ML19350D919

Submits Application for Withholding Proprietary Info from Public Disclosure.Affidavit Encl

ML19350D919
Person / Time
Site:	Waterford
Issue date:	05/13/1981
From:	Vaccaro F WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton, Tedesco R Office of Nuclear Reactor Regulation
Shared Package
ML19262F455	List: ML19350D918 ML19350D919 ML19350D920
References
AW-81-1, NUDOCS 8105260451
Download: ML19350D919 (9)

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t AW-81-1 May 13, 1981 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation Attn: Robert Tedesco '

l Licensing Projects, Branch #2 US NRC Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY 4 INFORMATION FROM PUBLIC OISCLOSURE

SUBJECT:

Louisiana Power & Light - Waterford 3 Docket #50-382 Tuebine Disc Material Properties Dear Mr. Tedesco 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. Withholding from i 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, STG.

The affidavit accompanying this application sets forth the basi: on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in i paragraph (b)(4) of Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.

Very truly yours,

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. % Vaccaro Low Pressure Disc Task Force 4C0401d .

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Ref: AW-81-1 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DELAWARE:

Before me, the undersigned authority, personally appeared F. R. Vaccaro, ,

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:

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. R. Veccaro, Manager Low Pressure Disc Task Force l

Subscribed and attested before me on the 13th day of May, 1981.

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% NOTARY PUBf' I'NICUM T@. CELAWARE COUNIT vv CCMu'S3fCN E#:RES JULY 18. Ot3

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Ref: AW-81-1 (1) I am Manager, in the Steam Turbine Generator 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 disclosure in connection with nuclear power plant licensing, and am authorized to apply for its withholding on behalf of the Festinghouse Power Generation Divisions.

(2) I mn making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Connission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Power Generation Divisions 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 consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be 1

withheld.

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

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t (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 ccinection,. utilizes a system to determine when and whether to hold certain types of infonnation 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 follows:

(a) The information reveals the distinguishing aspects of a process (or ccmponent, structure, tool, method, etc.)

where prevention of its use by any of Westinghouse's l

competitors without license from Westinghouse constitutes 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 competitive economic advantage, e.g., by optimization or improved marketability. .

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(c) Its use by a competitor would reduce his expenditure or 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 capacities, budget levels, or comercial 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 comercial value to Westinghouse.

(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.

l (h) Public disclosure of this information would allow l

l unfair and untruthful judgments on the performance and reliability of Westinghouse equipment components and improper comparison with similar components made by l

Competitors.

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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 position.

(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 infonnation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

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(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 ccuntries.

(f) The Westiraghouse capacity to invest corporate assets in research and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 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 this submittal is that which is appropriately marked as Enclosure 1 to letter from Lea Maurin to Tedesco, dated May 14, 1981 concerning information in response to NRC request for information relative to low pressure turbine disc integrity.

I The information enables Westinghouse to:

i (a) Develop test inputs and procedures to satisfactorily verify the design of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.

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Further, the information has substantial comercial value as

. follows:

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

(b) Westinghouse uses the information to verify the design of equipment which is sold to customers.

(c) Westinghouse can sell services based upon the experience gained and the test equipment and methods developed.

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 design, manufacture, verify, and sell electric 1 equipment for comercial turbine-generators without commensurate expenses. Also, public disclosure of the information would enable others having the same or similar equipment to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.

This could only be duplicated by a competitor if he were to

' invest similar sums of money and provided he had the I

appropriate talent available and could somehow obtain the requisite experience Further the deponent sayeth not.

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