ML20246B667

Requests That Proprietary WCAP-12289, Sequoyah Unit 1 & Unit 2 Evaluation for Tube Vibration Induced Fatigue, Be Withheld,Per 10CFR2.790(b)(4)

ML20246B667
Person / Time
Site:	Sequoyah
Issue date:	06/05/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19312B340	List: ML20246B658 ML20246B667 ML20246B683
References
CAW-89-075, CAW-89-75, NUDOCS 8907100053
Download: ML20246B667 (10)

Text

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. Westinghouse Energy Systems Nuclear and Advanced I'Ch" ' D *8' "

Electric Corporation Box 355 Pittsburgh Pennsylvania 15230 0355 June 5, 1989 CAW-89-075 Mr. 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:

Evaluation for Tube Vibration Induced Fatigue (WCAPs 12289 and 12290)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Tennessee Valley Authority is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Ele,ctric Corporation. The affidavit, which accompanies this letter, sets fu th 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 regulation.

The proprietary material for which withholding is being required is of the same technical type as that-proprietary material previously submitted as Affidavit CAW-88-124.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-075 and should be addressed to the undersigned.

Very truly yours, WESTl GHOUSE ELECTRIC CORPORATION 1

I NfMU 8907100053 890705 PDR ADOCK 05000327 Robert A. Wiesemann, Manager o

PDC Regulatory & Legislative Affairs

/mit Enclosures cc:

E. C. Shomaker, Esq.

. Office of the General Counsel, NRC 0713M:LVT:060589

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/or plant specific review and approval, I

In order to confom to the requirements of 10CFR2.790 of the Commission's regulations concerning the protection of proprietary infomaticn so submitted to the NRC, the infomation which is proprietary in the proprietary versions is contained within brackets and where the proprietary infomation has been deleted in the non-proprietary versions only the brackets remain, the information that was contained within the brackets in the proprietary versions having been deleted. The justification for claiming the information so dcsignated 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. 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) of the affidavit accompanying this transmittal pursuant to 10CFR2.790(b)(1).

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CAW-88-124-AFFIDAVIT COPHONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

'l 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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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this /Nay of /$ M,

1988.

c 8 m El f Notary Public NOTAR:AL SEAL i

LORRAINEW PlPLCANoiARYPUBLiC IOiROEVILLE DoRO, ALLE3HENYCOUNTY l

WYCoMMISECN EXPJAES DEO 14. m1 Wembw.Penr*6'and Am4%nd?:A ;

. CAW-88-124 l

.(1)

I. am Manager, Regulatory and Legislat've 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 Generat; ion 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 have personal knowledge of the criteria and procedures utilized by i

the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units 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 j

the Comission's regulations, the following is furnished for I

consideration by the Comission in determining whether the information sought to be withheld from public disclosure should be withheld.

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(i) The information sought to be withheld from public disclosure is j

owned and has been held in confidence by Westinghouse.

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. CAW-88-124 l

1 (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 infomation customarily held in confidence by it at d, 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 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:

i (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 i

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.

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method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improveo marketability.

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. CAW-88-124 1

(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 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.

i There are sound policy reasons behind the Westinghouse system which include the following:

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

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

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CAW-88-124 i i (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.

l (c) Use by our competitor would put Westinghouse at a i

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 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 apon the success in 4

obtaining and maintaining a competitive advantage, i

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-6 CAW-88 124 i

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(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 confidence by the Commission.

s (iv)

The information s9ught to be protected is not available in public sources or available information has not been

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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 " Point Beach Unit' 2 Tube Fatigue Evaluation: Response to NRC j

Questions", WCAP-12042,.(Proprietary), for Point Beach Nuclear Plant Unit 2, being transmitted by the Wisconsin Electric Power Company (WEPCO) letter and Application for Withholding Proprietary Information from Public Disclosure, C. W. Fay, WEPCO, to NRC Document Control Desk. Attention W. Swenson, November.17, 1988. The proprietary information as submitted for use by Wisconsin Electric Power Company for the Point' Beach Unit 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of actions to minimize the j

1 potential for rapidly propagating fatigue cracks causing a steam ge'nerator tube rupture.

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CAW 88-124 l

This information is part or chat which will enable j

Westinghouse to-l (a) Provide documentation of the analyses, methods, and testing for reaching a conclusion relative to the

.j potential for denting. induced fatigue degradation at l

the top tube support plate.

l (b) Establish the tube stiffness, frequency, ar.d J

fluid-elastic stability ratios by dynamic analysis of

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various tubes.

(c) Establish the effects on fluid-elastic instability of columnwise variations in anti-vibration bar snsertion depths.

(d) Establish the detailed flow conditions in the region of interest acluding flow velocities, csities, and void fractions.

J (e) Assist the customer to obtain NRC approval.

f.

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.

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CAW 88-124 (b) Westinghouse can sell support and def ense of the technology to its customers in the li:ensing process.

Pub.lic disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation and li. censing 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 6 wentation 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 fer competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and h significant manpower effort, having the requisite talent and experie~nce, would have to be expended j

for developing testing and analytical methods and performing tests.

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Further the deponent sayeth not.

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