ML20080D963

Application for Withholding Rept, Snupps Steam Generator Tube Plugging Margin Evaluation (Ref 10CFR2.790)

ML20080D963
Person / Time
Site:	Wolf Creek, Callaway, 05000000
Issue date:	01/20/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19289B847	List: ML20080D963 NRC-84-0017, Forwards Proprietary Response to NRC Comments on Steam Generator Tube Plugging Requirements.Requests That Tech Spec Tube Plugging Limit for Snupps Model F Steam Generators Be Established.Response Withheld (Ref 10CFR2.790)
References
CAW-84-003, CAW-84-3, NUDOCS 8402090285
Download: ML20080D963 (9)

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. j SkLbb62 3 Westinghouse Water Reactor NumarkhndeWsim Electric Corporation Divisions m ass PittsburghPennsylvanials230 3

January 20, 1984 CAW-84-003 Mr. Harold R. Denton, Director Docket Number 50-482 Nuclear Reactor Regulation 50-483 i U. S. Nuclear Regulatory Commission Phillips Building '

7920 Norfolk Avenue Bethesda, Maryland 20014

SUBJECT:

SNUPPS Steam Generator Tube Plugging Margin Evaluation (Proprietary)

REF: SNUPPS Application for Withholding, Petrick to Denton, November 1982

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Stan-dardized Nuclear Power Plant System (SNUPPS) is proprietary to Westinghouse and withholding is requested pursuant.to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subj6ct information which is further identified in the affidavit accompanying this application.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-81-79 and was accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.

A copy of affidavit CAW-81-79, submitted to justify the previous material, is attached and is equally applicable to this material.

Accordingly, this 1.etter authorizes the use of the proprietary information-and affidavit CAW-81-79 by SNUPPS in Wolf Creek Unit 1 and Callaway Unit 1.

-Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-84-003 and be addressed to the under-signed.

4a g 5j4 Ver truly yours,

/bek . Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

SJct.bSets 4-CAW-81-79 ,

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: .

ss COUNTY OF ALLEGHENY:

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 author'ized to execute this Affidavit .on behalf of Westinghouse Electric Corporation (I' Westinghouse") and that the averments of fact set forth. in this Affidavit are true and correct to the best of his knowledge, informati6n, and belief:

f dApl1A Robert A. Wiesemann, Manager Regulatory and Legislative Affairs, ,

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Sworn to and subscribed before me this day m o '

of 4 5 , , . 4,.< 1981.

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, t-CAW-81-79 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis-

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closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of

' 10CFR Section 2.790 of the Connission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of e.he criteria and procedures utilized by Westinghouse Nuclear Energy Systems 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 the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

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

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CAW-81-79 -I (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 custo'marily 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 com-petitive advantage, as follows:

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(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 consti-tutes 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 competitive economic advantage, e.g., by optimization or improved marketability.

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CAW-81-79 (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, insta'llation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price frac'h/rmation, production cap-Y acities, budget levels, or eommercial strategies of Westinghouse, its customers or suppliers.

(e) It rev'eals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection.may be desirable.

(g) It is not the property of Westinghouse, but must be treated as p'oprietary r by Westinghouse according to agreements with the owner. ,

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

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., 3 CAW-81-79 (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.

(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 infor-mation, any one component may be the key to the entire

- puzzle, thereby depriving Westinghouse of a competitive

- aovantage.

'(e) . Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition

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(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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CAW-81-79 (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:

(iv) The information sought to be protected is not available in '

public sources or available information has!'not been pre-viously employed in the same ori.ginal 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 " Steam Generator Tube Plugging Margin Analysis" for the Virgil C.

Summer Nuclear Power Plant Unit No.1, '4 CAP-99T2, Revi-sion 2 (Proprietary) being transmitted by South Carolina Electric and Gas Compa6y letter Application for Withholding Proprietary Information from Public Disclosure, Nichols to Denton, November 1981. The proprietary information as sub-mitted for South Carorina . Electric and Gas Company, Virgil C.

Summer Nuclear Station use is expected to be applicable in other licensee and applicant submittals in response to cer-tain NRC requirements for justification of the steam generator tube plugging margin.

This irifonnation is part of that which will enable Westing-house to: .

(a) Provide documentation of the ar.alyses, method and test-ing for determining plugging margin.

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f CAW-81 -79 (b) Establish the minimum wall thickness in compliance with Regulatory Guide 1.121. .

(c) Establish the stress limits versus thinning of the remaining tube wall.

(d) Establish the maximum allowable leakage in support of

' the leak-before-break criteria.

(e) Assist the customer to obtain NRC approval.

Further this information has substantial comercial value as follows: .

(a) Westinghouse plans to sell similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

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

- Public disclosure of this information is likely to cause substantial ham to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense services for comercial power reactors without commensurate

. expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the information.

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CAW-81-79 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.

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In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performsd and,a significant manpower, effort, having the requisite' talent and experience, would have to be expended for system design software development.

Further the deponent sayeth not.

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