ML20077A311

Requests That Proprietary WCAP-13454, Fracture Mechanics Evaluation Byron & Braidwood Units 1 & 2 Residual HX Tube Side Inlet & Outlet Nozzles Be Withheld (Ref 10CFR2.790)

ML20077A311
Person / Time
Site:	Byron, Braidwood
Issue date:	11/09/1994
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Russell W NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19311B500	List: ML20077A308 ML20077A311 ML20077A314
References
CAW-94-753, NUDOCS 9411220266
Download: ML20077A311 (9)

Text

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Westinghouse Energy Systems B3 355 Pittsburgh PennsyNaraa 15230 035-Electric Corporation November 9,1994 CAW-94-753 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. William T. Russell, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

" Fracture Mechanics Evaluation Byron and Braidwood Units 1 and 2 Residual Heat Exchanger Tube Side Inlet and Outlet Nozzles" WCAP-13454, (Proprietary)

Dear Mr. Russell:

The proprietary information for which withholding is being requested is further identified in Affidavit CAW-94-753 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 10 CFR Section 2.790 of the Commission's regulations.  :

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Commonwealth Edison Company.

1 Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-94-753, and should be addressed to the undersigned.

Very truly yours, csb N. J. Lip o,. anager Nuclear Safety Regulatory and Licensing Activities

/cid Enclosures cc: Kevin Bohrer/NRC (12H5)

CINO9 RJM 'IttW 9411220266 DR 941114 ADOCK 05000454 PDR

I CAW-94-753 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

s3 COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Henry A. Sepp, who, being by me duly sworn according to law, deposes ano says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporatior. (" Westinghouse") and that the averments of fact set forth in this A% davit are true and correct to the be.t of his knowledge, information, and belief;

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/ / /7 Henry A. Sepp, Manager /

Regulatory and Licensing Initiatives Sworn to and subscribed before me this N day of /l/;A >< n? lh ,1994 Nc W e Seal Deme K Herdeson, Notary Ptuc

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-2 CAW-94 753 (1) I am Manager, Regulatory and Licensing Initiatives, in the Nuclear 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 Business Unit.

(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 the Westinghouse Energy Systems Business Unit 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 consid. ration by the Commission in determining whether the information 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.

(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 conndon, 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:

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I y CAW-94-753 (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 constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relanve c a process (or component, structure, tool, method, etc.), the applicas. .i nich data secures a competitive economic advantage, e.g., by o' icvWor or improved marketability.

(c) Its use by a competitor would reduce his expenditt.re or eu; rne 'r improve his competitive position in the design, manufaciure ship'..u., aw flation, assurance of quality, or licensing a similar product (d) It reveals cost or price information, prod:iction 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.

(O It contains patentable ideas, for which patent protection may be desirable.

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, therefore, 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.

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CAW-94-753 l j

l (c) Use by our competitor wouki .m f 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 prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.

(t) The Westinghouse capat i ty 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 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 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 " Fracture Mechanics Evaluation Byron and Braidwood Units I and 2 Residual Heat Exchanger Tube Side Inlet and Outlet Nozzles" WCAP-13454 (Proprietary), Augast,1992 for Byron and Braidwood Units 1 and 2 being transmitted by the Commonwealth Edison Company letter and Application for Withholding Proprietary Information from Public Disclosure to Document Control Desk, to the Attention of Mr. William T. Russell. The proprietary information as submitted for use by Commonwealth Edison Company for the Byron and Braidwood 14W RJ44110*as

I e CAW-94-753 Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the fracture mechanics evaluation.

This information is part of that which will enable Westinghouse to:

(a) Provide the methodology used in the development of the fracture evaluation methods.

(b) Provide documentation for the largest acceptable indications for the residual heat exchanger inlet and outlet nozz.les.

(c) Assist the customer in obtaining the 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 licensing documentation.

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

Public 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 fracture mechanics evaluations and licensing defense l services for commercial power reactors without commensurate expenses. Also, public l

disclosure of the information would enable others to use the information to meet NRC l

requirements for licensing documentation without purchasing the right to use the l l

information. l 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 l

effort and the expenditure of a considerable sum of money.

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l CAW-94-753 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 of analytical methods and tests.

Further the deponent sayeth not.

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I 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.

In order to conform to the requirements of 10 CFR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted 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 so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such 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)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).

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Copyright Notice The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

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