ML17241A447

Requests That Rev 1 to WCAP-14732 & Rev 1,Add 1 to WCAP-14732 Be Withheld from Public Disclosure

ML17241A447
Person / Time
Site:	Saint Lucie
Issue date:	07/22/1999
From:	Galembush J WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Collins S NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17241A445	List: ML17241A444 ML17241A446 ML17241A447
References
CAW-99-1347, NUDOCS 9908300164
Download: ML17241A447 (8)

Text

Westinghouse Electric Company Box 355 Pittsburgh Pennsylvania 15230-0355 July 22, 1999 CAW-99-1347 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Mr. Samuel J. Collins APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-14732, Rev. 1 "Probabilistic Analysis of Reduction in Turbine Valve Test Frequency for Nuclear Plants with Westinghouse BB-296 Turbines with Steam Chests," (Proprietary) June 1997 and WCAP-14732, Rev. 1, Addendum 1, "Evaluation of the Applicability of WCAP-14732, Rev. 1, to St. Lucie Units 1 and 2.

Dear Mr. Collins:

The proprietary information for which withholding is being requested in the above-referenced report is further identified in AffidavitCAW-99-1347 signed by the owner of the proprietary 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 Commission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Florida Power and Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-99-1347 and should be addressed to the undersigned.

Very truly yours, John S. Galembush, Acting Manager Regulatory and Licensing Engineering Enclosures cc: T. Carter/NRC (5E7)

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CAW-99-1347 AFFIDAVIT COMMONWEALTHOF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 Westinghouse Electric Company LLC ("Westinghouse" ), and that the averments of fact set forth in this Affidavitare true and correct to the best of his knowledge, information, and belief:

John S. Galembush, Acting Manager Regulatory and Licensing Engineering Sworn to and subscribed before me this + ~~ day of , 1999 g~~svflle ~~ Villi(jrPijbil Notary Public  %'Ivanla

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CAW-99-1347 (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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of Westinghouse.

(2) I am making this Affidavitin 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 of information customarily held in confidence by it and, in that connection, 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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CAW-99-1347 (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 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:

(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

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CAW-99-1347 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 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 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 " Probabilistic Analysis of Reduction in Turbine Valve Test Frequency for Nuclear Plants with Westinghouse BB-296 Turbines with Steam Chests" WCAP-14732, Rev. 1 (Proprietary), June, 1997 and "Evaluation of the Applicability of WCAP-14732, Rev. 1, to St. Lucie Units 1 and 2," WCAP-14732, Rev. 1, Addendum 1 (Proprietary) for St. Lucie Units 1 and 2. Being

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CAW-99-1347 transmitted by the Florida Power and Light Company letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. John S.

Galembush, Acting Manager, Regulatory and Licensing Engineering, Westinghouse to the Document Control Desk, Attention Mr. Samuel J. Collins.

The proprietary information was provided by Westinghouse Electric Company LLC.

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

(a) Provide documentation of the analyses and methods used in the establishment of annual turbine overspeed missile ejection frequencies which serve as the technical basis for a reduction of turbine valve test frequency required per the plant technical specifications.

(b) Assist its customer to obtaining NRC acceptance for the necessary changes to the plant technical specifications.

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 designing reload cores and meeting generic Commission requirements for licensing documentation..

(b) Westinghouse can sell support and defense of the application of this methodology and other proposed programs.

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 information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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CAW-99-1347 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.

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 not.

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