ML20236T001

Requests That Proprietary Rept Entitled Point Beach Unit 2 Steam Generator Tube Fatigue Presentation Be Withheld from Public Disclosure (Ref 10CFR2.790(b)(4)).Affidavit Encl

ML20236T001
Person / Time
Site:	Point Beach
Issue date:	11/20/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19302D102	List: ML20236S986 ML20236T001 ML20236T010
References
CAW-81-79, CAW-87-118, NUDOCS 8711300227
Download: ML20236T001 (10)

Text

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i CAW-87-118'

~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:

- Point Beach Unit 2' Steam Generator Tube Fatigue Presentation

Dear Dr. Murley:

The proprietary.information for which withholding is being requested in the enclosed letter by. Wisconsin Electric. 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-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 required is of the same

, technical type as that proprietary material previously submitted as Affidavit.

CAW-81-079 Accordingly, this letter authorizes the utilization of the accompanying affidavit by Wisconsin Electric Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-118, and should be addressed to the undersigned.

Ver ruly yours, ,

ck (MLitt4L Robert A. Wiesemann, Manager j Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC W

s, s PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUVENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE. COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY 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 IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR~IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLM IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFB2.790(b)(1).

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CAW-81-79 AFFIDAVIT CO E NWEALTH 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 everments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

644 Robert A. Wiesemann, Manager Regulatory and Legislative Affairs ,

l Sworn to and subscribed  !

before me this m day of Dm/m 1981.  ;

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- (1) I am Manager. Regulatory and t.egislative Affairs, in the Nuclear -l 1

Technology Division, of Westinghouse Electric Corporation and as such.j! 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 Westinghouse Water Reactor Divisions. J l

'(2) 'I am making this Affidavit in conformance with the provisions of 10CFR Sectior. 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 comercial or financial infomation.

(4) Pursuanttotheprovisionsofparagraph(b)(4)ofSection2.790 of the Commission's' regulations, the following is furnished for i consideration by the Comission in detemining whether the in-formation sought to be withheld from public disclosure should be withheld.

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

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3 (ii)_ The infomation is of a type customarily held in confidence I

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

• I that. connection, utilizes a system to detemine when and l 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 .J might result in the loss of an existing or potential com- .l petitive advantage', as follows:

(a) The information reveals the distinguishing aspects of l a process (or component, structure, tool, method, etc.) i where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-tutes a competitive economic advantage over other

. companies.

(b) It consists of supporting data, including test data, relativetoaprocess(orcomponent, 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 infomation, production cap-acities, budget levels, or comercial 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- j grams _ of potential comercial 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 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 such information by Westinghouse gives Westinghouse a competitive advantage over its com- l petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is. infonnation which is marketable in 'many ways.

The extent to which such infonnation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the l infonnation.

i (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 infor-mation, any one component may be the key to the entire puzzle thereby depriving Westinghouse of a competitive j advantage. l (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 (iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The information sought to be protected is not available in public sources or available infonnation has not been pre-viously employed in the same ori.ginal 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 " Steam ,

Generator Tube Plugging Margin Analysis" for the Virgil C.

Summer Nuclear Power Plant Unit No.1. WCAP-9912. Revi-sion2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company letter Application for Withholding 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 infonnation 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) Establish the minimum wall thickness in compliance with l

Regulatory Guide 1.121.

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

(d) Establish the maximum allowable leakage in support of  !

the leak-before-break criteria. i (e) Assist the customer to obtain NRC approval. i Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell similar information to its customers for purposes of meeting NRC requirements for licensing documentation. i (b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

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-

- vide similar analytical documentation and licensing defense l services for comercial power reactors without commensurate 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 l right to use the information. j l  !

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i g- l The development'of the technology described in,part b;' the ,

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informationf is the result of applying the results'of many '

years of experience in an intensive Westinghouse effort s t 1- 4 and the expenditure of a considerable sum of money. " ]

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In order for competitors +f Westinghouse to duplicate this informati'>n, similar technical programs would hs e tp be performed and.E significant manpower effort, havisi; the i j ..t. L.7 '

requisite talent and experience, would have to be expended .s for system design software development. ' n

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