ML20029D796

Requests That Proprietary Addl Info in Support of Westinghouse Response to RAI 952.64 on AP600 Design Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20029D796
Person / Time
Site:	05200003
Issue date:	04/29/1994
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19304C085	List: ML20029D793 ML20029D796
References
AW-94-618, NUDOCS 9405100109
Download: ML20029D796 (7)

Text

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l Box ass Westinghouse Energy Systems Pittsbuph Pennsylvania 15230-0355 Electric Corporation AW-94-618 April 29,1994 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: MR. R. W. BORCHARDT ADPIJCATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

ADDITIONAL INFORMATION IN SUPPORT OF WESTINGHOUSE RESPONSE TO RAI 952.64 ON THE AP600 DESIGN

Dear Mr. Borchardt:

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 proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW-94-618 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withhcid from public disclosure.

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-94-618 and should be addressed to the undersigned.

Very truly yours, ,

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,Q N. J. Liparulo, Manager Nuclear Safety And Regulatory Activities

/nja ec: Kevin Bohrer NRC 12H5 l

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9405100109 940429 W6A PDR ADOCK 05200003 A PDR I

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4 AW-94-618 AFFIDAVIT COMMONWEAIJH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

, Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by me duly sworn according to law, deposes and says that he is authorized to exceute this Affidavit on behalf of Westinghouse Elcetric 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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Brian A. McIntyre, Manager Advanced Plant Safety & Licensing Sworn to and subscribed -

before me this <29 day of 4[/' .1994 t/

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. AW 94-618 (1) I am Manager, Advanced Plant Safety and Licensing, in the Advanced Technology Business Area, 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 Business Unit.

(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.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit 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 by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.

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

(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, l u tilizes 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 systern, 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:

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, AW-94-618 (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.

(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.

(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 capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(c) 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, i

I There are sound policy reasons behind the Westinghouse system which include the . I following:

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(a) The use of such information by Westinghouse gives Westinghouse a l competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is information which is maricetable 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.

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- - AW 94-618 (c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each compcment of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage, if competitors acquire components of proprietary information, any one component may be the key to the entire punle, thereby depriving Westinghouse of a competitive advantage.

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

(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 previously employed in the same original manner or method to the best of our knowledge and belief.

(v) Enclosed is 12tter NTD NRC-94-4109, April 29,1994, being transmitted by Westinghouse Electric Corporation (E) letter and Application for Withholding Proprietary Information from Public Disclosure, N. J. Liparulo (E), to Mr. R. W. Borchardt, Office of NRR. The proprietary information as submitted fc,r l l

use by Westinghouse Electric Corporation is in response to questions concerning the j AP600 plant and the associated design certification application and is expected to be applicable in other licensec submittals in response to certain NRC requirements for justification of licensing advanced nuclear power plant designs.

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AW-94-618 This information is part of that which will enable Westinghouse to:

(a) Demonstrate the design and safety of the AP600 Passive Safety Systems.

(b) Establish applicable verification testing methods.

(c) Design Advanced Nuclear Power Plants that meet NRC requirements.

(d) Establish technical and licensing approaches for the AP600 that will ultimately result in a certified design.

(e) Assist customers in obtaining NRC approval for future plants.

Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

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 advanced nuclear power designs 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.

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 -I and the expenditure of a considerable sum of money.

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. AW-94-618 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 ex;x:rience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not.

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