ML100321897
| ML100321897 | |
| Person / Time | |
|---|---|
| Site: | Indian Point  |
| Issue date: | 08/23/1984 |
| From: | Wiesemann R Westinghouse, Div of CBS Corp |
| To: | Varga S Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML100321896 | List: |
| References | |
| CAW-84-83, NUDOCS 8409110226 | |
| Download: ML100321897 (8) | |
Text
Westinghouse Water Reactor Nuclear Technology Division Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 August 23, 1964 CAW-84-83 Mr. Steven A. Varga, Chief Operating Reactors Branch #1 Division of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 APPL ICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISa..OSURF
SUBJECT:
Evaluation of Inservice Inspection Indication in the Indian Point Unit 2 Reactor Vessel, August, 19564 WCAP-10b50, Non-proprietary WCAP-10651, Proprietary Class 2 REF.:
Consolidated Edison Letter, J.
D. O'Toole to S.
A. Varga, dated August, 196)4
Dear Mr. Varga:
The proprietary material transmitted by the referenced letter is of the same technical type as the proprietary material previously submitted concerning the analysis of the in-service inspection of the Indian Point Uni-t 2 reactor vessel. Further, the affidavit submitted to justify the material on June 15, 1977 is equally applicable to this material.,
Accordingly, withholding the subject information from public disclosure is requested in accordance-with the previously submitted non-proprietary affidavit and application fcc withholding, AW-77-27, dated June 15, 1977, a copy of which is attached.
Accordingly,' Consolidated Edison is authorized to use the accompanying affidavit in support of this Application for withholding Proprietary Information.
68409110226 840907 PDR ADOCK 05000247 0
.Cw-84-83 August 23, 1984 Page 2 Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-84-.83, and should be addressed to the undersigned.
Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
'pi Attachment cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
AW-77-27 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
55 COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who,, being by me duly sworn according to law, de poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the aver ments of fact set forth in this 'Affidavit are true and correct to the best of his knowledge, information, and belief" Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before 'me this
/<day of(
1977.
Notary Public REBECCA A. LOrl"'Cl. NzOTARY PIJE!-LIC
?AY ~
I~L2A.'R. 15, 1978
AW 27
-2
()I am Manager, Licensing Programs, in the Pressurized W-ater Reactor Systems 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 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.
(2) 1 am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in con junction with the Westinghouse application for withholding accom panying this Affidavit.
(3) 1 have personal knowledge of the criteria and procedure utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commnercial or financial information.
(4) Pursuant to the provisions of paragraph (B)(4) of Section 2.790.
of the Commission's regulations, the following it furnished for consideration by the Commission in determining whether the in formation 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
AW 27 w,,hether to hold certain types of information in confidence.
The application of that system and the substance of-that system co nstitutes Westinghouse policy and provides the rational basis require'd.
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:
(a) The information reveals the distinguishing aspects of a proces s (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.), 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, assur ance of quality, or licensing a similar product.
(d) It reveals cost or price information, production cap acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
27 (e) It reveals aspects of past, present, or future West inghouse or customer funded development plans and pro grams of potential commercial value of Westinghouse.
(f)* It contains patentable ideas, for which patent pro tection may be desirable.
(g) -It is not the property of W~estinghouse, 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.
(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.
- 2 (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 infor mation, 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 in 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 10 CFR Section 2.790, At is to be received in confidence, by the Commrrission.
(iv) Th e information is not available in publi.c sources to the best of our knowledge and belief.
(v)
The proprietary itformiation sought to be withheld in this submittal is that w~hich is attached to Westinghouse Letter Number NS-CE-1460, Eicheldinger to.Stello, date-d June 15,
- 1977. The letter and attachment are being submitted in support of the Commission's'review of the reactor pressure vessel supports analysis for Indian Point 3.
Public disclosure of the information sought to be withheld is likely to cause Isubstantial harm to the competitive position of Westinghouse, taking into account the value of
. AW -7 7-27 the information to Westinghouse, the amount of effort and money expended by Westinghouse in developing the information, and consi dering the ways in which the information could be acquired or duplicated by others.
Further the deponent sayeth not.
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