ML13310A937
| ML13310A937 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 09/01/1983 |
| From: | Wiesemann R Westinghouse, Div of CBS Corp |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML13310A936 | List: |
| References | |
| TAC-54376 CAW-83-73, NUDOCS 8309070344 | |
| Download: ML13310A937 (6) | |
Text
Enclosure 2 Westinghouse Water Reactor Nuclear Technology oivision Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 September 1, 1983 CAW-83-73 Mr. H. R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission
.Washinqton, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Denton:
The proprietary material for which withholding is being requested by the Southern California Edison Company is further identified in an original affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.
It is respectfully requested that the information which is proprietary to Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit in support of Southern California Edison.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-73, and should be addressed to the undersigned.
Very truly yours, Robert A. Wiesemann, Manager Regulatory and Legislative Affairs CWH:pj Enclosure cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC.
8309070344 830902 PDR ADOCK 05000206 PPDR
SCAW-83-73 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 averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief.
Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this /
day of
, 1983.
GENEVIEVE KISH, NOTARY PUBLIC MONROEVILLE BORO, ALLEGHENY COUNTY MY COMMISSION EXPIRES SEPT, 3, 1984 Member, Pennsylvania Association of Notaries CAW-83-73 (1) I am Manager, Regulatory and Legislative Arfairs, in the.Nuclear 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 from public disclosure 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) 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 Nuclear Energy Systems 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 whetherthe information sought to be with held 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.
CAW-83-73 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:
(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 advan tage, e.g., by optimization or improved marketability.
(c) Its use by a competitor would reduce his expenditure of resour ces or improve his competitive position in the design, manfac ture, 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.
CAW-83-73 (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 information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclsoure 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.
(d) Each component of proprietary information pertinent to a parti cular 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 competi tive advantage.
(e) Unrestricted disclosure would jeopardize the position of promi nance of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.
CAW-83-73 (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and main taining 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 to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is marked in the proprietary version of the document entitled, "Westinghouse Analytical Ranking Process as Applied to SONGS UNIT 1," and deleted from the non-proprietary version of the same report.
This information provides details of the Westinghouse method of prior itizing plant modifications based upon their benefit to the plant that were developed at significant expense. This information has substantial commercial value to Westinghouse in connection with competition with other vendors for service contracts and performance evaluations.
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.
Further the deponent sayeth not.