ML20237J844

Requests That Proprietary WCAP-11531, Addl Info in Support of Elimination of Postulated Pipe Ruptures in Pressurizer Surge Line of Vogtle Unit 2, Be Withheld (Ref 10CFR2.790)

ML20237J844
Person / Time
Site:	Vogtle
Issue date:	08/17/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H701	List: ML20237J802 ML20237J844 ML20237J871
References
CAW-87-075, CAW-87-75, NUDOCS 8708260338
Download: ML20237J844 (7)

Text

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Westinghouse Electric Corporation Power Systems geygny Box 355 Pittsbutgh PennsyNama 15230 0355 August 17, 1987 CAW-87-075 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:

" Additional Information in Support of the Elimination of Postulated Pipe Ruptures in the Pressurizer Surge Line of Vogtle Unit 2."

Dear Dr. Murley:

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

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.

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-87-075 and should be addressed to the undersigned.

Ver uly yours, 8700260338 070819 PDR ADOCK 05000425 ,

A PDR 1 t A. Wi,esemann, Manager

/dmr egulatory & legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq.

Office of the General Council, NRC

PROPRIETARY IFORMATION WOTICE TRANSK"TTED HDEWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY YERSI,0NS W D0QJMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUDTS FUR GEERIC AND/OR PLANT SPECIFIC REVIEW AND APPRWAL.

IN ORDER 70 C0hTORM TO THE REQURDENTS E 10CFR2.790 CF THE COMMISSION'S REGULATIONS CONCERNEG THE PR:frECTION 7 PROPRIETARY IFORMATION 50 SUBMITTED TO THE WRC, THE IEDRMATION WHICH IS PROPRETARY IN THE PROPRIETARY YERSIONS IS CONTAING WITHIN BRACKDS AND WHERE THE PROPRETARY IFORMATION BAS BEEN DII.ETD IN THE NON-PROPRIETARY VDSIONS OC.Y THE BRACKETS RDEIN, THE -

INFORMATION THAT WAS CONTAINED WITHIN THE BRACKEIS D THE PROPRIETARY VERSIONS EAV33 BEM DII.ETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION 30 DESIGNATD AS PROPRETARY IS INDICATED IN 30TH VERSIONS BY MEANS. & LOWD CASE LDTERS (a) THROUGH (g) CONTAING WITH3 PARDi1MISES LOCATE AS A EFERSCRIPT.

IMMEDIATELY FOLLOWING THE BRACKETS DiCI,05ING EACH ITEM QF IEDRMATION BEING

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IDENTIFED AS PROPRETARY OR D THE MARGIN OPPOSITE ECH INFORMATION. TH5E LtWD CASE LETTERS REFER TO THE TYPES & INFORMATION WESTINGHOUSE CUSTOMARILY HUS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE ATTIDAVIT ACCOMPAmHG THIS TRANSMITTAL PURSUANT to 10CFR2.790(b)(1).

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CAW-84-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo ,

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:

G wC ' ::

Joh D. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed before me this 2.lf day

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CAW-84-102 l

(1) I am Assistant Manager, Nuclear Safety Department, in thel Nuclear- 1 Technology Division, of Westinghouse Electric Corporation'and as such, I have been specifically delegated the function of reviewing the l proprietary information sought to be withheld f rom public disclosure in connection with nuclear power plant licensing or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

l (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 accompany 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 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 l withheld from public disclosure should be withheld.

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

(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 I 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 system constitutes Westinghouse policy and provides the. rational' basis required.

i HFC/0162n/11-20-84

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C AW-84-102 1

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:

(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 process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic j 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, instMlation, 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 j customers or suppliers.

, i (e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential conrnercial value to Westinghouse.

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

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

HFC/0162n/11-20-84 i

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C AW-84-102 There are sound policy reasons behind the Westinghouse system

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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 l Westinghouse competitive position.

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

extent to which such information is available to competitors i 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 l disadvantage by reducing his expenditure of resources at our  !

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expense.

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1 (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 coraponent may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of

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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.

(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 Commission. i i

HFC/0162n/11-20-84

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CAW-84-102 (iv) The information sought'to'be protected is not available in public sour:es 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 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 l Westinghouse provided that they have the requisite talent and experience.

Public disclosure of this information is.likely to cause i

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substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without' t requiring a commensurate investment of time and effort. '

Further the deponent sayeth not.

l HFC/0162n/11-20-84

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