ML20244D209

Requests That Encl Proprietary Suppl 1 to WCAP-12151, Addl Info in Support of Assessment of Thermal Stratification for Seabrook Unit 1 Pressurizer Surge Line Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20244D209
Person / Time
Site:	Seabrook
Issue date:	04/07/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19297H576	List: ML20244D203 ML20244D209 ML20245B875
References
CAW-89-053, CAW-89-53, NUDOCS 8904210208
Download: ML20244D209 (12)

Text

_ _ _ _ _ _ -

4 p ,

Westinghouse Energy Systems BysyEn Pennspvana 15230 0355 Electric Corporation April 7, 1989 CAW-89-053

'Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP-12151 Supplement 1 entitled: " Additional Information in Support of the Assessment of Thermal Stratification for the Seabrook Surge Line"

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Public Service Company of New Hampshire is further identified in an affidavit signed by the owner of the proprietary information, l Westinghouse Electric Corporation. The affidavit, which accompanies this i 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.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-88-129.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Public Service Company of New Hampshire.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-053, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION 8904210208 890410 '

, /

PDR ADDCK 05000443 -

Q PNU V-

/

Robert A. Wies mann, Manager Regulatory & Legislative Affairs -

/kk Enclosures cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC

i

! l C

I ATTACHMENT TO NAH-89-3465 l

Public Service of New Hampshire {

Letter for Transmittal to the.NRC l Enclosed are:

1. 10 copies'of'WCAP-12151 Supplement 1' entitled " Additional I Information in Support of Assessment of Thermal Stratification for the Seabrook Surge Line" (Proprietary).

2. 10 copies of WCAP-12152 Supplement 1 entitled " Additional' Information in Support of Assessment of Thermal Stratification for the Seabrook Surge Line" (Non-Proprietary).

Also. enclosed is a Westinghouse authorization ~1etter,. CAW-89-053, Proprietary'Information Notice, and accompanying Affidavit.

THE FOLLOWING PARAGRAPHS SHOULD BE INCLUDED IN YOUR LETTER TO THE NRC.

As. item 1 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 of which the information may be withheld from public disclosure by the Commission 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-89-053 and should be addressed to R. A. Wiesemann, Manager of

- Regulatory & Legislative Affairs, Westinghouse Electric Corporation, P.O.

-Box.355, Pittsburgh, Pennsylvania 15230-0355.

l

-. . j

. 1 9

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R 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 6

HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 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 HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(I).

4

f CAk-88-129 AFFIDAVIT STATE OF CALIFORNIA:

ss COUNTY OF SAN FRANCISCO:

Before me, the undersigned authority, personally appeared Robert A. Miesemann, 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 know1' edge, information, and belief:

- 11/A1/1./ J

] -

Robert A. Miesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this I ' day of d o, M u , 1988.

\@eMak I

/

M __

Notary Public i

i

2- CAW-88-129 (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 connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.

(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 accompanying this Affidavit.

(3) I hav'e personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear fuel, and Power Generation Business Units 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 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the information sought to be withheld from public discissure should be withheld.

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

~*

CAW 88-129 (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.

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.

It consists of supporting data, including test data, (b) 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. .

l

o

-4 CAW 88 129 (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 capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers. i (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:

(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.

l l

~

i l

CAW-88-129 4

(b) It is information which is marketable in many w'ys. a 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. 1 (d) Each component of proprietary information pertinent to a

_ particular competitive advantage is potentially as valuable 1 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 diselosure 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.

I 1

1 0

4

i I

l

~

)

l

' ' ~

• - j 1

CAW-88-129 J 1

1 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in cor.fidence by the Commission.

(iv) The information sought to be protected is not avat?able 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 " South Texas Units 1 and 2, Pressurizer Surge Line and Residual Heat Removal Line Stratification", WCAP-12067, (Proprietary), for South Texas Projects Units I and 2, being transmitted by the Houston Lighting and Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, M. A. McBurnett.

Manager, Operations Support Licensing, HL&P, to NRC ,

Document Control desk, attention Dr. Thomas Murley, December, 1988. The proprietary information as submitted for use by Houston Lighting and Power Company for the South

~

Texas Project is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the integrity of the pressurizer surge line for its design life under thermal stratification conditions.

CAW-88-129 This information is part or that which will enable Westinghouse to:

(a) Provide documentation of the analyses and methodology used in the evaluation of the thermal stratification phenomenon.

(b) Establish revised design transients for the pressurizer surge line based on plant monitoring data and Westinghouse test programs.

(c) Demonstrate the structural integrity of tt.e pressurizer surge line for the 40 year design life, and the acceptability of leak before break and fatigue crack growth, under thermai stratification conditions.

(d) Demonstrate the low likelihood of stratification in the RHR lines, and the integrity of these lines in the ,

event such a condition did exist.

(e) Assist the customer in obtaining NRC approval.

Further this information has substantial commercial value as follewir (a) Westinghouse plans to sell the use of similar ,

information to its customers for purposes of demonstrating adequate design life for surge lines and RHR lines.

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

1 l

CAW-88-129 Public disclosure of this proprietary information is likely to cause substantial ham to the competitive position of Westinghouse because it would enhance the ability of  ;

ccmoetitors to provide similar analytical documentation and i licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchssing 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 the development, verification, and licensing of adequate methods for evaluation of this phenomenon.

Further the deponent sayeth not.  !

l 1 \

l ,

h i

l .

s -

Enclosure 2 to NYN-89037 WCAP-12152 Supplement 1

)

l

_ - _ _ - - _ _ . - - - _ _ - _ _ _ . _ _ _ _ _ - _