ML18018B807
| ML18018B807 | |
| Person / Time | |
|---|---|
| Site: | Harris  |
| Issue date: | 09/18/1984 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Thomas C Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML18018B806 | List: |
| References | |
| AW-84-87, NUDOCS 8411120366 | |
| Download: ML18018B807 (10) | |
Text
Westinghouse Electric Corporation Water Reactor.
Divisions Bor 355 PittsburghPernsyhrania15230 Dr.
C.
0.
- Thomas, Chief
'tandardization and Special Projects Branch Division of Licensing U; S.
Nuclear Regulatory Commission Washington D.
C. 20555 September 18, 19@
AW-84-87 ii(e(cq QoO 33BJECT:
Topical Reports WCAP-10665-P and WCAP-10666, "Excore Axial Power Honitoq" Westinghouse Letter no.
NS-EPR-2959, Rahe to Thomas, dated September 18, 1984 REF:
The affidavit previously provided to justify withholding the proprietary information in the subject topical report, AW-80-68, a copy of which is
- attached, is equally applicable to this material.
The referenced affidavit was submitted by Westinghouse letter No.
NS-THA-2337, Anderson to Tedesco, dated Nov'ember 7, 1980.
Accordingly, it is respectfully requested that the subject information which is
'proprietary to Westinghouse be withheld from public disclosure in accordance
~
with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to this application, for withholding or the accompanying affidavit should reference AW-84-87 and should be addressed to the under signed.
Dear Dr.
Thomas:
This application for withholding is submitted by'westinghouse Electric Corporation ("Westinghouse" ) pursuant, to the provisions of paragraph (b) (1) of-Section 2.790 of the Commission's regulations.
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l'ery truly yours, Robert A. Wiesemann, Hanager Regulatory b Legislative Affairs
/m cc:
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C.
- Shomaker, Esq.
Office of the Executive Legal Director, NRC 8411120366 840918 PDR ADOCK 05000400 A
AW-80-68 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF ALLEGHENY:
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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 knowl'edge, information, and belief:
a g~l~af~ro Q Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 4
day of 980.
Notary kbl
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' AW-80-68 (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 connecti'on 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.
J (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 commerical 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 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.
AW-80-68 (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 improved marketability.
AW-80-68 (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.
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(f) It contains patentable ideas, for which patent pro-tection may be desirable.
(g) It is not the property of Wes'tinghouse, 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.
AW-80-68 (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 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.
AW-80-68 (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 is not available in public sources to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in'his sub-mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-TNA-2337, Anderson to
- Tedesco, dated November 7, 1980, concerning information re-lating to NRC review of the Westinghouse treatment of the Boron Dil.ution transient at Comanche Peak.
The letter and attachment are being submitted in response to the NRC: request at the October 15, 1980,NRC/Westinghouse Texas Utility Services Inc. meeting.
p E I
This information enables Westinghouse to:
(a)
Justify the Westinghouse design.
(b)
Assist its customers to obtain licenses.
(c)
Provide operational flexibilityto customers when not at power assuring them of safe and reliable operation.
- Further, the information gained from the Westinghouse treat-ment is of significant commercial value as follows:
AW-80-68 (a)
Westinghouse uses the information to perform and justify analyses which are sold to customers.
(b)
Westinghouse sells analyses and the resulting electronic devices.
h Public. disclosure of this information concerning analysis methods and functional requirements is likely to cause sub-stantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess, and justify their own designs without commensurate expense.
The parametric analyses performed and their evaluation re-present a considerable amount of highly qualified develop-ment effort.
This work was contingent upon a program. which has been underway for the past four months.
Altogether, a
substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available.
Further the deponent sayeth not.
bat.e ~eceLveu SPECXAL HANDLXNG REQUXRED Sys (Circle one or more)
Coders Availability of Nother Availability of Daughter
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Backfit:
.YES NO Others:
I Data Entry
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'xpedite.YES Others:
50 DDC Change availability to PDR:
YES Other:
NO Micrographics Film Entire duplicate document:
YES NO Accession Number Change microfilm address:
YES NO Availability of Mother ~
Availability of Daughtery o
Oversi xe enclosure:
YES NO Availability~
Film for tub Others:
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Xf there are any questions, contact Joyce
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