ML20085J467
| ML20085J467 | |
| Person / Time | |
|---|---|
| Site: | Arkansas Nuclear  |
| Issue date: | 06/05/1995 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Russell W NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| CAW-95-836, NUDOCS 9506220207 | |
| Download: ML20085J467 (12) | |
Text
V tr c Co oration S Eh Pennsylvania 15230-0355 June 5,1995 Document Contml Desk CAW-95-836 U.S. Nuclear Regulatory Commission Washington, DC 20555 Cb-983/94 7 Attention: Mr. William T. Russell APPIJCATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-13698, Revision 2, "I2ser Welded Sleeves for 3/4-inch Diameter Tube Feedring-Type and Westinghouse Preheater Steam Generators, Revision 2", dated April 1995 (Pmprietary)
Dear Mr. Russell:
The proprietary information for which withholding is being requested in the above-mferenced report is further identified in Affidavit CAW-95-836 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, l
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 Set, tion 2.790 of the Commission's regulations.
Acccitiingly, this letter authorizes the utilintian of the accompanying Affidavit by Entergy Operation Incorporated.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-95-836, and should be addressed to the undersigned.
Very truly yours, UIE/bbp N. J.
, Manager
~
Attachment Nuclear Safety Regulatory & Licensing Activities cc:
Kevin Bohrer/NRC(12H5)
CAWSEHSRLA26&'CARK207 9506220207 950605 sp PDR ADOCK 05000313 P
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Westinghouse Energy Systems Ba 355 Electric Corporation Pittsburgn Pennsylvania 15230 0355 June 5,1995 Mr. Al Buford CARK-95-207 Entergy Operations, Inc.
NTD-NSRLA-OPL-95-268 1448 SR 333 Russellville, AR 72801 Entergy Operations Inccryciided Arkansas Nuclear One Unit 2 Anolientian for Withhaldine Prooriat=ry Inic...stian
Dear Mr. Buford:
This letter transmits 4 copies of proprietary and non-proprietary versions of " Laser Welded Sleeves for 3/4-inch Diameter Tube Feedring-Type and Westinghouse Preheater Steam Generators, Revision 2", dated April 1995, to be included in your submittal to the NRC for review and approval.
i In addition to the proprietary and non-proprietary information, there are four other enclosures for your use:
1.
Information which should be included in your NRC transmittal letter.
i 2.
Proprietary Information Notice to be attached to your NRC transmittal letter.
3.
Copyright Notice to be attached to your NRC transmittal letter.
4.
Westinghouse letter " Application for Withholding Proprietary Information from Public Disclosure" (CAW-95-836) with Affidavit CAW-95-836.
l Please transmit the original of Item 4 to the NRC in your transmittal.
If you have any questions, please do not hesitate to contact us.
Very truly yours, f
im Tvt.
Da id P. Samara Special Representative Enclosures Power Systems cc:
Bill Drake commaw@CARKM j
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Ent**wv Operatians Inc nou1-.ari Letter for Transmittal to the NRC The following paragraphs should be included in your letter to the NRC:
Enclosed are:
j 1.
2 copies of WCAP-13698, Revision 2, " Laser Welded Sleeves for 3/4-Inch Diameter Tube Feedring-Type and Westinghouse Preheater Steam Generators", dated April,1995 (Pmprietary).
2.
2 copies of WCAP-13699, Revision 2, " Laser Welded Sleeves for 3/4-Inch Diameter Tube Feedring-Type and Westinghouse Preheater Steam Generators" dated April 1995 (Non-Proprietary).
Also enclosed are a Westinghouse authorization letter, CAW-95-836, accompanying affidavit, Proprietary Information Notice, and Copyright Notice.
As Item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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 Section 2.790 of the Commission's regulations.
Accordingly, it is respectfully requested that the information which is proprietary to -
l Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.
i Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference CAW-95-836 and should be addressed to N. J. Lipamlo, Manager of Nuclear Safety Regulatory and Licensing Activities, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230 4355.
CAWS 36/NSRIA268/CARK207 yy,.
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c Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with 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 infonnation 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). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) containad within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margm opposite such information. These lower case letters refer to the types of information Westinghouse customarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
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4 a
Copyright Notice The reports transmitted. herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, 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 copies 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 notice in all instances and the proprietary notice if the original was identified as proprietary.
s CAW-95-836 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Henry A. Sepp, 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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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Henry A. Sepp, Manager Regulatory and Licensing initiatives Sworn to and subscribed before me this 56'a y a
of NC
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. CAW-95-836
,s (1)
I am Manager, Regulatory and Licensing Initiatives, in the Nuclear Technology Division, of the Westinghouse Electric Corporation 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 the Westinghouse Energy Systems Business Unit.
(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 the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial information.
t (4)
Pursuant to the provisions m' 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. He 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 i
several types, the release of which might result in the loss of an existing or potential 1
competitive advantage, a follows:
l 16DC.UI.A 2-0e0295
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, CAW-95-836 -
v (a)
'Ihe 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 potenti t 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 im.rketable 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.
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.. CAW-95-836 s
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of rewurces at our expense.
)
)
1 (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
_J one component may be the key to the entire puzzle, thereby depriving 1
Westinghouse of a competitive advantage.
J j
a (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)
De Westinghouse capacity to invest corporate assets in research and j
development depends upon the success in obtaining and maintaining a competitive advantage.
i (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.
l (iv) ne 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)
De proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Laser Welded Sleeves For 3/4 Inch Diameter Tube l
Feedring-Type and Westinghouse Preheater Steam Generators Generic Sleeving Report," WCAP-13698 Rev. 2 (Proprietary), April,1995, being transmitted by i
Entergy Operations incorporated letter and Application for Withholding Proprietary Information from Public Disclosure, to Document Control Desk, Attention Mr. William T. Russell. He proprietary information as submitted for use by Entergy Operations Incorporated for the Arkansas Nuclear One Unit 2 plant is expected to be i
16DC ULA4 080205
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CAW-95-836 i
applicable in other licensee submittals in response to certain NRC requirements for justification of use of laser welded sleeving in steam generator tubes.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of the methods for laser welded sleeving of steam generator tubes.
(b)
Establish applicable testing methods.
P (c)
Establish the use of fiber optics in laser welded sleeving applications.
(d)
Establish applicable codes and standards which are to be applied to the process.
(e)
Assist the customer to obtain NRC approval.
I Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for j
purposes of meeting NRC requirements for licensing docementation.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process, 1
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 i
competitors to provide similar sleeving services and licensing defense services for l
e commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC -
requiremems for licensing documentation without purchasing the right to use the information.
1673C-MA5esoNS l
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.. CAW-95-836 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.
i 1
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing testing and analytical methods and performing tests.
Further the deponent sayeth not.
L 1673C-t/134:000299
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