ML17320A675

Authorizes Use of Encl Affidavit AW-78-23 Re Request for Withholding Proprietary Info Concerning Optimized Fuel Assemblies Transition Reload Review

ML17320A675
Person / Time
Site:	Cook
Issue date:	08/24/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML17320A674	List: ML17320A673 ML17320A675
References
CAW-83-68, NUDOCS 8309060186
Download: ML17320A675 (10)

Text

@I, <ua 2 6 1983 Westinghouse Water Reactor Nuclear Technology Oivisfon Electric Corporation Divisions Box 355 PlttsburghPennsylvanla 15230 August 24, 1983 CAW-83-68 Mr. Harold Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Reference:

Indiana and Michigan Electric Company letter to U.S. NRC, Alexich to Denton, dated August, 1983.

The proprietary material transmitted by the reference letter for which with-holding is being requested by Indiana and Michigan Electric Company (I and ME) is of the same type as the proprietary material previously submitted in connect-ion with NRC Staff reviews of WCAP-9401/9402 and WCAP-9500. A previous Application for Withholding, AW-78-23, was accompanied by a non-proprietary Affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The proprietary material is being submitted in support of the OFA transition reload review associated with the I and ME Donald C. Cook Nuclear Plant Unit No. l.

Accordingly, this letter authorizes the use of the previously furnished affidavit, a copy of which is attached.

Correspondence with respect to the proprietary aspects of this application for withholding or the Westinghouse affidavit should reference CAW-83-68 and should be addressed to the undersigned.

Very truly yours, Cc A.~ Wiesemann, Manager egulatory and Legislative Affairs ~

MMS:pj Attachment cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 83090bOi8b 83083i PDR ADQCK 050003i5 r PDR

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i.--78-23 .

AFFI OAVIT COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF ALLEGHENY'efore me, the undersigned authority, personally appeared Robert A. Miesemann, who, being by me duly sworn according to law, .

deposes and says that he is authorized to execute this. Affidavit on beha1f of Westinghouse Electric Corporation ("llestinghouse") and that the averments of fact set forth in this Affidavit are true arid correct to the best of his knowledge, 'information, and belief:

Robert A. Wiesemann, Hanager Licensing Programs Sworn to and subscribed before,me this. - " day of /PidM+e.1978.

i7 Notary Public

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AW-7S-23 (i) I am Hanager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such,'

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 rulemaking proceedings, and am authori zed to apply for i ts wi thho1 ding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this affidavit in I

conformance with the provisions of 10 CFR Section 2.790 of. the Commission's regulations an'd'in con-junction wi th the Westinghouse appl ication for wi thhol ding accompanying this Affidavit,.

(3) I have personal knowledge of the criteria and procedures utilized by Mestinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financia 1 information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission s regulations, the following i>> furnished for consideration by the Corrmission 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 Mestinghouse 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

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0 AM-78-23 whether to hold certain types of information in confidence.

The application of that system and the substance oF that, system constitutes Mestinghouse policy and provides the rational basis required.

Criteria and Standards Utilized In determining whether information in a document or report is proprietary, th e fo llowing criteria and standards are utilized by Westinghouse. Information is'roprietary if any one of the following are met:

{a) The information reveals the distinguishing aspects of a process {or component, structure, tool, r'method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Mestinghouse constitutes

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a competitive economic advantage dver other companies.

It consists of supporting data, including test data, relative to a process {or component, st-ucture, took, method, etc.), the application of which. grata 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 of a similar product.

{d) It reveals cost or price information, production capacities, budget levels, or cornnercial strategies of hlestinghouse, its customers or suppliers.

AW-78-23 (e) It reveals aspects of past, present, or future Westing-house or customer funded development plans and programs of potential corrmercial value to Westinghouse..

(f) It contains patentable ideas, for which patent protection may be desirable.

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

(iii) The information is being transmitted 'to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

information is not available in public sources to the best

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(iv) ~ ~

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The

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of our knowledge and belief.

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(v) The proprietary information sought to be withheld in this submittal are the copies of slides utilized by Westinghouse in its presentation to the HRC at the March 21, 1978 meeting concerning the westinghouse optimized fuel assembly. The letter and the copies of slides are being submitted in pre-liminary form to the Commission. for review and comment on. the Westinghouse optimized fuel assembly in advance of a formal submittal for NRC approval.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse

'as it would reveal the descript'ion of the approved design, the

,comparison of the improved design with the standard design, the nature of the tests conduc'ted, the test conditions, the test results and the conclusions of the testing program,

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'5-AW-78-23 all of which is recognized by the Staff to be of competitive

'1 value and because of the large amount of effort and money by Westinghouse over a. period of several years in 'xpended carrying out this particular development program. Further, it would enable competitors to use the information for coamerciaI purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westing-house to use the information.

Information regarding its development programs is valuable to Mestinghouse because:

(a) Information resulting from its developme'nt programs gives Mestinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure to protect the Mestinghouse competitive position.

(b) It is information which is marketable in many ways. The extent to which such information is available to compet-itors diminishes the Westinghouse ability to sell products and service s involving the use of the information.

(c) Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each compo'.ent of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

AM-78-23 (e) The Mestinghouse capacity to invest corporate assets in l.

research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information might not be discovered by tPe competitors of Westinghouse independently. 'o duplicate this infor-mation, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of- Westinghouse to develop the design.

Further the depon'ent sayeth not.

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