ML20023C536

Forwards Application for Withholding Proprietary Version of Statements Made by NRC Witness Re Westinghouse Model D4/D5 Steam Generators Per 10CFR2.790

ML20023C536
Person / Time
Site:	Byron
Issue date:	04/26/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19301C276	List: ML20023C533 ML20023C536
References
AW-83-34, NS-EPR-2756, NUDOCS 8305170411
Download: ML20023C536 (9)

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Westinghouse Water Reactor "e8' Techno'oE' DiviS'on Electric Corporation Divislans Box 355 Pittsburgh Pennsylvanla15230 April 26,1983 AW-83-34 Mr. Darrell G. Eisenhut, Director Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20814 APPLICATION FOR WITHH0LDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Byron Utilts 1 and 2 Operating License Proceeding REF: Westinghouse Letter No. NS-EPR-2756, Rahe to Eisenhut, dated April 26,1983

Dear Mr. Eisenhut:

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 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, WRD, noti-fication of which was sent to the Secretary of the Coninission on April 19, 1976.

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 1isted in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the affi-davit be withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.

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Mr. D. G. Eisenhut April 26, 1983 AW-83-34 Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.

Very truly yours,

, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs

/bek Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC s

r-AW-83-34 AFFIDAVIT COMMONWEALTH 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, information, and belief:

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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 144 day of // h h 1983.

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[ Notary Public GENEVIEVE N TI#Y U

"'P' to t C F NY COUNTY MONRCEV!ME MY COWAeb tangs HIT. 3.1934 Member, Permsy ,"pa usten of Mara

AW-83-34 (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 procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.

3 (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 in-formation sought to be withheld from public disclosure should be

! withheld.

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

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AW-83-34 (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 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 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 l competitive economic advantage, e.g., by optimization or improved marketability.

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AW-83-34 (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.

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

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent pro-tection 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 com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

AW-83-34 4

f (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 infor-mation, 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 give a market advantage to the competition

[ in those countries.

l (f) The Westinghouse capacity to invest corporate essets i

in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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AW-83-34 (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.

(iv) The information sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method to the best of our knowledge and belief.

(v) The proprietary information sought f.c be withheld in this submittal is that which is appropriately marked in hearing transcript of April 15, 1983 in the matter of Commonwealth Edison Company for the Byron Nuclear Power Station Units 1 and 2 (Docket Nos. 50-454 OL and 50-455 OL).

This information is part of that which will enable Westing-house to:

(a) Provide documentation of the analyses, method and test-ing for product design and operation.

(b) Assist the customer to obtain NRC approval.

Further this information has substantial commercial value as follows:

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

AW-83-34 (b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

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 pro-vide similar analytical documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information without purchasing the right to use the information.

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 system design software development.

Further the deponent sayeth not.

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