ML20211A192

Requests Proprietary TR WCAP-15128, Depth-Based SG Tube Repair Criteria for Axial PWSCC at Dented TSP Intersections, Be Withheld from Public Disclosure Per 10CFR2.790

ML20211A192
Person / Time
Site:	Sequoyah
Issue date:	08/12/1999
From:	Galembush J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20138B155	List: ML20211A185 ML20211A192 ML20211A202
References
CAW-99-1351, NUDOCS 9908230214
Download: ML20211A192 (9)

Text

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l Westinghouse Electric Company 6

Box ass Pittsbtrgh Pennsylvania 15230-0355 August 12,1999 CAW-99-1351 Document Control Desk U.S. Nuclear Regulatory Commission l Washington, DC 20555 Attention: Mr. Samuel J. Collins APPLICATION FOR WITHHOLDING PROPRIETARY INFOPMATION FROM PUBLIC DISCLOSURE Subject " Depth-Based SG Tube Repair Criteria for Axial PWSCC at Dented TSP Intersections" WCAP-15128 (Proprietary), Januay 1999

Dear Mr. Collins:

The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-99-1351 signed by the owner of the proprietay information, Westinghouse Electric Company LLC. 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 Conunission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse aflidavit should reference this letter, CAW-99-1351 and should be addressed to the undersigned.

Very truly yours, M ----  ;

John S. Galembush, Acting Manager Regulatory and Licensing Engineering Enclosures ,

I cc: T. Carter /NRC (SE7)

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CAW-99-1351 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

l ss COUNTY OF ALLEGHENY:

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Before me, the undersigned authority, personally appeared John S. Galembush, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of

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Westinghouse Electric Company LLC (" Westinghouse"), and that the averments of fact set forth in this i

Affidavit are true and correct to the best of his knowledge, information, and belief:  ;

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John S. Galembush, Acting Manager Regulatory and Licensing Engineering Sworn to and subscribed befor e this /AM day of_ // ,1999 Notarial Seal Janet A.Setweb, Notary PubEe Monroeville Boro, Allegheny County My Commission Empires May 22,2000

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CAW-99-1351 (1) I am Acting Manager, Regulatory and Licensing Engineering, in the Nuclear Services Division, of the Westinghouse Electric Company LLC (" Westinghouse"), 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 rulemakmg proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

(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 Electric Company LLC 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 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 ofinformation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types ofinformation 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 ifit 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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CAW-99-1351 (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention ofits 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 application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(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 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 customer funded development plans and programs of potential commercial value to Westinghouse.

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

There are sound policy reasons behind the Westinghouse system which include the following:

l l (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.

1 (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 invohing the use of the information.

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CAW-99-1351 t-(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

l (d) Each cur..per,cr.t 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.

(f) The Westinghouse capacity 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 l information has not been previously employed in the same original manner or method to l 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 " Depth-Based SG Tube Repair Criteria for Axial PWSCC at Dented TSP Intersections," WCAP-15128 (Proprietary), January 1999, for information in support of Tennessee Valley Authority's submittal to the Commission, transmitted via Tennessee Valley Authority letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. John S. Galembush, Acting Manager, Regulatory and Licensing Engineermg, Westinghouse to the Document Control Desk, Attention Mr.

l l- Samuel J. Collins. The proprietary information was provided by Westinghouse Electric Company LLC.

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4 CAW-99-1351 e i This information is part of that which will enable Westinghouse to:

(a) Justify the process for seem generator inspections.

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-(b) Assist its customer to obtain a license.

l Further this information has substantial commercial value as follows:

! (a) The information reveals the distinguishing aspects of a method prevention ofits i' use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

l l- (b) It consists of supporting data, including test data, relative to process, the l- application of which data secures a competitive economic advantage, e.g., by i ytimization or improved marketability.

L (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.

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 products for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the l information to meet NRC requirements for licensing documentation without purchasing the right to use the 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 effort and the expenditure of a considerable sum of money.

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CAW-99-1351 In order for competitors of Westinghouse to duplicate this information, similar design 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

! replacement modules.

Further the deponent sayeth.

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TI PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection wi'h 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). Thejustification for claiming the information so designated as proprietary is indicated in both versions by means oflower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item ofinformation being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types ofinformation Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanyirig this transmittal pursuant to 10 CFR 2.790(b)(1).

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l COPYRIGHT NOTICE l

He reports transmitted herewith each bear a Westmghouse copyright notice. He NRC is permitted to make the number of copics of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and appiovals as well as the issuance, denial, Mment, 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 copics 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 l notice in all instances and the proprietary notice if the original was identified as proprietary.

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