ML18141A255
| ML18141A255 | |
| Person / Time | |
|---|---|
| Site: | Surry, North Anna, 05000000 |
| Issue date: | 10/19/1983 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton, Eisenhut D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML18141A254 | List: |
| References | |
| AW-76-31, CAW-83-90, NUDOCS 8312060315 | |
| Download: ML18141A255 (10) | |
Text
Westinghouse Electric Corporation Water Reactor Divisions Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014 Nuclear Technology Division Box355 Pittsburgh Pennsylvania 15230
- October 19, 1983 CAW-83-90
Reference:
VEPCO Letter to NRC, dated October, 1983 Attention~ Mr. Darrell G. Eisenhut, Director Division of Licensing
Dear Mr. Denton:
APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE The proprietary material for which withholding is being requested by Virginia Electric Power Company (VEPCO) is of the same technical type as that proprietary material submitted by Westinghouse previously in application for withholding AW-76-31, and was accompanied by an affidavit sig.ned by the owner of the proprietary infonnation, Westinghouse Electric Corporation.
Accordingly, this letter authorizes the utilization of the previously furnished affidavit in support of VEPCO.
A copy of the affidavit is attached.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-83-90 and should be addressed to the undersigned.
M. R. Adler/ds Attachment cc:
E. C. Shomaker, Esq.
Very truly yours,
~
ob t A. Wiesemann, Manager egulatory & Legislative Affairs Office of the Executive Legal Director, NRC
~*.
i 8312060315 831123 r
PDR ADOCK 05000280 p
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AW-76 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
- Before me, th6* undersigned authority, personally appeared Robert A. Wiesemann/ who, being by me duly sworn accon!ling to la*w, de-poses and says that h~ is authori_zed to execute_ this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") c:nd.that the. aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information~ and belief:
Sworn to and subscribed befo m~ this ~
.... :r day
.of 1976.
-.!.iC
. 1,.. __ ac.f\\o, &;OUN rt 4J&Ltk~~~u-,;)
Robert A. Wiesemann, Manager.
LicensiJ19 Programs ll't t0Mt.\\lSS10I~ EXPIRES APR. 15,' 1978
-
- AW-76-31 (1) * *1_am Manager, Licensing Programs, in the Pressur1zed Water Reactor Systems Division, of Westinghouse Electric Corporation.and _as such, I have been specifically delegated the function of reviewing.the proprietary information sought to be wit~held from public dis-clos~re in connection with nuclear powe*r plant licensing or rule-making proceedings*, and am authorized to apply for its withholdirJg on behalf of the Westinghouse Water Reactor Divisions.
(2) I am making this Affidavit in confonnance with the provisions of 10 CFR Section 2.790 of the Commission's regulation~ 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 Westinghous*e Nuclear Energy Systems 'in. designating 1nformatipn as a trade s~cret, privileged or as confidential corrmercial or financial infonnation.
- 4 (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 infonnation sought.to be withheld fr~~ public disclosure is owned and has been he 1 d in confidence by Westinghouse.**
- -----------~
- AW-76-31 (ii) The information is of a type customarily held in *confidence by Westinghouse and not customarily d_isclosed 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 certai_n types of information in confidence.
The aµplication 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.
.e
-. AW-76.-31 *
(c) Its use by a competitor would reduce his. expenditure of resources or improve his competitive position in the design, manufacture, shipment, installatio~, assurance of quality, or licensing a similar product.
- (d) It reveals cost or price infonnation, production cap-acities, budget levels, or corranercial 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.
-cf) It contains patentable ideas,. for which patent pro=
tection may be desirable.
(g) It is not the property of We~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 inc1ude the following:
-~
(a) The use of such information by Westinghouse gives Westinghouse a competitive advan~age over its com-petitors. It is, therefore, wJthheld from disclosure to protect the Westinghouse competitive position.
/
- AW-76-31 (b) It is infonnation 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 infonnation.
(c) Vse 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 competitiv~ advantage is potentially as valuable as the tot~l competitive advantage. lf competitors acquire components*of proprietary infor-mation, any one component may be the key to the enti~~
puzzle, thereby depriving Westinghouse of a competitive advantage.
'
- 4 (e) Unrestricted disclosure would jeopardize the position
- of prominence of Westinghouse in the world market, and thereby give a ma~ket advantage to the competition in those countries.
(f) The West1nghouse capacity to invest corporate assets in research _and development depends upon the success in obtaining and maintaining a competitive advantage.
l
_;6-AW-76-31 (iii) The infonnation is being transmi~ted to the Commission in confidence and,* u~der the provisions of 10 *CFR Section *2.790, it is to be received in confidence by the COII1nission.
(iv)- The infonnation 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 appropri'ately marked in the attach-ment to Westinghouse letter No. NS-CE-1142, Eicheldinger to Eisenhut dated July 27, 1976 concerning reproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27, 1976 on the subject of Westinghou~e Reload Safety Evaluation Methodolo~.
This information enables Westinghouse to:
(a) Justify the design for the reload core
- 4 (b).* Assist its customers to obtain licenses (c-) Meet contractual requirements (d) Provide greater flexibility to customers assuring them of safe and reliable opei:-ation.
J
. e
- AW-76-31 Further, this infonnation has substantial co11111ercial.value as follows:
(a) Westinghouse sells the use of the information. to its customers for purposes of meeting NRC requirements for licensing documentation.
(bj Westinghouse uses the information to perform and justify analyses which ar~ sold to customers.
(c) Westinghouse uses the information to sell nuclear fuel and related services to its customers.
Public disclosure of this information is likely to cause sub-stantial harm to the competitive positfor. of Westinghouse jn selling nuclear fuel and related services.
Westinghouse retains a marketing advantage by virtue of the knowledge, experience and competence it bas gained through long involvement and considerable investuent in all aspects of the nuclear power generation *industry. In particular.
Westinghouse has developed a unique understanding of the
. factors and parameters whi.ch are variable in the process of design of nuclear fuel and *which do affect the in service perfonnance of the f ue 1 and its s ui tabi lity for. the pu.rpose for which it was provided.
_J
.i'
- AW-76-31 In all cases that purpose is to generate energy in a safe and efficient manner while enabling the operating*nuclear gener-ating station to meet all regulatory requirements affected by the core loading of nuclear fuel. Confidence in b~i_ng able to
- accomplish.this comes from the exercise of judgement based on
.experience.
Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be performed and in the methods and models used to perform these analyses.
A substantial part of this competitive advantage will be lost if the competitors of Westinghouse are able to use the results of the Westinghouse experience to normalize or verify their own process or if they are able to claim an equivalent under-standing *by demonstrating that th~y can arrive at the same;or similar conclusions.
Its use by a competitor would reduce his expenditure of resources or*imp~ove his competitive,
position in the d~sign and licensing of a similar product..
This* information is a product of Westinghouse design technology.
As such, it is broadly appl.icable to the sale and licensin_g of fuel in pressurized water reactors. The development of this information is the result of many years of Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this process
a
. (
- AW-76-31 would *require the investment ~f substantially the same amount of effort and expertise that Westi°nghouse possesses and which was acquired over a period of more than fifteen years and by the investment of millions of do 11 ars.
Further the deponent sayeth not.
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