ML20011D125

Requests That Proprietary WCAP-12403, LOFTTR2 Analysis for Steam Generator Tube Rupture W/Revised Operator Action Times for Shearon Harris Nuclear Power Plant, Be Withheld, Per 10CFR2.790(b)(4)

ML20011D125
Person / Time
Site:	Harris
Issue date:	11/20/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML18009A302	List: ML18009A301 ML20011D124 ML20011D125
References
CAW-89-116, NUDOCS 8912190123
Download: ML20011D125 (10)

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. Westinghouse Energy Systems Nuclear and Mvanced Tecnnegmesion Electric Corporation .

1 Box 355 '

Pmsburgh Pennsytvania 15230 0355 L

l November' 20,~1989 CAW-89-116  ;

' r. Thomas Murley, Director D

Office of Nuclear Reactor Regulation L U.S.- Nuclear Regulatory Commission -

Washington, D.C. 20555 -

An'ICATION FOR WITHHOLDING PROPRIETARY y INFORMATION FROM PUBLIC DISCLOSURE I1 L

Dear.Dr. Murley:

The proprietary information for which withholding is being requested in the

- enclosed letter. by Carolina Power and Light 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 addressed with specificity the considerations listed in

, paragraph-(b)(4) of 10CFR Section 2.790 of the Commission's regulations.

1 The ' proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-89-100.

L Accordingly, this letter authorizes the utilization of the accompanying l affidavit by Carolina Power and Light Company.

I-Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-116, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION Robert A. Wiesemann, Manager o

Regulatory & Legislative Affairs

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cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 0912190123 89 213

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, CAW-89-100-J* _

AFFIDAVIT l

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SCOPMONWEALTHOF-PENNSYLVANIA: )I c\'

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, .j r COUNTY OF ALLEGHENY:-

L Before me, the undersigned authority, personally appeared I

. Robert A. Wiesemann, who, being.by me duly sworn according to law, if deposes'and says that he is authorized to execute this Affidavit on L

behalf of Westinghouse' Electric Corporation (" Westinghouse") and that  :

1 the avermentsiof fact set forth in this Affidavit are true and correct ,

to'the' best of his knowledge, information, and belief:- i t

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.i L I Eu(I7eut Robert A. Wiesemann, Manager Regulatory and Legislative Affairs ,

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P Sworn to and subscribed

-- before me this 22"#day

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, 1989.

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,AA4mo M. c Notary Public NOTARIAL SEAL LORRAINE M PIPLICA,NSTARY PUBLIC

.I MONROEVILLE BORO ALLEGHENY COUNTY

' MY CoMMIS5!ON EXPIRES DEC 14,1991

. Member, Pennsylvania Asscsem cf Natrics u , ,

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, CAW-89-100 H

. (1)- I am Manager, Regulatory and Legislative Affairs, in thh Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I_ have been specifically delegated the function of reviewing the proprietary i_nformation sought to be withheld from public disclosure -in connection with nuclear power l_

plant licensing: and rulemaking proceedings, and am authorized'to apply for its withholding on behalf of the Westinghouse Energy Systems Business Units.

h (2) I am making this Affidavit'in conformance with the provisions of L 10CFR Section 2.790 of the Commission's regulations and in.

l conjunction with the Westinghouse application for withholding accompanying this Affidavit.

li e .(3) I'have personal knowledge of the criteria and procedures utilized by i l

.the Westinghouse Energy Systems Business Units in designating information as a trade secret, privileged or as confidential j commercial or financial information. I (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for i L consideration by the Commission in determining whether the l information sought to be withheld from public disclosure should be .'

withheld.

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

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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  ;

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, p 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:

l (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.

l (b) It consists of supporting data, including test data, 1

l- 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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CAW-89-100 I

l (c). Its use by- a competitor would reduce his expenditure of l resources or-improve his competitive position in the f design, manufacture, shipment, installation, assurance of 'i quality, or-licensing a similar product.

1 (d) It reveals cost or price information, production  !

capacities, budget levels, or commercial strategies of  !

Westinghouse, its customers or suppliers.

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l l -(e) -It-reveals aspects of past, present, or future Westinghouse ]

l or customer funded development plans and programs of l

. potential commercial value to Westinghouse.  ;

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l i (f) 'It'contains patentable ideas, for which patent protection

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may be desirable. ,

L -(g) It is not the property of Westinghouse, but must be treated 1 as proprietary by Westinghouse according to agreements with

the owner.' l There are sound policy reasons behind the Westinghouse system i which include the following

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(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. l It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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.(b)' Itlis information which is marketable in many ways. ;The '

extent to which such information is available to f competitors diminishes the Westinghouse ability to sell; i

. . , .. products and services involving the' t:se of. the:iriformation.

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

p competitive disadvantage by reducing his expenditure of l resources at our expense, i l

E (d)- Each component of' proprietary information pertinent to a.

.particular competitive advantage is:potentially as valuable as the total competitive advantage. If competitors acquire L components of proprietary information, any one component -

I may be the key to the entire puzzle, thereby depriving- '

l Westinghouse of a competitive advantage.

p t-(e) ' Unrestricted disclosure would jeopardize the position of l  : prominence of Westinghouse in the world market, and thereby l give a market' advantage to the competition of those countries.

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(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in f

lW obtaining and maintaining a competitive advantage.

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+ - (iii) The information is being.trarismitted to .the Commission-'in confidence and, _ under the provisions of 100FR 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.

L. (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "LOFTTR2 Analysis For A Steam Generator Tube Rupture for South Texas Projects Units 1 & 2", WCAP-12369, . (Proprietary),for L

South Texas Units 1 & 2, being transmitted by Houston l: Lighting & Power Company (HL&P) letter and Application for Withholding Proprietary Information from Public Disclosure, M. A. McBurnett, HL&P, to NRC Public Document Room, dated October, 1989. The proprietary information as submitted for use by Houston Lighting & Power Company for South Texas Units 1 & 2 is expected-to be applicable in other licensee

[' submittals in response to certain NRC requirements for

~ justification of the design basis analysis for a steam

-generator tube rupture accident.

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g CAW-89-100-This information is part or that which will enable Westinghouse to:

(a) Provide ~ documentation of the methods, assumptions, and analysis for a design basis steam generator tube i rupture accident.

-(b). Establish the margin to steam generator overfill .for a design basis' steam generator tube rupture'.

(c') Establish the offsite radiation doses for a design basis steam generator tube.. rupture.

1 (d) Assist the customer to obtain NRC approval.

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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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(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 l

'to cause. 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 without~ 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 i

. information is the result of applying the results of.many years of experience in an intensive Westinghouse effort and L 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 l performed'and a significant manpower effort, having the L requisite talent and experience, would have to be expended l for developing analytical methods.

R S _ Further the deponent sayeth not.

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PROPRIETARY INFORMATION NOTICE I

TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R 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- l REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED L 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 HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 l

DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PAP,ENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM ON INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECT!0NS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE ,

AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(I).

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