ML20245K708
| ML20245K708 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 05/02/1989 |
| From: | Swenson W Office of Nuclear Reactor Regulation |
| To: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| References | |
| NUDOCS 8905050140 | |
| Download: ML20245K708 (6) | |
Text
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May 2, 1989
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Docket.No. 50-301 DISTRIBUTION:
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Mr. Robert A. Wiesemann NRC^&' Local PDRs' Regulatory & Legislative Affairs PDIII-3 r/f Westinghouse Electric Corporation JHannon P.O. Box 355 MVirgilio Pittsburgh, Pennsylvania 15230-0355 PKreutzer FM.
BKildee, OGC EJordan JPartlow Dear Mr. Wiesemann PDIII-3 Gray Files
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your application dated February 1,1989 and affidavit dated January 26, 1989 you submitted the Westinghouse report, " Evaluation of Steam Generator i
Tubing Anomalous Height Tube Roll Transitions," for the Point Beach Nuclear Power Plant, Unit 2, WCAP 12085, January 1989, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.
Wisconsin Electric Power Company's letter dated February 15, 1989 transmitted your letter and affidavit. Westinghouse stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
"(1)
The information sought to be withheld from public disclosure is owned and has been held in confidence J
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 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 DFoi 8905050140 890502 PDR ADOCK 05000301 i
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. Mr. Robert A. Wiesemann I a
license from Westinghouse constitutes a competitive-economic advantage over other companies.
"(b)
It consists of supporting data, including test data, relative to a )rocess (or component, structure, tool, met 1od,etc.),theapplication i
of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
"(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 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 consercial 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.
F "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, therefora, withheld from disclosure to protect the Westinghouse competitive position.
"(b)
It is information 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, i
"(c)
Use by our competitor would put Westinghouse i
b Mr. Robert A. Wiesemann.
L at a competitive disadvantage by reducing his expenditure of resources at our expense.
l
"(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 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.
"(iii) The-information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.
"(iv)
The information 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.
y
"(v)
The proprietary information sought to be withheld in this submittal is that which is' appropriately marked in " Steam t
Generator Tubing Anomalous Height Tube Roll Transitions" for T
the Point Beach Nuclear Fower Plant Unit 2. WCAP 12085, being transmitted by Wisconsin Electric Power Company (WEP) letter and Application for Withholding Proprietary Information from Public Disclosure, from C. W. Fay, Vice President.
Nuclear Power, WEP, to NRC Document Control Desk, Attention l
Warren Swenson, February 1989. The proprietary information as submitted for use by Wisconsin Electric Power Company for Point Beach Unit 2, may be applicable in other license submittals in response to certain NRC requirements.
'"This information is part or [ sic] that which enable Westing-
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house to:
s.
Mr. Robert A. Wiesemann -
"(a)
Provide documentation of the analyses,for verifying
- methods, acceptance criteria, and testing used process parameters utilized to install sleeves and plugs in steam generator tubes with anomalous roll expansion heights.
"(b)
Provide a description of the tube sleeve and plug installation tooling and qualification process.
"(c)
Demonstrate structural integrity of tubes with anomalous tube roll expansion heights.
"(d)
Demonstrate no adverse impact on safety analyses and operation due to use of sleeves and plugs in tubes with anomalous roll expansion heights.
"(e)
Assist the customer to obtain NRC approval.
"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 meeting NRC requirements for licensing documentation.
)
"(b)
Westingkuse can sell support and defense of the technology to its customers in the licensing process.
"Public disclosure of this proprietary information is I
likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical t
documentation and licensing defense' services for com-mercial power reactors without commensurate expenses, Also, public disclosure of the information would enable s-f 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 o# applying the results 3
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 system design and performing tests and evaluations."
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Mr. Robert A. Wiesemann -
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of Westinghouse's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercia? information.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.
If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.
You should also understand that the NRC may have cause to review this determination in the future, for example if the scope of a Freedom of Information Act request includes your information.
In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
Sincerely,
/s/
Warren H. Swenson, Project Manager Project Directorate III-3 Division of Reactor Projects - III, IV, V and Special Projects Office of Nuclear Reactor Regulation cc: See next page 5(dB OGC QT./
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Mr. Robert A. Wiesemann Westinghouse Electric Corporation cc:
Mr. C. W. Fay, Vice President Nuclear Power Department Wisconsin Electric Power Company 231 W. Michigan Street, Room 308 Milwaukee, Wisconsin 53201 Mr. Bruce Churchill, Esq.
Shaw, Pittman, Potts and Trowbridge 2300 h Street, N.W.
Washington, DC 20037 Mr. James J. Zach, Manager Point Beach Nuclear Plant Wisconsin Electric Power Company 6610 Nuclear Road Two Rivers, Wisconsin 54241 Town Chairman Town of Two Creeks Route 3
.Two Rivers, Wisconsin 54241 Chairman Public Service Connission of Wisconsin Hills Farms State Office Building Madison, Wisconsin 53702 Regional Administrator, Region III U.S. Nuclear Regulatory Comission Office of Executive Director
.a for Operations e
799 Roosevelt Road Glen Ellyn, Illinois 60137 Resident Inspector's Office i
U.S. Nuclear Regulatory Commission 6612 Nuclear Road Two Rivers, Wisconsin 54241 J