ML20148E638

Requests for Withholding of Rept RXE-88-101-P, Design Basis Analysis of Postulated Steam Generator Tube Rupture Event for Comanche Peak Steam Electric Station Unit 1, from Public Disclosure

ML20148E638
Person / Time
Site:	Comanche Peak
Issue date:	03/14/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19302D349	List: ML20148E535 ML20148E638 ML20148E667
References
CAW-88-018, CAW-88-18, NUDOCS 8803250267
Download: ML20148E638 (11)

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Westinghouse Power Systems aucteaneennue Electric Corporation Systems om$m Box 355 Pittsburgh PennsyNarna 15230-0355 March 14, 1988 CAW-88-018 Dr. 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:

TU Electric Report No. RXE-88-101-P, "Design Basis Analysis of a Postulated Steam Generator Tube Rupture Event for Comanche Peak Steam Electric Station Unit 1"

Dear Dr. Murley:

This application for withholding is submitted by Westinghouse Electric Corporation

("Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. The subject material contains c&mercial strategic information proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary infonnation of this type was submitted as AW-76-31 with letter NS-EPR-2926 dated June 6,1984, and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject infonnation which is proprietary to Westinghouse be withheld from public disclosure in accordar.ne with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-88-018 and should be addressed to the undersigned. I Very truly yours, Robert A. Wiesemann, Manager

/dmr Regulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq. -

Office of the General Counsel, NRC 8803250267 880315 TPDR ADOCK 05000445

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AW 76-31 AFFIDAVIT

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C0 W NWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesee. ann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, infomation, and belief:

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Robert A. Wieser. ann, Manager Licensing Programs O

Sworn to and subscribed befo his 7 day l

. of 1976.

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ss ..nsks wJ%h NT Comm@cm (Ahtu APR.15.'1978 -

AW-76-31 k

(1) I am Manager Licensing Programs, in the Pressurized Water Ranctor Systems Division, of Westinghouse Electric Corporation.and as such, I have been specifically delegated the function of mytowing the proprietary in7ormstion sought to be withheld from public dis-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 confomance with the provisions of 10 CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the critaria and procedures utilized by Westinghouse Nuclear Energy Systees in desigt.ating information as a trade secret, privileged or as confidential conrnercial or financial information.

O (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's ngulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be l withheld.

(t) 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 cus*.omarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of infonnation customarily held in confidence by it and. in that connection, utilizes a system to detennine 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:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) ,

where prevention of its use by arty of Westinghouse's. '

O c - petitors < = ut iicense fr . Westing 8.use 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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AW-76-31

( (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 infomation, production cap-acities, budget levels, or connercial strategies of Westinghouse, its customers or suppliers.

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

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

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to h agreements with the owner. i 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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( (b) It is infonnation which is marketable in many ways.

The extent to which such infonnation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infonnation.

(c) Use by our comnetitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each componer,t of proprietary infonnation pertinent to a particular competitive advantage is potentially l as valuable as the total competitive advantage. If )

competitors acquire components of proprietary infer-nation, av one component may be the key to the entir,e puzzle. thereby depriving Westinghouse of a competitive advantage, h (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market.

and thereby give a market advantage to the competition in those countries.

(f) The Westinghouse capacity to invest ccrporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

AW 76-31 f (iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The information is not available in public sources to the best of our knowledge and belief.

(v) The proprietary infonration sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse letter No. MS-CE-1142. Eiche1dinger to Eisenhut dated July 27. 1976 concerning reproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27. 1976 on the subject of Westinghouse Reload Safety Evaluation Methodology.

This information enables Westinghouse to:

(a) Justify the design for the reload core O (b) Assist its customers to obtain licenses (c) Meet contractual requirements l (d) Provide greater flexibility to customers assuring them l of safe and reliable operation.

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Further, this infomation has substantial comercial value as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for Itcensing documentation.

(b) Westinghouse uses the infomation to perfom and justify analyses which are sold to customers.

(c) Westinghouse uses the infomation to sell nuclear fuel and related services to its customers.

Public disclosure of this information is likely to cause sub-stantial ham to the competitive position of Westinghousi in selling nuclear fuel and related services.

O Westin house taies a mar *etin advanta e h1 virtue of the l knowledge, experience and cocipetence it has gained through long involvement and considerable investment in all aspects of the nuclear power generation industry. In particular Westinghouse has developed a unique understanding of the factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose l for which it was provided.

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AW-76-31 In all cases that purpose is to generate energy in a safe and efficient manner while enabling the operating nuclear gener-ating station to meet all regulatory requirements'affected by the core loading of nuclear fuel. Confidence in being able to accomplish this comes from the exercise of judgement based on experience.

Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be perfomed and in the methods and models used to perfonn these analyses.

A substantial part of this competitive advantage will be lost if the competitors of Westinghouse are able to use the results of the Westinghouse experience to normalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the same or similar conclusions. Its use by a coepetitor would reduce his expenditure of resources or improve his competitive position in the design and licensing of a similar produr'..

O This~ information is a product of Westinghouse design technology.

As such, it is broadly applicable to the sale snd licensing of fuel in pressurized water reactors. The development of this information is the result of many yean of Westinghouse effort and the expenditure of a considerable sm of money. In order for cocpetiton of Westinghouse to duplicate this process 1 l

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( would require the investment of substantially the same amount of effort and expertise that Westinghouse possesses and which  !

l was acquired over a period of scre than fifteen yeen and by J the investment of millions of dollars. 1 Further the deponent sayeth not. l l

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PROPRIETARY INFORMATION NOTICE 4

k TRANSMITTED HEREWITH AFI PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOMKTS FURNISHED TO THE NRC IN CONNECTION WITH REQUISTS FOR ODJEEIC AND/OR PLAh7 SPECIFIC REVIEW Aht APPROVAL.

IN ORDER 70 CQiFORM 70 INE REQUIRDeiTS OF 10CFR2 750 0F THE COMMISSION'S RIDULATIONS CONT;ERNING THE PROTECTION OF PROPRIETARY IhTORMTION SO SUBMITTED TO THE NRC, THE IhTORMTION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BPACKETS AND WHERE THE PROPRIETARY IhTORFATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS CriLY THE BRACKETS RD%IN, THE IhTORMTION THAT WAS CONTAINED WITHIN 1HE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEDi DEETED. THE JUSTIFICATION TVR CLAIMING THE IhTORMTION So DESIGNATED AS PROPRIETARY IS INDICATED IN BO7H VERSIONS BY MEANS OF LOWER CASE LE77ERS (a) THROU3H (g) CONTAINED WITHIN PARDi1HESES LOCATED AS A SUPERSCRIFI

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IMMEDIATEY FOLLCMING THE BRACKETS DiQ.0 SING EACH ITD4 0F IhTORMATION BEIN3 IDDITIFIED AS PROPRIETARY OR IN THE MARGIN OPPCSITE SUQi IhTORMTION. THESE

' LCMER CASE LETTERS REFER 701HE TYPES OF IhTOR$ TION WESTINGHOUS HOLDS IN CONFIDDiCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS TRANSKITTAL PURSUAh7 7010CFR2.790(b)(1).

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