ML20214V202

Application for Withholding of Proprietary WCAP-11317, Technical Justification for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Beaver Valley Unit 1, Per 10CFR2.790.Affidavit Encl

ML20214V202
Person / Time
Site:	Beaver Valley
Issue date:	04/08/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H353	List: ML20214V178 ML20214V186 ML20214V192 ML20214V195 ML20214V202 ML20214V237
References
CAW-87-031, CAW-87-31, NUDOCS 8706120016
Download: ML20214V202 (7)

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Westinghouse Water Reactor Nuc h hc W oD D W m Electric Corporation Divisions , 333 Pmsburgh Pennsytvania 15230 0355 April 8, 1987 CAW-87-031 Dr. Romas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP's-11317 (Proprietary Class 2) and 11318 (Non-Proprietary Class 3) entitled, " Technical Justification for Eliminating Large Primany loop Pipe Rupture as the Structural Design Bases for Beaver Valley Unit 1.

Dear Mr. Denton:

The proprietary infonnation for which withholding is being requested in the enclosed letter by Duquesne Light Company is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. We 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 Ccrnmission's regulations.

he proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-83-80.

Accontingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-031, and should be addressed to the undersigned.

Ve truly yours, t lO Q U WL(UL/

Robert A. Wiesemann, Manager -

- Regulatory & Legislative Affairs -

Enclosures cc: E. C. Ehomaker, Esq.

Office of the General Council. NRC 0706120016 070601 PDR ADOCK 05000334 p PDR

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMEE S FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS WR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMEES OF 10CFR2.790 OF THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INNRMATION 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 INWRMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INWRMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a)

THROUGH (g) 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 'IO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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1 AFFI0AVIT .

1 COMi'dNWEALTH OF PENNSYLVANIA:

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1 ss COUNTY OF ALLEGHENY:

is - Before me, the undersigned authority, personally appeared John D. McAdoo, who,

.) being by me duly sworn according to law, deposes and says that he is .

authorized to execute this Affidavit on behalf lof Westinghouse Electric Corporation ("We'stinghouse") and that the avermenti of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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' D. McAdoo, Assi3fa'nt Manager

- - Nuclear Safety Department

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I Sworn to and subscribed i before me this day

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l CAW-83-80 l

(1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy 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 pubife disclosure 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 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 .

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 requiations, the following is furnished for consideration by the Commission in determining whether the information sought to be with-held from pubife disclosure should be withheld.

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

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing-house 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 hole certain types of information in confidence. The appifcation of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

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CAW-83-80 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:

(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, relative to a process (or component, structure, tool, method, etc.), the ,

i application of which data secures a competitive economic advan-tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or j i

customer funded deveic';aent plans and programs of potential commercial value to Westinghouse. .

(f) It contains patentable ideas, for which patent protection may be )

desirable. I l

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. CAW-83-80 (g) It is not the property of Westinghouse, but mus't be treated as proprietary 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 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.

(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 parti-cular 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 competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-83-80 (f) The Westinghouse capacity to invest corporate ass'ets in research and development depends upon the success in obtaining and main-taining 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 to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal

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is that which is appropriately marked in " Technical Bases for E11minating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.

Pub 11c disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.

Further the deponent sayeth not.

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