ML20028B905

Affidavit Re Westinghouse Application for Withholding Proprietary Info Encl in App C to FSAR in TR Tramm 820818 & 0902 Ltrs to NRC Concerning Turbine Missiles

ML20028B905
Person / Time
Site:	Byron, Braidwood, 05000000
Issue date:	11/08/1982
From:	Collier A WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Shared Package
ML20028B902	List: ML20028B901 ML20028B905 ML20028B906 ML20028B910
References
39SE011, 39SE11, NUDOCS 8212070187
Download: ML20028B905 (8)

Text

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AFFIDAVIT COMMONWEALTH OF FLORIDA:

COUNTY OF ORANGE: ss Before me, the undersigned authority, personally appeared l A. R. Collier, 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:

?n /usc 0 lbe o -> # ,

"U A. R. Collier, Manager MMA8.M9A Date Commercial Operations Steam Turbine Generator Division iTARY PUBUC STATE OF FLORIDA AT LARGE sy enuamamWW EXRHES SEPT.11. W noiseen amous> mempt me.

8212070187 821129 gDRADOCK 05000454 PDR 39SE011

, 'ig (2)

(1) I am Manager, Commercial Operations, Steam Turbine Generator Division of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information ESJght to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Steam Turbine Generator Division.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunctic.n with the Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse 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 of the Commission in determining whether the infor-mation sought to be withheld from public disclosure should be withheld.

395E011

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(3)

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

(ii) The information is of a type customarily held in con-fidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for deter-mining 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 poten-tial competitive 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 constitutes a competitive economic advantage over other companies.

39SE011

(4)

(b) It consists of supporting data, including test data, relative to a process (or component, struc-ture, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expen-diture 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 capacities, budget levels, or commercial 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 commercial 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.

395E011

, (5)

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(h) Public disclosure of this information would allow unfair and untruthful judgments on the performance and reliability of Westinghouse equipment compo-nents and improper comparison with similar compo-nents made by competitors.

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 expendi-ture of resources at our expense.

39SE011

(6)

(d) Each component of proprietary information pertinent to a particular competitive advantage is poten-tially as valuable as the total competitive ad-vantage. If competitors acquire components of proprietary information, any one component may be l the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

t j (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.

j (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 contained in revised FSAR information attached to Commonwealth Edison Company's

letter of August 18, 1982, from T. R. Tramm to H. R.

Denton and to Commonwealth Edison Company's letter of September 2, 1982, from T. R. Tramm to H. R. Denton.

i 39SE011

(7)

The information enables Westinghouse to do one or more of the following:

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(a) Develop test inputs and procedures to satisfac-torily verify the design of Westinghouse supplied equipment.

1 (b) Assist its customers to obtain licenses.

Further, the information has substantial commercial value 1

as follows:

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

1 (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.

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Public disclosure of this information is likely to cause substantial harm to the competitive position of I

Westinghouse because it would enhance the ability of

! competitors to design, manufacture, verify, and sell electrical equipment for commercial turbine-generators l

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r

• 1. (8)

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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 pur-chasing 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 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 appropriate talent available and could somehow obtain the requisite experience.

Further the deponent sayeth not, i

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