ML18085A917

Requests That Proprietary Info Re Equipment Qualification Programs & Thermal Environ Qualification Curve Be Withheld (Ref 10CFR2.790).Original Affidavit AW-76-39 Dtd 760903 Encl

ML18085A917
Person / Time
Site:	Salem
Issue date:	08/27/1976
From:	Weisemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Stolz J Office of Nuclear Reactor Regulation
Shared Package
ML18085A914	List: ML18085A912 ML18085A915 ML18085A917 ML18085A918 ML18085A919
References
AW-76-39, NUDOCS 8102260624
Download: ML18085A917 (9)

Text

I

'* .. ***. e ... _

Wr.~tincrlinw:r. Powi:ir ~y::1 *:*!TI~ PWR ~yslc:ms 01'*i:.:1:x1 ElectriccorµorJ 1ion Company .. (lox 3~!J Pill~ri;h PLmsyl1~11J 1523!J Augu~ t 27, 1976

.* AW-76-39 Mr. John F. Stolz, Chief Light Water Reactors Project Division of Project ~anagcment Office of i:ucl~tir Recctor Regulation U. S. Nuclear Regulc:.':ory Car.mission

• 7920 liorfo l (. Avenue*

• Bethesda,* i*'.a ryl an_d ~'.0014

.APPL: CATTO~: FOP. WITHi-:OLDI::G PROPRI~TARY HffOR:*'./;.TIO:*: FRO:*l Pl!SLI C DI SCL~SU?.E

SUBJECT:

Westinghouse Equip~cnt Qualification Programs and ThErmal En vi ron:?:cnta l Qua l if i car.; on Curve REF: Westinghous~ Letter N6. NS-CE-1183, Eicheldinger to Stolz, qated August 27, 1976 This application for withholding is sub~itted b) Westinghouse Electric 1

Corporc:tion C \*!2stir.1~hou.se") pursuant to the previsions of parc.gr2ph (b)(l) of Section 2. 790 of the Coii::7iission 1 s n:gL lations._ ~*iithholdir.g from public disclosu~e is reques~ed with respect to the subject infor-mation which is furt*1er identified in the affid:vit accompanying this application.

The undersisncd has revie~ed the information soLght to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, HRD, notification of \':hich \*:Us sent lo the Sect*etury of the Con:;-;1ission on /\pril 19, 1976 .

.The affidJvit accompanying this application sets forth th0 basis on which the infonnJtio~1 r.:ziy be withheld fror.1 public disclosure by the Com1rission 2nd uddrcsscs *.-1ith specificity U;e. consice:rations list(:d in

_ puragrt?ph (Li)(4) of Section 2.790 of the Co~;iilis~ion's regulations.

I

.. 2- *1w~Jiiiit ?.7, 197G AH*:...39*

• Accordingly, it is re~pcctfully requested tlwt the *.ubject informJtion

\'lhicll is proprietilry to t*!cstin9housc und \*1hich is ftJrthcr identified iri the affidavit be withhc)d from public disclosur~.in accordance with 10 CFR Section 2.790 of the Cori~ission's regulations.

Corresponde,cc with resrcct to this application for withholding or the accompanying affidavit ~hould be addressed to the undersigned~

Very truly ycurs, 12.JiJJLrJw<Y-i~ w-:J Robert A. Wiese~ann, Manager Licensing P:ograms

/kek Enclosure cc: J. W. M~ynard, Esq.

Office of the Executive Leg a1 Di rector, fiRC I~

• . **e

. /\fTJ 01\VIT SS cournY OF ALLEGllf:-lY:

Before r.1e, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by l'ile duly S\*:orn according to la1v, de-poses and says t~~t he is auth9rized to execute this Affidavit on behalf of Westinghouse E~ectric Corporation C'~!estin]house 11 ) and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, info~raati~n, and belief:

• i>;'l{_.('rll

.vf;;'t 't'CJ~ '--'!;-_,.-("...;~. ~-:. u' 1

"._/ (! 1,!I / / ' / . J*

-Robert A. h'i es~m3.nn,

• Mana-g-er-.-'--

Licens i ng Programs

• I '

/. ... . .

/ rt

{1) I am Manager, Licen~ing Programs, in the PrcssLrized Waler Reactor Syst~ms Divi~ion, cf Westinghouse Electric Cor~oration and as such, I have been specifically delegated the functio1 of reviewing the proprietary inform2tion sought to be withheld frcm public dis-closu~e in connect~on with nucl~ar power plant lice~sing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Di1isions.

(2) I am making this A~fidavi*t in conformance with the provisions of 10 CFR Section 2.730 of the Coffi.":1ission 1 s regulations and in con-junction with the ~estinghouse application for withholding ac~

companying this Affidavit.*

(3) l have personal knm*11edge 'of the criteria* and procedures utilized*

uy Westinghouse ML!clec.r Energy Syster:1s in desigr.2~ing inforr.1ation as a trade secret, privileged or as confidential co~~ercial or financial information.

{4) Pursuant to the provisio~s of paragraph {b)(4) of Section 2.790

.of the Corr.mission's regulations, the followir.g is furnished for consideration by the Cor~;nission in detcrmini:ig v:hether the in-formation sought to be withheld from public disclosure should be with he 1d.

(i) The informa:ion sought to be \'dthheld fro:n p:..:blic disclosure is m*mcd and has b.ecn he 1d in confide nee by Hes t i_nghous e .

.. ..~

..... . .- . "***** *,*. *. . . .. . . :.-*-*... '* * : I ' ' .,:~ ~ * *,,,.,:. *

. .. *-~::*.- ..*,..

'. -**-. ~- .......... .

• -: e AH-76~39 *,

(iil The information is of Cl. type customaril~* held in confidence by Westinghouse and not customarily dis*;1oscd to the public. ..

Westinghouse has a rational b.:isis for dr:termining the types of i'nformution custor.Bri1y held in conf* dence by it and, in that connection, utilizes a system to d~termine when and whether to hold certain ty_pcs of informiltion in confidence.

The application of that system and the substance of that

_system constitut~s ~est~nghouse policy nnd provides thi rational busis required.

Under that system, information is held in confidence if it falls in 01e or more of several types; the release of v:hich might result in the loss of an existing or potential com-.-

petitive advantage, as follows:

'(a) The "tnform~tion reveals the distinguishing aspects of a process (or component, structure, tool, method, etc~)

where: prevention of its use by any of ~:estinghous*e's

• competitors without license fro~ Westinghouse consti-tutes a competitive economic advantage 6ver other

• compc. ni es.

(b) It consists of supporting data, including test data, relative to a process (or compone1,1t, structure, tool, method, etc.), the application of \*1hich data *secures a competitive economic advantage, e.g., by optimization or ir.1provcd mJrkctabflity.

v e .

AU-76-39 (c) Its use by a competitor would rcdu*:e his expenditure of r~sourccs or improve his cornp~t*;tivc.position in the design, mnnufacture, shipment, ins *.a 11 at ion, assurance of quality, or licensing a similar product.

(d) It reveals cost or price inf orma ti nn, production cap-acitics, budget levels, or cornmerci a1 strateg:es of We~tinghouse, its c;ustomers or suppliers.

• • • • (e) .It reveals aspects*of past, present, or future*\*!est-inghouse or cus~cmer funde~ develo?m2nt ~lans and pro-grams of potenti*al cor.-.-;:ercial value to .Westinghouse.

~ .

(f) It contains patent3ble ideas,* for whi~h patent pro-tectio~ may be desirable. *

(g) It is not the property of Westinghouse, but must be trca.1.ed as proprietary by Westinghouse according to agre(:ments with the O\'mer.

There arc sound policy reasons behind ~he Westinghouse ~

system \*!hich include the follmting:

(a) The use of such information by We:;tin.ghouse gives Westinghouse a cor.:petitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Wcstinghous~ competitive position.

l:.__*

~'.

' *' ~*~

'J

• -s- * ** - AH-7G-39

{b) It is infofmution which is marketable i~ ~any ways.

"The extent to v:hich such informl?tio1 is available to competitors diminishes the West{nghluse ability to

• sell products and services involvinJ the use of the infonna ti on.

( c) Use by our competitor \'/GUl d put Hes ti nsh~n;se at a competitive disadvu_ntage by reducing his expenditure of re:ources at our expens~.

(d) Each component of proprietary info:*maticQ pertinent to a partic~lar tc~petitivc adv2ntJge is potentially as valuable as t~e total co~petitive advantage. If competitors acquire compone~ts of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(c) Unre!;tricted disclosure \*:ould jeopardize the position of pro£!1inence*of ~*lestinghouse in the \*;orld market,~

and thereby give a market advanta3e t~ the competition in tnosc countries.

{f) The Westinghouse capacity to invest corporate assets in research and development depc~ds ~pori the success in obtaining and maintaining a competitive advantage.

I

• l . ' . . ..

lj . ~* " *. ' . ...

-G-(iii) The in**ormJtion is being trunsmittcd to the Con;;nis~ion in

.confidlncc ~nd, under th~ provisions of 10 CFR Section 2.790, it is ... o be received in confidence by the Cor1u11ission.

(iv) The infor~ation is not available in public sources to the best of our knowlcdg~ and belief.

(v) The prcpriet~ry info.rrnation sought to be \*lithheld in this submittal is that which is appropr~ately ~arked in the attachment to Westir.ghouse letter nu~:cr ~:S-CC:-1183, Eicheldir.9er to Sto1z, dated AuJust 27, 1976, concern1ng .~.'estinshoui:: equip:7-,2nt quali-(ic~tion progra~s and_therrnal enviror.~ental_qualifJcaticn curve.

The letter and attacr.~ent are being sut;nitted in respon*se to the

• NRC s request for infor~ation dater July 23, 1976.

1 This i.nforr;;~tion enables Westfoghct.:se to:

(a) De1elop test inputs and procedures to satisfactorily ve.~ify the design of Hestinghcuse supplied equipii:ent.

(b) As~ist its customers to obtain licenses.

Further, the *information has substantial coii:rnercial value as f o1101*1s:

(a) Westinghouse can sell the use of this information to customers.

l __ .

. I * *

. .. * **Ii,* ..

e AW-7G-39

~

~._..... ' ... }: ... ' ,"'"-'

.. 7_

(o) WcstinJhousc uses the informlltion to verify the design

of equipment v1hich* is sold to customers.

{c) Westinghouse can sell testing services t~scd upon the experience gained ar.d the test equip~cnt und ~ethods*

developed.

Public disclosure.of this informatio!I is 1ikr:1y.to cause substantia~ harm to the co~petitive position of Westinghouse because it \*1_oul d enhance the abi 1 i ty of ~or:;p:::t i tors to de-sign, manufacture, verify, and st:-11 electric:.1 equipment

• for commerc i a 1 power -reactors without co:T.7!ensur~ te ex~enses.

Also, public disilos~re of the inf6fmati~n w~ul~ ena~le  :

others having the sa~e or similar equ~p~cnt !o use the infor~

mation to meet NRC reqLlirements for lic~nsin; dcc0aentation without purchc.sing the right to use the info:i.ic.tion.

The devel )p:.:ent of the equipiiient described ir. part*by the inforrnati*)n is the result of many yec:rs of d2velop:.1ent by WestinghoJsc and the expenditure of ' considr:rcble sum of

- money.

This could_ only be duplicated by a competitor ir he were to invest similar sums of money and provided l-2 had the appropril':te talent avcJi1able and could someh:**.:: obtain the rcqui site experience.

Further the d~ponent su.yeth. not.