ML20032A150
| ML20032A150 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 10/05/1981 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20032A144 | List: |
| References | |
| CAW-81-76, NUDOCS 8110280372 | |
| Download: ML20032A150 (8) | |
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Westinghouse Water Reactor Ndar Techn@p0ivison Electrir, Corporation Divisions 30, 33 PittsburghPennsylvania15230 Director of Nuclear Reactor Regulation October 5, 1981 Attn: Harold R. Denton CAW-81-76 Licensinq Branch Number 1 Division of Licensing U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
South Carolina Electric and Gas Company, Summer 1 (Docket No. 50-395)
Westinghouse Reactor Protection System / Engineered Safety Features Actuation System Setpoint Methodology (Proprietary)
REF: South Carolina Electric and Gas Company Application for Withholding, Nichols to Denton
Dear Mr. Denton:
The proprietary material for which withholding is being requested by South Carolina Electric and Gas Company is of the same technical type as that pro-prietary material previously submitted by Westinghouse concerning Reactor Pro-tection System / Engineered Safety Features Actuation System Setpoint Methodology.
The previous application for withholding, AW-76-60, was accompanied by an affi-davit signed by the owner of the proprietary information, Westinghouse Electric Corporation.
l Further, the affidavit submitted to justify the previous material was approved by the Commission on April 17, 1978, and is equally anplicable to the subject material. The subject proprietary material is being bmitted in support of South Carolina Electric and Gas Company, Summer 1.
Accordingly, this letter authorizes the utilization of the previously furnished affidavit in support of South Carolina Electric and Gas Company, Summer 1.
A copy of the affidavit, AW-76-60, dated December 1,1976, is attached.
Correspondence with respect to the proprietary aspects of the application for withnolding or the WestingFcuse affidavit should reference CAW 81-76 and should be addressed to the undersigned.
Very truly yours,
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hogDOMeo372 822o19 Robert A. Wiesemann, Manager
/bek 05000395 Regulatory & Legislative Affairs Attachment A
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cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
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AW-76-60 AFFIDAVIT-COMMONWEALTHOFPENNSYLVAt(IAh ss COUNTY OF ALLEGHENY:
Before me, the, undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute 'this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:'
h (AkflW Robert A. Wiesemann, Manager Licens.ing Programs Sworn to and subscribed before,methis8 day of /[d4/x[d 1976.
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. AW-76-60 (1)
I am Manager,. Licensing Programs, in the Pressurized Water P.eactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the propcietary information sought to be withheld from public dis-closure in connection with nuclear power piant licensing or rule-
' making proceedings, and am authoriied 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 10 CFR Section 2.790 of the Ccmmission's reguistions 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 c5nfidential commercial or
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' ' financial information.
(4)
Pursuant to the provisions lof,aragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining wheth:r the in-formation sought to be withheld from public disclosure should be wi thheld.
(i)
The information sought to be withheld'frem public disclosure is owned and has been held in confidence by Westinghouse.
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- AW-76-60 (ii)
The information is of a type castomarily 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 informayion in confidence.
The ap-plication 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 typ.es', the' rel. ease 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, me'thod, etc.)-
where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive econcmic advantage over other companies.
l (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 op timization or improved marketability.
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. AW-76-60 (c)
Its use by a competitor.would reduce his expenditure of resources or improve nis competitive position in the design, manuf'acture, 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 futare West,
inchouse or customer funded. development plans and pro-grams of potential commercial va!ae to Westinghouse.
It contains patentable ideas, for which patent pro.
(f) 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.
i I
i 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 ccm-petitors.
It is, therefore, withhel.d from disclosure to protect the Westinghouse competitive position.
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.i (b)
It is information which is marketable in many ways.
The extent to 'which such information is avellable to competitors diminishes the Westinghouse ability to.
sell products and services involving the use of the information.
s.
(c)
Use by our competitor would put Westinghouse at a competitive disacantage by reducing his expt:nditure
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of resources at our expense.
i (d)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competiitive advantage.
If cumpetitors acquire components cof proprietary infor-mation, any one component may,be the key to the entire puzzle, thereby depriving Westinghouse of a competitive
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advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Wastinghouse in the world market, and thereby give a market advantage to the competition in those countries.
l (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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-., AW-76-60 (iii)
The information is being transmitted to the Commission in confidence and, under the previsions of 10 C'FR Section 2.790, it is to be received in confidence by the Commission.
l (iy)
The information is not available in public sources to the best'of our knowledge and bel.ief.
(v)
The proprieury information sought to,be withheld in this sub-mittal is that which is appropriately marked in the attach-l ment to Westinghouse letter number NS-CE-1298, Eicheldinger to Storz, dated December 1,1976, concerning information relating
. to NRC review of WCAP-8567-P and WCAP-8568 entitled, " Improved Thermal Design Procedure," defining the sensitivity of DNS ratio to various core parameters.
The letter and attachment are being submitted in response to the NRC request at the October 29, 1976 NRC/ Westinghouse meeting.
This information enables Westinghouse to:
1 (a)
Justify 'the Westingnouse design.
(b)
Assist its customers to obtain licenses.
f (c)
Meet warranties.
(d)
Provide greater operational flexibility +o customers assuring them of safe and reliable operation.
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(e) ustify increased power capability or operating margin
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for plants while assuring safe and reliable operation.
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Optimize reactor design and performance while maintaining a high level of fuel integrity.
Further, the.information aained frcm the imp,'oved thermal design procedure is of significant commercial value as follows:
(a)
Westinghouse uses the information to perform and justify analyses which are sold to customers.
(b)
Westinghouse sells analysis services based upon the experience gained and the methods developed..
Public disclosure bf this information concerning design pro-cedures is likely to cause substantial harm to the competitive position of Westinghouse because competitors could utilize this information to assess and jus'tify their own designs without commensurate expense.
The parametric analyses performed and their evaluation represent a considerable amount of highly qualified development effort.
This work was contingent upon a design method development pro-gram which has been underway during the past two years.
Altogether, a substantial amount of mor.ey and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar suns of money and pro-vided he had the approoriate talent available.
Further 'the deponent sayeth not.
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