ML20002D915

Forwards Proprietary & Nonproprietary Versions of Revision 1 to Environ Qualification of Safety-Related Electrical Equipment/NUREG-0588. Proprietary Version Withheld (Ref 10CFR2.790).Westinghouse Affidavit Encl

ML20002D915
Person / Time
Site:	Summer
Issue date:	01/15/1981
From:	Nichols T SOUTH CAROLINA ELECTRIC & GAS CO.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML20002D916	List: ML20002D915 ML20008D282
References
RTR-NUREG-0588, RTR-NUREG-588 NUDOCS 8101230406
Download: ML20002D915 (9)

Text

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' / / SOUTH CAROLINA ELECTRIC a GAS COMPANY POST OFFtCE BOX 764 CotuMetA, south CAnoLINA 29288 g g ,tj T. C. NicHo Ls, J n. O /

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% %f h$6(e6 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation Qe U. S. Nuclear Regulatory Commission a Washington, D. C. 20555 9' e5

Subject:

Virgil C. Summer Nuclear Station Docket No. 50/395 NUREG-0588 Revision 1

Dear Mr. Denton:

In our September 24, 1980 letter, South Carolina Electric and Gas Company (SCE&G) filed forty-five (45) copies of Information Related to Electrical Equip-ment Qualification (Non-Proprietary); twenty (20) copies of Information Related to Electrical Equipment Qualification (Proprietary) required by NUREG-0588. By this letter, SCE&G provides revision 1 to these documents. Also, one (1) copy of Westinghouse Affidavit CAW-80-31 (Non-Proprietary) is provided. This revi-sion includc updated tables, equipment, specific Westinghouse positions with q respect to NUREG-0588, and tables listing Westinghouse supplied equipment i inside and outside containment.

As this submittal contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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 Cection 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations. Correspondence with respect to the proprietary aspects of this application for withholding or the supporting Westinghouse affidavit should reference CAW-80-31, and should be addressed to R. A. Wiesemann, Managar, Regulatory and Legislative Affairs,.

Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230.

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Mr. Harald R. Dent::n January- 15, 1981 Page Two If you require any additional information, please let.us know.

Very truly yours, T. C. Nichols, Jr.

RBC:TCN:glb Enclosures cc: V. C. Summer w/o enclosure G. H. Fischer w/o enclosure T. C. Nichols, Jr. w/o enclosure E. H. Crews, Jr.

O. W. Dixon, Jr.

W. A. Williams, Jr.

O. S. Bradham D. A. Nauman R. B. Clary A. R. Koon A. A. Smith J. B. Knotts, Jr. t J. L. Skolds B. A. Bursey NPCF/Whitaker File H. Yocum J. Cookingham i

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CAW-80-31 AFFIDAVIT C0te0NWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 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, infomation, and belief:

hl 0 214A1A Robert A. Wiesemann, Manager Regulatory and Legislative Affairs 4

Sworn to and subscribed before me this /< day of n, _1980.

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,o CAW-80-31 l (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology 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 dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and precedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential connerical or <

financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the fdllowing is furnished for

, consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld. .

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

CAW-80-31 i

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

I Westinghouse has a rational basis for detemining the types of infonnation customarily held in confidence by it and, in that connection, utilizes a system to detennine when and l 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 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.

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CAW-80d31 u,

l' 1 Its use by a competitor would reduce his expenditurc l

(c) ,

l of resources or improve his competitive position in the.

I design, manufacture, shipment, installation, assurance l of ciuality, or licensing a similar product.

(d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

1 i (e) It reveals aspects of past, present, or future West-inghouse or customer funded development plaris and pro-l grams of potential comercial .value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-

• taction 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:

l (a) The use of such infomation by Westinghouse gives I Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is information which is marketable in many ways.

The extent to which such infomation is available to comoetitors 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 infor-

- mation, ary one omponent may be the key to the entire ,

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'- puzzle, thereby depriving Westinghouse of a competitive l

advantage.

(e) Unrestricted disclosure would jeopardize the position f of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success ,

in obtaining and maintaining a competitive advantage. f I

CAW-80-31 (iii) The information is being transmitted to the Connission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence b.v the Connission.

(iv) The infonnation sought to be protected 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 appropriately marked infonnation provided to Westinghouse utility customers in WCAP-9745 entitled "Results of Westinghouse Review of Environmental Qualifi-cation References for WRD Supplied Category II Equipment with Respect to the Staff Positions in NUREG-0588" for their use in responding to the NRC request to review their qualification programs against the standards established in NUREG-0588. ,

This infonnation enables Westinghouse to:

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(a) Develop test inputs and procedures to sa,tisfactorily l

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verify the design of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.

Further, the infonnation has substantial connercial value

, as follows:

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

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CAW-80-31 l

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

(c) '4estinghouse can sell testing 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 electrical equipment for com-mercial power reactors 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.

The development of the equipment described in part by the information is the result of many years of development by We stinghouse 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 appropriate talent available and could somehow obtain the requisite experience. i

- 1 Further the deponent sayeth not.

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