ML19324C423

Application for Withholding Proprietary Info in WNEP-8926, Rev 0, San Onofre Units 2 & 3 Fuel Rack Seismic Analysis for Final Pool Layout, from Public Disclosure,Per 10CFR2.790

ML19324C423
Person / Time
Site:	San Onofre
Issue date:	10/24/1989
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML13304A439	List: ML13304A438 ML19324C423 ML19324C424
References
CAW-89-104, NUDOCS 8911160295
Download: ML19324C423 (9)

Text

- -

7 5

Nuclear and Advanced Westinghouse Energy Systems ,

Electric Corporation *h" '* D'* 8' "

Box 355 Pmsburgh Pennsylvania 15230 0355 October 24, 1989

. CAW-89-104 Dr. Thomas Murley, Director s Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 P'"_ICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE F

Subject:

Transmittal of Additional Information Relative to San Onof re Units 2 and'3 Fuel Rack Seismic Analysis

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by Southern California Edison Company is further identified in Affidavit CAW-89-104 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations. ,

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Southern California Edison Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-104, and should be addressed to the undersigned.

Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION

<I e ( 4 Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC _

l go9 l 8911160?9089 hDR ADOCK 05 PDC BOO 361

y.-- -~

L ,

)

L, , d I' ,,

i -

, CAW-89-104 j I

AEE1DAUI COMMONWEALTH OF PENNSYLVANIA:

< ss COUNTY OF ALLEGHENY: ,

i l

, n 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 s

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: i l

I

/

) '

// d Jitiid n : L ht i L Robert A. Wiesemann, Manager 1

Regulatory and Legislative Affairs L

r Sworn to and subscribed before me this 7B Iay l of Oc M uk 1989. ,

i l

L l

L

'W/ . A

! Notary Public NOTAR!AL SEAL LoARA!NE M PiPLICA,740TARY PUBLIC

l. MONRCEVILLL DORO, ALLEGHENY COUNTY MYCOMM;S$;ON EXP;AEL DEC 14.1H1 l

r

. Member Pines /vr e hsccd*.n cifj2cs

v ,

t .

i CAW 89-104 I 2-l l

1 j

(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear i and Advanced Technology Division, of the Westinghousa Electric Corporation and as such, I have been specifically delegated the functica of reviewing the proprietary information sought to be withheld from public disclosure in !

!' connection with nuclear power plant licensing and rulemaking procecdings, and am authorized to apply for its withholding on-behalf of the Westinghouse Energy Systems Business Unit.

(2).1 am making this Af fidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the

~ Westinghouse applicttion for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privilaged 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 consideration by the Commission in determining whether the information sought to be withheld #

from public disclosure :hould be withheld.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

L 1

l~

l l

l

pu' i

b e CAW-89 104 1

'c (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghnuse 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 competitive advantage, as foilows:

(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 constitutes a competitive economic advantage over other companies.

l l (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 l advantage, e.g., by optimization or improved marketability.

L 1 .

l l

l l

q ,. .,; 7 - - - ,

?

/

\

l i l L CAW-89-104

\

y t (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.

1 (d). It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers. >

(e) . It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghotse.

(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.

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 competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive

'M position.

i.

.i  ;

I

-5 CAW-89 104 i

s (b) It is information which is .7,arketable in many ways. The extent i to which such information is avaiiuble to competitors diminishes

)- the Westinghouse ability to sell products and services involving the use of the information. l 1

(c) Use by our competitor would put Westinghouse at a competitive l l

disadvantage by reducing his expenditure of resources at our expense.  ;

(d) Each component of proprietary information pertinent to a i particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be 1 the key to the entire puzzle, thereby depriving Westinghou:e 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 of those countries.

(f) The Westinghouse capacity to invest corporate assets in research l and development depends upon the success in obtaining and maintaining a competitive advantage.

_ .- #y., ,- -.- - . . _ . .

l .o e > ,, .

I y

l-CAW 89-104 l

l

-(iii) The information is being transmitted to the Commission in l L 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 irformation has not been previously employed  ;

in the same original manner or method t.o the best of our knowledge and belief.

(v) The proprietary information scught to be withheld in this submittal is that which is appropriately marked in

" San Onofre Units 2 & 3 Fuel Rack Seismic Analysis for Final Pool Layout", WNEP-8926 Revision 0, October, 1989, (Proprietary), for San Onofre Nuclear Generating Station, Units 2 & 3, being transmitted by the Southern California Edison (SCE) Company letter and Application for Withholding Proprietary Information ,

from' Public Disclosure, Kenneth Baskin, SCE, to USNRC Document Control Desk Attention Tom Murley, February,1989. The proprietary information as submitted for use by Southern l California Edison Company for the San Onofre Units 2 & 3 is

! expected to be applicable in other licensee submittals in 1

response to certain NRC requirements for justification of l

obtaining licensing approval for spent fuel storage racks.

I 1

l l

1 1

1 l

t l'

ll l:

l

m- .- , , - -

.. w . .

k:

, j f 06 .'

V u .'

o ';; .

.;,. ,s3 i

.2 CAW 89-104 t.

, ~ - -

Lt i This information is part of that which will ensble Westinghouse

!./

to:

ll0 (a) Provide documentation of the analysis methods- and parameters jh for determinin'g spent fuel rack dispiacements during a seismic event.

(b) Assist the customer to obtain NRC licensing approval. ,

Further this information has substantial commercial value as follows: -

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse can sell support and defense of the technology to its customers in future spent fuel rack orders.

Public disclosure of this proprietary information is likely to L cause substantial harm to the competitive position of I Westinghouse because it would enhance the ability of competitors l to provide similar analytical methodology and licensing defense services for commercial power reactors without commensurate L expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for L licensing documentation without purchasing the right to use the I

inforniation.

L l'

l l

L

g .. ,

t m A

l': >

r s CAW-89-104 o

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 technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for testing and methodology development.

l L

Further the deponent sayeth not.

l l l l

l L

l l

. _ __ _ _ - . . -. ._ - . -