ML18018B433

Application for Withholding Proprietary Drawings 2342D26, Dmins Accelerometer Details & 1606E41, Recommended Incontainment Equipment Installation, Per 10CFR2.790

ML18018B433
Person / Time
Site:	Harris
Issue date:	07/12/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Berlinger C Office of Nuclear Reactor Regulation
Shared Package
ML18018B432	List: ML18018B431 ML18018B433 ML18018B434
References
CAW-83-55, NUDOCS 8311040037
Download: ML18018B433 (9)

Text

Westinghouse Water Reactor Nuclear Technology Oivisfon Electric Corporation Divisions Box 355 PittsburghPennsytvanla t5230 July 12, 1983 Mr. C. H. Berlinger, Chief CAW-83-55 Core Performance Branch U.S. Nuclear Regulatory Commission Docket No. 50-400 Phillips Bui.lding 50-401 7920 Norfolk Avenue Bethesda, Maryland 20014 Attn: L. E. Phillips

SUBJECT:

Application for Withholding Proprietary Information from Public Disclosure REF: Carolina Power and Light Company Letter (Application for Withhold-ing), July 1983

Dear Mr. Berlinger:

The proprietary material for which withholding is being requested by. Carolina Power and Light Company is proprietary to Westinghouse and withholding is requested pursuant to the provisions of paragraph (b)(l) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.

The undersigned has reviewed the information sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, WRD, notifi-cation of which was sent to the Secretary of the Commission on April 19, 1976.

The previously submitted affidavit, CAW-82-32, accompanying this application sets forth the basis on which the information may be withheld from public dis-closure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

Accordingly, this letter authorizes the use of the proprietary information and affidavit CAW-82-32 by the Carolina Power and Light Company for Shearon Harris Units 1 and 2.

Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-83-55 and be addressed to the under-signed.

R

( 83ii040037 831028 PDR ADOCK E

05000400 PDR

/bek Robert A. Wies ann, Manager Enclosure Regulatory 8 Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

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I

32 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, thanager Regulatory and Legislative Affairs Sworn to and subscribed before me this day of 1982.

Notary Public

32 (1) I am Manager, Regulatory and Legislative Affairs, 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 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) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying 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 by the Commission in determining whether the in- 'onsideration 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.

CAW-82-32 (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 com-petitive 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 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'mproved marketability.

CAW-82-32 (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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection 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.

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.

CAW-82-32 (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 disadvaritage 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 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.

32 (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 pre-viously 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 Analytical Assessment for Effects of Loose Parts being transmitted by the Commonwealth Edison Company letter (Ap'plication for With-holding), Lentine to Eisenhut, June 1982. The proprietary information as submitted is expected to be applicable in other licensee and applicant submittals in response to NRC requirements for justification of the vessel internals integrity, design and operation.

This information is 'part of that which will enable Westing-house to:

(a) Provide documentation of the design, investigation and analysis for continued product integrity.

(b) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as follows:

W-82-32 (a) Westinghouse plans to use similar information for its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse can provide support and defense of the technology to its customers in the licensing process.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-ments without purchasing the right to use the information.

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 programs would have to be performed with significant manpower effort, requisite talent and experience, and would have to develop analytical and physical tools.

Further the deponent sayeth not.