ML20012D539
| ML20012D539 | |
| Person / Time | |
|---|---|
| Site: | Comanche Peak  |
| Issue date: | 03/19/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19293A293 | List: |
| References | |
| AW-90-019, AW-90-19, NUDOCS 9003280025 | |
| Download: ML20012D539 (10) | |
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. Westinghouse Energy Systems Nuclear and Advanced
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Electric Corpor:: tion Box 355 Pmsburgh Pennsylvania 15230 0355 March 19, 1990 AW-90-019 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Comanche ~ Peak Unit 1 RCCA Repositioning
Reference:
NS-NRC-90-3499 1
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Dear Dr. Murley:
L The 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.
It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
-The affidavit previously provided to justify withholding proprietary i.
information in this matter was submitted as AW-89-030 and is equally applicable l
to this material.
Accordingly, it is respectfully requested that the subject 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 this application for withholding or the accompanying affidavit should reference AW-90-019 and should be addressed to the undersigned.
Very truly yours,
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RH0/lg Robert A. Wiesemann, Manager r
Enclosures Regulatory & Legislative Affairs cc:
K. Holzle, Esq.
Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation 9003280025.900319 U
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AW-89-030 J
'i COMMONWEALTH OF PENNSYLVANIA:-
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s.e COUNTY OF ALLEGHENYi l'
l; Before me, the undersigned authority, personally appeared
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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 y
the averments of fact set forth in this Affidavit are true and correct
.to the best of his knowledge, infctmation, and belief:
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Robert A. Wiesemann, Manager l
Regulatory and Legislative Affairs
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L Sworn to and subscribed before me this M M y of M e Mt* u1989.
D i u h.
Notary Public-FCTARIAL SEAL LoRRAINE M. PIPLICA, NOTARY PUBUC MONRCEVILLE BOAo, ALLEGHENYCOUNTY MY COMMISSION EXPIRES DEO.14.1931 Member, Pennsylvania Associa5nc!Nv2riu
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- AW-89-030 i
(1)
I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the 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 rulemaking proceedings, and am authorized to apply.for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.
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(2)' I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
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(3)
I have personal knowledge of the criteria and procedures utilized by l-the Westinghouse Energy Systems, Nuclear Fuol, and Power Generation Business Units 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 l
consideration by the Commission in determining whether the l
information sought to be withheld from public disclosure should be withheld.
L (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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-(ii) The. information _is of a type customarily held in confidence by t
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 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 follows:
L (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 (b)
It consists of supporting data, including test data, l.
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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(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 pality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e) JIt reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection mr.y 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 information by Westinghouse gives l
Westinghouse a competitive advantage over its competitors.
y It is, therefore, withheld from disclosure to protect the L
Westinghouse competitive position.
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~ AW-89-030-w (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 disadvantagc 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
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as the total competitive advantage.
If competitors acquire components of proprietary information,.any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby q
give a market advantage to the competition of those countries, m
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.'
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L (iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method
.to the best of our knowledge and belief.
t (v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in NS-NRC-89-3401 dated February 14, 1989 (Proprietary),
NS-NRC-89-3403 dated February 14, 1989 (Proprietary), and NS-NRC-89-3405 dated February 14, 1989 (Proprietary), all of which pertain to updates on the Full Length Hafnium RCCA
' Anomaly by the Westinghouse Electric Corporation.
These letters are being transmitted by Westighouse Electric Corporation ()f) letter NS-NRC-89-3407 dated February 14, 1989 and Application for Withholding Proprietary Information from Public Disclosure, W. J. Johnson, Manager, 3
Nuclear Safety Department to the Attention Mr. C. H.
Berlinger, Chief Generic Communications Branch. The proprietary information as submitted for use by the Westinghouse Electric Corporation is applicable in supporting continued operation of plants utilizing full length hafnium RCCAs.
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' AW-89-030 This information is part or that which will enable Westinghouse to:.
(a) Provide a generic safety evaluation to support plant operation through at least three eighteen month or four annual fuel cycles.
Further this information has substantial commercial value as follows:
(a)
It reveals distinguishing aspects of the design.
(b)
It consists of test data and results of Research and' Development testing.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse:because it would enhance the ability of competitors to provide similar operational and licensing
' defense services for commercial power reactors without commensurate expenses.. Also, public disclosure of the information would enable others 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 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 developing a similar capability.
Further the deponent sayeth not.
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