ML20247N027

Requests That Proprietary Rev 1 to WCAP-11786, Jm Farley Unit 2 Engineering Evaluation of Weld Joint Crack in 6-Inch Safety Injection & RHR Piping, Be Withheld (Ref 10CFR2.790)

ML20247N027
Person / Time
Site:	Farley
Issue date:	06/23/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292J366	List: ML20247N015 ML20247N027 ML20247N032
References
CAW-89-081, CAW-89-81, NUDOCS 8908020265
Download: ML20247N027 (10)

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Westinghouse Energy System:; NJclear and Advanced Electric Corporation "*'*""S'"

Box 355 Pmsburgh Pennsylvania 15230 0355 June 23, 1989 CAW-89-081 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:

Transmittal of WCAP's entitled, "J. M. Farley Unit 2 Engineering Evaluation of the Weld Joint Crack in the 6" SI/RHR Piping"

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Alabama Power Company is further identified in an affidavit 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 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 Alabama Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this ietter, CAW-89-081, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION e f \M

f. Robert A. Wiesemann, Manager Regulatory & Legislative Affairs 8908020265 890728

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%DR Enclosures cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 0181M:AAJ:061689

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Pl4PRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE /ROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR2.190 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NF4. 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 REMIAN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY NEANS OF LOWER CASE j LETTERS (a) THROUGH'(g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE l

' LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGh'0VSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN CECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(I).

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L-CAH-88-129 AFFIDAVll STATE OF CALIFORNIA:

ss COUNTY OF SAN FRANCISCO:

Before me, the undersigned authority, personally appeared Robert A. Hiesemann 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 ("Hestirighouse") and that the averments of fact set forth it; this Affidavit are true and correct to the best of his knowladge, information, and belief:

1H MAL Robert A. Hiesemann, Manager Regulatory and Legislative t sirs Sworn to and subscribed before me this V day of II, <edN_. , 1988.

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• CAW-88-129 (1) I as 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 mak.ing 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 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 (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of j

the Commission's regulations, the following is furnished for l consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

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

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(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 'I connection, utilizes a system to determine when and whether to hold certain types of ir. formation 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 l advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, c chod, 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 y

competitive economic advantage, e.g., by optimization or improved marketability.

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CAW-88-129 (c) Its use by a competitor would reduce his expenditure of l resources or improve his competitive position in the  !

design, manufacture, shipment, installation, assurance of j quality,.or licensir.g a similar product. l (d) It reveals cost or price information, prcduction capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of part, present, or future Westinghouse or customer funded development plans and programs of  ;

potential commercial value to Westinghouse. l (f) It contains patentable ideas, for which patent protection may be desirable.

(g) It is not the property of Westinghouse, but must be treated I as proprietary by Westinghouse according to agreements with the owner _

There are sound policy reasons behsnd the Westinghouse system  ;

which include the following:

(a.) The use of such information by Westinghouse gives

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Westinghouse a competitive advantage over its competitors.

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

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CAW-88-129 (b) It is information which is marketable in many ways. The extent to which such information is available to 4 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 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 1

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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(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section j

, 2.790, it is to be received in confidence by the l Commission.

(iv) - The information sought to be protected is not available in public sources or avail &ble information has not been  !

previously- employed in the same original manner or method to the best of our knowlt.Jge 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 y

for justification of the integrity of the pressurizer surge ifne for its design life under thermal stratification conditions.

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[ 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 the pressurizer surge line for the 40 year design life, and the acceptability of leak before break and fatigue crack growth, under thermal stratification conditions.

(d) Demonstrate the low likelihood of stratification in t

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 follows:

i-(a) Westinghouse pl.ms to sell the use of similar information to its customers for purposes of demonstrating adequate design life for surge lines and RRR liaes.

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

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Public disclosure of this proprietary information is likely s ,to causa substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation and

• licensing defense services for commercial power reactors with'aut 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 resy't 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.

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