ML20244B703

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Requests That Rev 1 to North Anna Unit 1 890225 Steam Generator Leak Event Rept Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20244B703
Person / Time
Site: North Anna Dominion icon.png
Issue date: 05/23/1989
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19312B228 List:
References
CAW-89-073, CAW-89-73, NUDOCS 8906130225
Download: ML20244B703 (10)


Text

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Westinghouse Energy Systems e :S *aned Electric Corporation '""" ' " U" 8' "

Box 355 PittsDurgh Pennsylvania 15230 0355 May 23, 1989

. CAW-89-073 Dr. Thomas Murley, Director Office of Nuclear Reactor Regu.1 0 tion U.S. Nuclear Regulatory Commission Wcshington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

North Anna Unit 1, Steam Generator Leak Event Report, Revision 1 Daar Dr. Murley:

The proprietary information for which withholding is being requested in the. enclosed letter by Virginia, Electric and Power Company is further identified in Affidavit AW-89-054 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 ba 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 cs Affidavit AW-89-054.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Virginia Electric and Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this 1ctter, CAW-89-073, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION '

[ W Robert A. Wiesemann, Manager Regulatory & Legislative Affairs _

~ Enclosures cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 8906130225 890607 PDR ADOCK 05000338 S PDC

4 PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON PROPRIETARY VER$10NS OF DOCUMENTS FURNISHED TO THE WRC IN CONNECTION WITH REQUESTS FOR GENERIC A PLANT SPECIFIC REVIEW AND APPROVAL.

i IN ORDER 70 CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COPHISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMI TO THE NRC. THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS B DELETED IN THE NON PROPRIETARY VERSIONS ONLY THE BRACKETS REMIAN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VE HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION 50 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOW LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM 0F INFORMATION IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. T LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CU HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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4 AW-89-054 AFFIDAVIT CO N 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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief: .

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4 0 C L'll M 1 0< j Robert A. Wiesemann, Manager Regulatory and L2gislative Affairs Sworn to and subscribed before me this /d # day 1 of O hll' ,1989.

f 5 e a N'i- 4 cG Notary Public i

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2 AW-89-054 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be '

withheld from public disclosure in connsction with nuclear power plant licensing and rulemaking proceedings, and as authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(2) I am making this Affidavit in confomance with the provisions of 10CFR Section 2.7g0 of the Comission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

.(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential comercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of the Comission's regulations, the following is furnished for consideration by the Comission in detemining whether the information sought to be withheld from public disclosure should be withheld.

(i) The.information sousht to be withheld from public disclosure is owned and has been held in confidence by We'stinghouse.

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AW-89-054 (ii) The information is of a type customarily held in confidence by Westinghouse and n'ot customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of f information customarily held in confidence by it and, in that 1

connection, utilizes a cystem 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.

l 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: -

3 (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 a process (or component, 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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-4 AW 89-054 (c) Its use by a competitor would reduce his expenditure of r sources 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 information, production capacities, budget levels, or comercial 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 commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection 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:

l (a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors.

l It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is infomation 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 the use of the information.

(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 infomation pertinent to a particular 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 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 of 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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AW-89-054 (iii) The infomation is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission. .

(iv) The infomation sought to be protected is not availe.ble in public sources or available information has not been previously employed in the same original 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 Plug Issue Presentation Material,"

WCAP-12238 (Proprietary), for generic application to all Westinghouse designed plants in which Westinghouse stea'm generator. tube plugs have been installed, being transmitted by Westinghouse Electric Company letter and Application for Withholding Proprietary Information from Public Disclosure, W. J. Johnson, Manager of Nuclear Safety Department, (W),

to NRC Document Control Desk, Attention W. Swinson, dated April, 1989. The proprietary information is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of actions required to address the occurrence of primary water stress corrosion cracking in steam generator tube plugs.

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AW-29-054 This infomation is part of that which will enable Westinghouse to:

(a) Provide documentation of analyses, materials, and testing used to detemine the safety significance of -

the occurrence of PWSCC in all types of Westinghouse steam generator tube plugs.

(b) Establish the North Anna Unit 1 plug top release mechanism and to identify the potential for future' occurrences.

(c) Provide documentation of Alloy 600 mechanical plug laboratory corrosion' test results. .

(d) Provide documentation of Alloy 600 mechanical, explosive, and welded plug field experience which includes destructive examination results of several mechanical plugs removed from service.

(e) Establish the Westinghouse Action Plan to repair and replace mechanical plugs which may experience PWSCC.

Further this information has substantial comercial value as follows:

(a) Westinghouse plans to sell the use of similar

) information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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, AW-89-054 Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of.  !

I Westinghouse because it would enhance the ability of

. competitors to provide sistlar analytical documentation and licensing defense services for commercial power reactors I

without commensurate expenses. Also,' public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing tests.

Further the deponent sayeth not.

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