (7)
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Text

{{#Wiki_filter:__ _ y . L l 1 November 6, 1987 , CAW-87-115 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Conrnission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP's-11317 Supplement 2 (Proprietary Class 2) and 11318 1 Supplement 2 (Non-Proprietary Class 3) entitled, " verification of l Fracture Mechanics Analysis Techniques Used in Support of Technical Bases for Ruling Out Large Primary Irop Pipe Rupture as the Structure Design Basis for Beaver Valley Unit 1."

Dear D . 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 information 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. 

        'Ihe 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. Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-115, and should be addressed to the undersigned. Very truly yours, 8711240204 871110 DR ADDCK 050 4 M Ro et A. Wiesemann, Manager 

        /dmr                                             >gulatory & Legislative Affairs Enclosure (s) oc:      E. C. Shomaker, Esq.

Office of the General Council. NRC

i. ATTACHMENT IXJQUES!'E LIGHT COMPANY Letter for Transmittal to the NRC Enclosed are:

1. Fifteen (15) copies of WCAP-11317 Supplement 2 entitled, " Verification of Fracture Mechanics Analysis Techniques Used in Support of Technical Bases fbr Ruling Out Large Primary Loop Pipe Rupture as the Structural Ihsign Basis for Beaver Valley Unit 1."
2. Fifteen (15) copies of WCAP-11318 Supplement 2 entitled, " verification of Fracture Mechanics Analysis Techniques Used in Support of Technical Bases fbr Ruling Out Large Primary Loop Pipe Rupture as the Structural Design Basis for
                                           ' Beaver Valley Unit 1."

Also enclosed is a Westinghouse Application For Withholding, CAW-87-115, Accompanying Affidavit, and Proprietary Information Notice. As this submittal contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit sets forth the basis on which the infomation may be withheld from public disclosure by the Cmmission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations. Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the commission's regulations. Correspondence with respect to the  ! proprietary aspects of the Application for Withholding or the supporting Westinghouse affidavit should reference CAW-87-115 and should be addressed to R. A. Wiesemann, Manager Regulatory and Legislative Affhirs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230. I 1 l l

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                       ,7-PROPRIETARY INFORMATION NOTICE h          : ,
  • TRANSHITTD HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETA l
DOCUMEh73 FURNISHD TO DE NRC IN CONNECTION WITH EQU5l I

PLAh7 SPECIFIC REVIEW AND APPROVAL. p 's ' 4 

                                 . IN ORDER TO CONFORM 1D THE REUIREMENI3 0F 10CFR2 790 W THE U

RIDULATIONS CONCERNING THE PROTECTION & PROPRIETARY IN TO THE NRC, THE INFORMTION WHICH IS PROPRIETARY IN THE PROPRIETARY Y CONTAIND WITHIN BMCKETS AND WHERE THE PROPRIETARY INFORETI * 

                              ,  DELETD IN THE NON-PROPRIETARY VDSIONS OLY THE SMcKETS REMIN, THE  -

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                                . INFORMTION THAT WAS CONTAINED WITHIN THE SMD275 IN THE P i                   HAVIN3 BEIN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORM DESIGNATED AS PROPRIETARY IS ICICATD IN B0!H VERSIONS BY M LEITERS (a) THROUGH (g) Coh7AING WITHIN PAREhT!ISES LOCATED AS A SUPERSCR      !

IMMEDIATELY FM. LOWING THE BMcKETS IN!I.05ING EACH ITEM OF INql DENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE 1HDESUDI INFORM 

                              ' LOiD CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTI HUS IN CONFIDENCE DEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(11)(g) 0F THE AFFIDAVIT ACCOMPAh7ING THIS TRANSMITTAL PURSUAh7 TO 10CFR2 l

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COMI'.0NWEALTH OF PENNSYLVAlilA: ss l j K - COUNTY OF ALLEGHENY: s 

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Before me, the undersigned authority, personally appetred Jo 

                                            ?being.by me duly. sworn according to law, deposes and says that                                  ;

authorized to execute this Affidavit on behalf of forth Westinghouse in this Elec Corporation (" Westinghouse").and that the averments of fact set j Affidavit are true and correct to the best of his knowledge, infol i 

                                             ' belief:                                                              .

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  • h D. McAdoo, Assitt1 Int Manager Nuclear Safety Department i

g. L l: Sworn to and subscribed before me this g day 

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CAW-83-80 t t (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Tech logy Division, of Westinghouse Efectric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought te be withheld from public disclosure in connection } with nuclear power plant licensing or rule-making proceedings, and as } authorized to apply for its withholding on behalf of the Westinghouse l Water Reactor Divisions. (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit. f (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a t secret, privileged or as confidential connercial or financial information. l (b)(4) of Section 2.790 of the (4) l 

                        , Pursuant to the provisions of paragraphComission's reg the Comission in determining whether the infomation sought to be with- l held from public disclosure should be withheld.

(f) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse. The information is of a type customarily held in confidence by (11) Westinghouse and not customarily disclosed to the public. Westing-house has a rational basis for determining the types cf information customarily held in confidence by it and, in that connection, citifizes 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 provid the rational basis required.

5055Q:1D/092683 

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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: j (a) The-information reveals the distinguishing aspects of a process 

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(or component, structure, tool, method, etc.) where prevention I 

                                        .of.its use by any of Westinghouse's competitors without Ifcense from Westinghouse constitutes a competitive economic advantage                               >
                                        .over other companies.

(b) It-consists of supporting data, including test data, relative to 

                                         . a process (or cosponent, structure, tool, method, etc.), the
 "                                        application of which data secures a competitive economic advan-tage, e.g., by optimization or fepraed marketability.
 '                                  (c) 'Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position _ in the design, manuf ac-ture, shipment, installation, assurance of quality, or licensing a similar product.
                                   -(d)

It reveals cost or price inforniation, production capacities, budget levels, or. coanercial 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 connercial value to Westinghouse. 

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

desirable. e . 9 5055Q:1D/002683 

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5i + CAW-83 + ' 7 '(g) It is.not the property of Westinghouse, but~ sust be , treated as proprietary by Westinghouse according to agreements with the 

 .[^                               owner.

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

          .             (a) The use of information by Westinghouse gives Westinghouse a

!. competitive advantage over its competitors. It is, therefore, 

      #                            withheld from disclosure to protect the Westinghouse competitive

( position. j (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 4 the use of the information. ' -(c) Use by our competitor would put Westinghouse at a competitive ) j disadvantage by reducing his expenditure of resources at our l expense. o (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 of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage. , (e) Unrestricted disclosure would jeopardize the position of promi-pence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries. , 5055Q:1D/092683 = = _ _ _ _ _ _}}

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