ML20041G481

Requests Withholding of Proprietary Matl Re Fuel Assemblies Per Util Request (Ref 10CFR2.790).Affidavit Encl

ML20041G481
Person / Time
Site:	Farley
Issue date:	03/05/1982
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Varga S Office of Nuclear Reactor Regulation
Shared Package
ML19268A893	List: ML20041G480 ML20041G481 ML20041G485
References
CAW-82-11, NUDOCS 8203220360
Download: ML20041G481 (7)

Text

ENCLOSURE 1

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a Nuc! ear Techncicgy Division Westinghouse Water Reactor Electric Corporation Divisions 80, 333 Pittsburgh Pennsylvania 15230 March 5,1982 CAW-82-ll Mr. Stephen A. Varga, Chief Operating Reactors Branch 1 Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014

SUBJECT:

Post Irradiation Data for Westinghouse Optimized Fuel REF: Letter Application for Withholding Proprietary Information from Public Disclosure, Clayton to Varga, March 1982

Dear Mr. Varga:

The proprietary material for which withholding is being requested by Alabama Power Company is proprietary to Westinghouse and withholding is requested 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 proprietary material transmitted by the referenced letter supplements the proprietary material previously submitted. Further, the affidavit sub-mitted to justify the material previously submitted, AW-78-23, is equally applicable to this material.

Accordingly, withholding the subject information from public disclosure is requested in accordance with the previously submitted affidavit and appli-cation for withholding, AW-78-23, dated March 21, 1978, a copy of which is attached.

Accordingly, this letter authorizes the use of the proprietary information and affidavit CAW-82-11 by the Alabama Power Company for Farley Unit 1.

Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-82-11 and be addressed to the under-signed.

Very truly yours,

/bek eAuD Robert A. Wiesemann, Manager Enclosure Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC B203220360 B20315 PDR ADOCK 05000348 P PDR

AW-78-23 AFFICAYIT 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:

r 0< /.L/fMMR Rocert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before.me this.. O day of / 24&/ 1978.

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Notary Puclic ,

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AW-78-23 (1) I am Manager, Licensing Programs, in the ' Pressurized Water Peactor Systams Jivisicn, cf Westinghouse Electric Ccrpora:icn and as such,

• have been I;ecifically delegated :he function f eviewing the proprietary informaticn sought to be witnheid frcm puolic disclosure in connection with nuclear power plant licensing or rulemaking proceedings, and am authorized to acply for its withnoiding 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 regulations and in con-junction with the Westinghouse application for withholding acccmpanying :nis 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.

(d) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the folicwing is furnished for consideration by the Commission in determining whether the information sought to be withheld from puolic disclosure should be withheld.

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

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(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

i Westinghouse has a rational basis for detennining the ' types I

of information cus:cmarily held in confidence by it and, i'n l

I that connection, utilizes a system to determine when and i

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AW-78-23 wnether to hold certain types of information in confidence.

The application of that system and :he sucstance of tna system constitutes Westingnouse policy and crovides the rational basis recuired.

Criteria and Standards Utilized In determining whether information in a document or report is proprietary, the following criteria and standards are utilized by Westinghouse. Information is proprietary if any one of the following are met:

(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 econo'mic advantage over.other companies.

(b) It consists of supporting data, including test data, relative to a process (or ccaponent, structure, tcol, 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 of a similar product.

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

AW-78-23 (e) It reveals asoects of past, present, or future Westing-house or cus::cer funcec :evelopment plans and programs of ;otential commercial value to Westinghouse.

(f) It contains patentable ideas, for wnich 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.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 C.:R Section 2.790, it is to be received in confidence by 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 are the copies of slides utilized by Westinghouse in its presentation to the NRC at the March 21, 1978 meeting concerning the Westinghouse optimized fuel assembly. The letter and the copies of slides are being submitted in pre-f liminary form to the Commission for review and comment on the Westinghouse optimized fuel assembly in advance of a formal submittal for NRC approval.

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! Public disclosure of this information is likely to cause i

substantial harm to the competitive position of Westinghouse i

i as it would reveal the description of the approved design, the comparison of the improved design with the standard design, the nature of the tests conducted, the test conditions, the t

test resul:: and the conclusions of the tes:inc program, t

' AW-78-23 1-

. s all of which is recognized by the Staff to be of c:mpetitive value and because c't the large amount of effort and money ex: ended by Westinghcuse over a period of several years in 4

carrying out this particular'deveic; ment program. Further, it would enable cmoetitors to use the information for commercial l\

purposes and also to meet flRC requirements for licensing i

documentation, ea'ch without~ purchasing the right from Westing-

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house to use the informationf

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Information regarding its development programs is valuable to s

'destinghouse because:

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(a) Information resulting frem its development programs gives Westinghouse a competitive advantage over its competitors. ,

' It is, therefore, withheld frcm disclosure to protect the s Westinghouse competitive position.

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< (b) It eis information which is marketable in many ways. The

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extent to which such information is available to compet-itors 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 com-

- ~petitive disadvantage by reducing his expenditure of resources at our expense.

s (d) Each ccmponent of propriatary information pertinent to a particular competitive advantage is potentially as i valuable as the total competitive advantage. If ccm-u petitors acquire ccmponents of i propriet'ary information, i

a'ny one ccmponent may be the key to the entire puzzle, thereby depriving Westingnause of a competitive advantage.  ;

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AW-73-23 (e) The Westinghouse-: :acity to invest corporate assets in research and develocment depencs u en the success in obtaining and main:aining a c:mpetitive acvantage.

Being an innovative concept, this information might not be discovered by the ecmpetitors of Westinghouse independently. To duplicate this infor-mation, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not. ,

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