ML20038C023

Forwards Affidavit for Withholding Proprietary Info Re long-term Ice Condenser Containment Code Contained in WCAP-8354-P-A & WCAP-8354-P-A,Suppl 1,(ref-10CFR2.790)

ML20038C023
Person / Time
Site:	Sequoyah
Issue date:	04/29/1976
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Vassallo D Office of Nuclear Reactor Regulation
Shared Package
ML19268A511	List: ML20038C015 ML20038C019 ML20038C020 ML20038C021 ML20038C023 ML20038C024
References
AW-76-3, NUDOCS 8112090428
Download: ML20038C023 (9)

Text

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7 ATTACHMENT 6 Westinghouse Power Systems m sys m s n m Electric Corporation Company sax 3s

. Pinsburi;hPmnsyNania15230 April 29, 1976 AW-76-3 Mr. D. B. Vassallo, Chief Light Water Reactors Project Branch 6 Division of Project Management Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue -

Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFCRMATION FROM PUBLIC DISCLOSURE

SUBJECT:

WCAP-8354-P-A, "Long Term Ice Condenser Containment Code -

LOTIC Code - April 1976" and WCAP-8354-P-A, Supplement 1 Long Term Ice Condenser Containment Code - LOTIC Code -

April 1976."

REF: Westinghouse Letter No. NS-CE-1049 Eicheldinger to Vassallo Dated April 27, 1976 ,

Dear Mr. Vassallo:

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 infor-mation 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 witnholding on behalf of Westinghouse, WRD, notification of which was sent to the Secretary of the Commission 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 Comission and addresses with specificity the considerations listed 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 affidavit be withheld from public disclosure in accordance with 10 CFR '

Section 2.790 of the Comission's regulations.

68112090428 811201 OPDR ADOCK 05000327

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Mr. D. B. Vassal 1o' , April 29,1976 AW-76-3

.I Correspondence with respect to this application for withholding or the accompanying affidavit should be addressed to the undersigned.

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! Very truly yours, I

d h 0. b s t e i @ t u Robert A. Wiesemann, Manager Licensing Progr as

/bek l Enclosure .

i cc: J. B. Maynard, Esq. .

Office of the Executive Legal Director, NRC I

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s AFFIDAVIT

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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:

(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems 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 Westinghous'e Water Reactor Divisions.

(2) I am making this Affidavit in conformance with tne provisions of 10 CFR Section 2.790 of the Commission's regulations and in con-iunction with the Westinghouse application for withholding ac-companying this Affidavit.

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U (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. -

i (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 Ccvsaission in determining whether the in-formation sought to be withheld from public disclosure should be wi thheld.

(1) 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 connecticn, utilizes a system to determine when and whether to hold certain types of information in confidence.

The applicatien 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 advantagt, as follows:

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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 licer.se 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 competitive econ 6mic 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 cap-acities, budget leveli, or commercial strategies of -

Westinghouse, its customers or suppliers. '

4 (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.

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, -4 (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:

i (a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-peti tors. It is, therefore, withheld from disclosure to protect the L';stinghouse 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 expenditure of resources at our expense.

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(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.

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(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.

1 (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 10 CFR Section 2.790,

- it is to be received in confidence hy the Commission.

(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 bracketed in WCAP-8354-P-A and WCAP-8354-P-A, Supplement 1, transmitted by Westinghouse letter NS-CE-1049 Eiche1dinger to Vassallo, dated April 27,1976.

This information enables Westinghouse to:

(a) Justify the design basis 'for emergency systems i (b) Justify the design basis or ice containment structures (c) Assist its customers to obtain licenses we- e =eew.i + --p e M " , * "

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e s (d) Optimize ice containment and long term cooling design (e) Justify the model and conservative assumptions used in .

containment analyses (f) Verify containment tests Further, this information has substantial commercial value as'follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for

licensing documentation.

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(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.

Public disclosure of this information is likely to cause sub-stantial harm to the' competitive position of Westinghouse be-cause it 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 this information is the result of many years of Westinghouse effort and the' expenditure of a considerable sum of money. ,

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In order for competitors of Westinghouse to duplicate this information, similar experimental test programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for data analyses and code development.

Further the deponent sayeth not.

F fQ&HLd&l&G Robert A. Wiesemann, Manager

',*, Licensing Programs Sworn to and subscribed beforemethis.29dday of 0asil 1976.

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se a Notary Public f'

[ GENEV EVE K.SH.f.0TARY PUBUC 20f4R0EVILLE BOROUGH ALLEGHENY C0"NTY MY COMPAISSION EXPIRES JULY 22,1976 a