ML20245F232
| ML20245F232 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 04/03/1989 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297H609 | List: |
| References | |
| CAW-89-057, CAW-89-57, NUDOCS 8905020307 | |
| Download: ML20245F232 (10) | |
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Westingh0USe Energy Systems
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- Electric Corporation un I gy he Box 355 Pmsburgh Pennsylvania 15230 0355 April 3, 1989 CAW-09-057 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICA1 ION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
NRC Update Meeting South Texas BMI Flux Thimble Wear December 1988; Transmittal of WCAP-12164 (P) and WCAP-12165 (NP)
Dear Dr. Murley:
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l The proprietary information for which withholding is being requested in I
the enclosed letter by Houston Lighting and Power Company is further identified in Affidavit AW-89-036 signed by the owner of the proprietary i
information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may j
be withheld from public disclosure by the Commission and addresses with i
specificity the considerations listed in paragraph (b)(4) of 10CFR
^ection 2.790 of the Commission's regulations.
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Accordingly, this letter authorizes the utilization of the accompanying affidavit by Houston Lighting and Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-057, and should be addressed to the undersigned.
Very trul yours, k
YobertA.Wiesemann, Manager Regulatory & Legislative Affairs inclosures cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8905020307 890423 PDR ADOCK 0500 499 G
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THESE L5in CASE LE!TES REFID 10 THE 1775 & IROMTION WDTINGH NUS 3 CONFIDENCE DDTIFIED IN ECTIONS (4)(ii)(a) thrtmsh (4)(11)(g) 0 AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PUR3DET 1 i
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AW 89 036
&ETIDAVIT COMMONWEALTH OF PENNSYLVANIA:
.ss COUNTY OF ALLE9fENY:
l Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly worn according to law, deposes and says that he is authorized to execute this Affidevit 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:
A hr Z d LOMwu Robert A. Wiesemann, Manager Regulatory and Legislative Affairs
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Sworn to and subscribed before me this d" day of Wir t c4L,1989.
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, & f a Y. )Il.. k d N.a Notary Public NowA ste LoRRAfNEM P PICA, NOTARY *JEC McNRCECE Boro.ELEGHENYCovNTY uYO&u?!CNEX8Al$DIO W.1991 Metber Ps,r. yNena ktor.a* sf'W44
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- )' AW 89-036 o
1 (1) I hm Manager, Regulatory a'nd Legis1' tive Affairs, in the Nuclear '
a 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 j
withheld from public disclosure in connection with nuclear poter j
plant licensing and rulemaking proceedings, and anlauthorized to i
app'fy for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.
.(2) I am making this Affidavit in confomance efith the provisions of 10CFR Section 2.790 of the Comission's regulations and in l
conjunction with the Westinghouse application for withholding
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accompanying this Affidavit.
(3) I have personal knowledge of the crittria. and procedures' utilized'by the Westinghouse En?cgy Systems, Nuclear Fuel, and Power Generation'
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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 2.7go'of l
the Comirsion's regulations, the following is-furnished for consideration by the Comission in determining whether the information sought to.be withheld from public disclosure should be withheld.
i (1) The information sought f. So withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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. AW-89-036 I
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i (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
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Westinghouse has a rational. basis for determining the types of information customarily held in confidence by it and, in that 1
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 1
constitutes Westinghouse policy and provides the rational basis required.
i Under that system, information is held in confidence if it falls in one or more of several types, the release of which t - St i
' 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 l
economic advantage over other companies.
l (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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..aW-89-036 (c) Its use by a competitor would' red 0ce 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 information, production capacities, budget levels, or commercial 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
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the owner.
There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of suc'n information by Westinghouse gives Westinghouse a competitive advantage over its competitors, j
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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a d AW-89-036 (b)
It is information which is marketable in many ways. The extent to which such information 1s available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
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 information, any one component I
may be the key to the entire puzzle, thereby depriving l
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.
i (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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-6 AW-89 036
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.(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.
(iv)
The infomation sought to be protected is not available 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
' Westinghouse Owners Group Bottom Mounted Instrumentation ProgramJanuary1989",WCAP-12156,(Proprietary),being transmitted by Westinghouse Electric Corporation-(W) letter 4
NS-NRC-89-3416 and Application for Withholding Proprietary
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Information from Public Disclosure, W. J. Johnson, Manager i
of Nuclear Safety Department, E, to NRC Document Control Desk, attention of Dr. Thomas E kv.. The proprietary information as submitted for use i.. the NRC who requested the material relative to BMI for t3 d
familiarization with Westinghouse's approach to the BMI issue.
This information is part or that which will enable Westinghouse to:
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. AW-89 036 l
(a) Establish criteria for accurately measuring, j
predicting, and dealing with BMI thimble tube wear
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from a maintenance aspect:
( i) to respond to NRC concerns (11) to assist M0G utilities in meeting Technical
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Bulletin 88-09 requirements, which include the establishment of' an appropriate thimble wear J
acceptance criterion, appropriate inspection i
frequency and the methodology for adequately i
detecting wear of thimble tubes.
(iii) to prevent forced plant outages due to thimble leaks by taking corre:tive actions such as isolation or replacement of a thimble tube (s).
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t Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of designing reactor cores and meeting generic NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense of the design features and technology to its customers.
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i AW 89-036 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
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competitors to provide siellar advanced fuel design and licensing defense ~ services for commercial power reactors l
without commensurate expenses. Also, public disclosure of j
the information would enable others to use the information-to meet NRC requirements for licensing documentation l
without purchasing the right to use'the information.
j The development of the technology described in part by the l
information is the result of applying the results of many I
years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
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In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be--
performed.and a significant manpowcr effort, having the t
i requisite talent and experience, would have to be expended for developing and licensing the technology.
Further the deponent saysth not, I
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