ML19351F465
| ML19351F465 | |
| Person / Time | |
|---|---|
| Site: | Yankee Rowe |
| Issue date: | 11/07/1980 |
| From: | Gaul R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Crutchfield D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19351F464 | List: |
| References | |
| AW-80-28, NUDOCS 8101130135 | |
| Download: ML19351F465 (9) | |
Text
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Sw N me Westinghouse Power Generation Electric Corporation Group a, 4,e, g,..
- " NW 3" AW-80-28 November 7, 1980 Mr. Dennis M. Crutchfield, Chief Operating Reactors, Branch #5 Division of Licensing Office of Nuclear Reactor Regulation US NRC Washington, DC 20555 APPLICATION FOR WITHHOLD NG PROPRIETARY INFORMATION FROM PUBLIC DISCL0cVRE
Subject:
Yankee Atomic Electric Power - Rowe #1 Docket #50-29 Turbine Disc Material Properties
Dear Mr. Crutchfield:
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 public disclosure is requested with respect to the subject infomation which is further identified in the affidavit accompanying this application.
The undersigned has reviewed the infomation 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 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 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, q
R. W.
aul Low Pressure isc Task Force Attachment
- dfs s l o 1130 ISS.
Ref:
AW-80-24 ArFIDAVIT COW ONWEALTH nr PENNSYLVAulA C00MTY OF DELAWARE:
Refore me, the undersioned authority, personall_y acoeared R. W. Gaul, who, beina by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinahouse Electric Corooration (" Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his i
knowledge, information, and belief:
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l R. W. Gaul, Manaaer Low Pressure nisc Task Force n
,1 Subscribed and attested before me on the 8th day of Seotember, 1980.
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F05tM4F:E I. SAFFA,le0TARY PUEllC
/j flNICOM T*P., DtL4 WARE COUNTY V
MY COMMISSt'JN DPiPES JULY 18,1943
Ref: AW-RO-24 I am Manaaer, in the Steam Turbine Generator Division of (1)
Westinahouse Electric Cornoration and as such, I have been delecated the function of reviewinq the pronrietary soecifically information souaht to be withheld from nublic disclosure in connection with nuclear power plant licensino, and am authorized to for its withholdina on behalf of the Vestinghouse Dower aonly Generation Divisions.
I am makina this Affidavit in conformance with the provisions of 10
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CFR Section 2.790 of the Comission's reculations and in coniunction with the Westinahouse application for withholdina accomoanyina this Af fidavit.
I have oersonal knowledne of the criteria and procedures utilized (3) by Vestinnhouse Power Generation 91 visions in desianatina information as a trade secret, orivileaed or as confidential comercial or financial information Pursuant to the orovisions of oaraaraoh (b)(4) of Section 2.790 o (a) the Commission's reaulations, the followina is furnished for consideration by the Comission in determinino whether the information sought to be withheld from public disclosure should be withheld.
The information souaht to be withheld from public disclosure (i)
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e is owned and has been held in confidence by Westinghouse.
(ii)
Ine information is of a tvoe customarily held in confidence by Westinchouse and not customarily disclosed to the nublic. Westinghouse has a rational basis for determinina the tvoes of information customarily held in confidence hv it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The apolication of that system and the substance of that system constitutes Westinghouse nolicy and provides the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several tyoes, the releare of which mioht result in the loss of an existinn or potential comoetitive advantaae, as follows:
(a) The information reveals the distinouishina asnects of a l
orncess (or comonnent, structure, toni, method, etc.)
f where prevention of its use by any of Westinohouse's comoetitors without license from Westinghouse constitutes a competitive economic advantaqe over other companies, i
(b)
It consists of supportina data, includina test data, relative to a process (or component, structure, tool, method, etc.), the aoplication of which data secures l
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9 comnetitive economic advantaae, e.g., by optimization or imoroved marketability.
(c)
Its use by a comoetitor would reduce his expenditure or resources or imorove his competitive nosition in the desian, manufacture, shioment, installation, assurance of auality, or licensino a similar product.
(d)
It reveals cost or price information, oroduction capacities, budget levels, or commercial strateaies of Westinabouse, its customers or sucoliers.
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It reveals asoects of past, present, or future Westinghouse or customer funded development plans and proarans of potential commercial value to Westinahouse.
(f)
It contains natentable ideas, for which oatent protection may be desirable.
(a) It is not the croperty of Vestinabouse, but must he treated as prontietary by Westinahouse accordina to i
I aareements with the owner..
l (h) Public disclosure of this information would allow unfair and untruthful judaments on the performance and reliability of Westinghouse eauipment comoonents and improper comparison with similar components made by competitors, l
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There are sound policy reasons behind the Westinahouse system which include the followina:
(a) The use of such information by Westinchouse af ves Westinahouse a comoetitive advantaae over its comoetitors.
It is, therefore, withheld from disclosure to orotect the Westinahouse competitive position.
(b)
It is information which is marketable in many ways.
The extent to which such information is available to comoetitors diminishes the Vestinahouse ability to sell nroducts and services involvinq the use of the information.
(c) Use hv our comoetitor would out Westinahouse at a connetitive disadvantane by reducinq his exoenditure of l
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resources at our expense.
(d) Each component of proprietary information pertinent to a particular competitive advantaae is potentially as valuable as the total competitive advantage.
If competitors acquire components of oroprietary information, any one component may be the key to the entire ouzzle,.thereby deprivina kestinghouse of a i
comoetitive advantaae.
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(e) Unrestricted disclosure would,ieooardize the position of prominence of Westinahouse in the world market, and thereby give a market advantaae to the competition in those catintries.
(f) The Westinghouse 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 2.700, it is to be received in confidence by the Commission.
(iv)
The information is not available in public sources to the best of our knowledae and helief.
The cronrietary information souaht to he withheld in this (v) subm ttal is that which is approoriately marked as Enclosure 1 to letter from J. Kay to Crutchfield, dated Sept. 5,1980 t
concerning information in resoonse to NRC request for l
information relative to low pressure turbine disc integrity.
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The information enables Westinahouse to:
Dev? lop test inputs and procedures to satisfactorily (a) ve'ify the desian of Westinnhouse sucolied eonisment.
(b) Assist its customers to obtain licenses.
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Further, the information has substantial commercial value as follows:
(a) Westinghouse can sell the use of this information to custo'aers.
(b) Mestinghouse uses the information to verify the design of equipment which is sold to customers.
(c) Westinchouse can sell services based uoon the experience aained and the test equioment and methods developed.
Public disclosure of this information is likely to cause substantial harm to the competitive Dosition of Vestinahouse because it would enhance the ability of competitors to desian, manufacture, verify, and sell electric 1 eouionent for commercial turbine-generators without commensurate Also, public disclosure of the information would expenses.
enable others having the same or similar enuionent to use the information to meet HRC reautrements for licensing documentation without purchasina the right to use the information.
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e The development of the eouinment described in part hv the information is the result of many years of development by Westinchouse 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 aporopriate talent available and could somehow obtain the recuisite exoerience Further the deponent sayeth not.
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