ML20209G222

Requests That WCAP-11228-P, Tubesheet Region Plugging Criterion for Full Depth Hardroll Expanded Tubes, Be Withheld from Public Disclosure (Ref 10CFR2.790).Affidavit Encl

ML20209G222
Person / Time
Site:	Summer
Issue date:	08/01/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19292F871	List: ML20209F996 ML20209G026 ML20209G222 ML20209G228
References
CAW-86-066, CAW-86-66, NUDOCS 8609120396
Download: ML20209G222 (9)

Text

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ATTACHMENT IV a 8N P%snPemsytvama 15230 03 August 1, 1986 CAW-86-066 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory re-nhsion Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Tubesheet Region Plugging Criterion for Full Depth Hardroll Expanded Tubes (WCAP-11228-P and WCAP-11229-NP)

Reference:

South Carolina Electric & Gas Company Imtter to NRC dated August, 1986

Dear Mr. Denton:

3 he proprietary material for which withholding is being requested in the enclosed letter by the South Carolina Electric & Gas is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporatioa. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld frczn public disclosure by the Comission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2 790 of the Comission's regulations.

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Be proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with as Affidavit CAW-81-79.

Acconiingly, this letter authorizes the utilization of the accompanying affidavit by South Carolina Electric & Gas Co.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter,

' CAW-86-066 and should be addressed to the undersigned.

Very truly yours,

. x x m'w _

p Ro rt A. Wiesemann, Manager

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

Office of the Executive Legal Director, NRC e609120396 e60815 PDR ADOCK 05000395 P PDR

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/ PROPRIETARY INFORMATION NOTICE

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TRANSMITTED HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY YERSIONS OF k

DOCUMENTS FURNISHE 10 THE NRC 3 CONNECTION WITH REQUESTS FOR CDERIC AND PLANT SPECIFIC REVIEW AND APPROVAL.

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IN ORDER TO CONFORM 10 ME REUIREMENT5 W 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION W PROPRIETARY INmRMATION 30 5UBMIT TO THE NRC, TLE LTORMATION WHICH IS PROPRIETARY H RE PROPRIETARY VERSIONS IS CONTAING WITRIN BRACKET 5 AND WHERE DE PROPRIETARY INFORMATION HAS BEEN ~

. DELETE IN THE NON-PROPRIETARY VERSIONS GG.T THE BRACKETS REMAIN, ME -

INFORMATION THAT WAS CONTAINED WITHIK RE BRACKEIS IN 1HE PROPRIETARY

/ HAVING BEEN DII.ETED. THE JUSTIFICATION FOR CLAIM [NG THE INFORMATION 30

( DESIGNATED A3 PROPRIETARY IS INDICATED IN B0!H VERSIONS BY MEANS W LOWS CA LEITDS (a) THROUGH (g) CONTAING WITHIN PARENNDES LOCATED AS A SUPERSCRIPT IMMEDIATELY FCLLWING THE BRACKETS DCI.0 SING EACH ITEM OF INFORMATION bEING l ,

IDENTIFIED AS PROPRIETARY OR H THE MARGIN OPPOSITE 3U01 INFORMATION. THEP.

LWD CASE LEITERS REFER 70 THE TYPES OF INFORMATION WDTINGHOUSE CUS1DMARILY H03S IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 1010CFR2.790(b)(1).

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,' CAW-81-79

• t 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 authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the avennents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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11_ eA nn1Aq Robert A. Wiesemann, Manager Regulatory and Legislative Affairs l

Sworn to and subscribed before me this A day -

of D u e. /u. 1981.

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. Notary Public i' ,

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• CAW-81-79

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(1) IamManager.RegulatoryandLeghslativeAffairs,intheNuclear 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 frem 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.

I (2) I am making this Affidavit in confomance with the provisions of 10CFR Section 2.790 of the Consnission's regulations and in con-i junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and proc 2dures utilized by Westinghouse Nuclear Energy Systems in designating infomation as a trade secret, priviledtd as confidential comunercial or financial infomation.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations the following is furnished for consideration by the Comission in detemining whether the in-fomation sought to be withheld from public disclosure should be withheld.

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

-3 ., CAW-81 79 (ii) The infonnation 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 connection, utilize,s 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.).theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.

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Y. ,' 4 CAW-81-79 1

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(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-tectionmaybedegirable.

(g) It is not the property of Westinghouse, but must 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 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 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 infomation.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure o

of resources at our expense.

(d) Each component of proprietary infomation pertinent

, to a particular competitive advantage is potentially as valuable as the total competitive advantage. If i

competitors acquire components of proprietary infor-mation, any one cogiponent may be the key to the entire puzzle, thereby dep'riviAg Westinghouse of a competitive advantage. I (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 corporate assets in research and development depends upon the success in obtaining and maintaining a con stitive advantage.

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CAW-81-79 (iii) The infomation is being transmitted to the Cosmission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The infor1 nation 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.

6 (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. ,

Sumer Nuclear Power Plant Unit Nc.1. WCAP-9912. Revi-sion2(Proprietary)beingtransmittedbySouthCarolina Electric and Gas Company \ letter Application for Withholding Proprietary Information fron(Public Disclosure. Nichols to Denton, November 1981. The proprietary information as sub-i mitted for South Carolina Electric and Gas Company Virgil C.

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

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

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

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't (b) Establish the minimum wall thickness in compliance with Regulatory Guide 1.121.

(c) Establish t'n e 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 infomation has substantial comercial value as follows:

(a) Westinghouse plans to sell similar infomation to its customersforpurphesffmeetingNRCrequirementsfor licensing documentatidn.

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

Public disclosure of this infomation 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 comensur' ate expenses. Also, public disclosure of the infomation would enable others to use the infomation to meet NRC require-ments for licensing documentation without purchasing the right to use the infomation.

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