ML20044D518

Requests That AP600 Testing Program Repts WCAP-13234,Rev 1 & WCAP-13277,Rev 1 Be Withheld,Per 10CFR2.790

ML20044D518
Person / Time
Site:	05200003
Issue date:	05/11/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20044D508	List: ML20044D505 ML20044D518 ML20044D520 ML20044D522
References
AW-93-471, NUDOCS 9305190246
Download: ML20044D518 (7)

Text

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Westinghouse Energy Systerns b 355 Electric Corporation """*"" *^ "

• l AW-93-471 I

May 11,1993 Document Control Desk U.S Nuclear Regulatory Commission Washington, D.C. 20555 ATTENTION: MR. R. W. BORCHARDT APPLICATION FOR WITHHOLDING PROPRIETARY i INFORMATION FROM PUBl.lC DISCLOSURE  ;

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SUBJECT:

AP600 TESTING PROGRAM REPORTS (WCAP-13234, WCAP-13283, WCAP-13277 i and WCAP-13278) j

Dear Mr. Borchardt:

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The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") i 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.  !

f 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-93-471 >

accompanics this application for withholding setting forth the basis on which the identified proprietary  ;

information may be withheld from public disclosure.  !

t Accordingly, it is respectfully requested that the subject information which is proprietary to ,

Westinghouse be withhcld from public disclosure in accordance with 10CFR Section 2.790 of the

, Commission's regulations.  ;

i Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-93-471 and should be addressed to the undersigned. l 4 Very truly yours, 4 y : ',o

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a.>t N. J. Liparu f o, nrger da/ h i

Nuclear Safety And Regulatory Activities  !

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/nja i ec: Kevin Bohrer NRC 12HS ,

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AW-93-471 i i

AITIDAVIT -;

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COMMONWEALTH OF PENNSYLVANIA:

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i COUNTY OF ALLEGHENY: l s

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Before me, the undersigned authority, personally appeared Brian A. McIntyre, who, being by i

me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on f behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth f 1

in this Affidavit are true and correct to the best of his knowledge, information, and belief: j i

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Brian A. McIntyre, Manager f i

Advanced Plant Safety and Licensing Sworn to and subscribed  ;

before me this I day f f of N//A /

1993 l  !

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, Notary Public  ;

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AW-93-471 (1) I am Manager, Advanced Plant Safety and Licensing, in the Nuclear and Advanced  !

i Technology Divisions, of the Westinghouse Electric Corporation and as such, I have been j specifically delegated the function of reviewing the proprietary information sought to be f withheld from public disclosure in connection with nuclear power plant licensing and I rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

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

(3) I have personal knowicdge 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. l I

i (4) Pursuant to the provisioas of paragraph (b)(4) of Section 2.790 of the Commission's i

reguletions, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld. f i

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4 (i) The information sought to be withheld from public disclosure is owned and has been  :

held in confidence by Westinghouse.

.I (ii) The information is of a type customarily held in confidence by Westinghouse and not  !

t j customarily disclosed to the public. Westinghouse has a rational basis for determining j the types of information customarily held in confidence by it and, in that connection, l

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 onstitutes Westinghouse policy and provides the rational basis required. l Under that system, information is held in confidence if it falls in one or more of l several types, the release of which might result in the loss of an existing or potential l competitive advantage, as follows- I

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(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. I

! (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 . i i a competitive economic advantage, e.g., by optimization or improved j marketability. f

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1 (c) Its use by a competitor would reduce his expenditure of resources or improve  !

i his competitive position in the design, manufacture, shipment, installation, {

t assurance of quality, or licensing a similar product. l I

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(d) It reveals cost or price information, production capacitics, budget levels, or  !

I commercial strategies of Westinghouse, its customers or suppliers.

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(c) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value 20 Westinghouse. .

i (f) It contains patentable ideas. for which patent protection may be desirable. i f

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f l There are sound policy reastms behind the Westinghouse system which include the  ;

1 following: f I

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

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(b) It is information which is r..arketable in many ways. The extent to which such j i

information is availabic to competitors diminishes the Westinghouse ability to

. sell products and sersices involving the use of the information.

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l AW-93-471  !

, (c) Use by our competitor would put Westinghouse at a competitive disadvantage  ;

by reducing his expenditure of resources at our expense. 3

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(d) Each comronent of proprietary information pertinent to a particular l 1 i competitive advantage is potentially as valuable as the total competitive  ;

. 1 advantage. If competitors acquire components of proprietary information, any -l one component may be the key to the entire puz2le, thereby depnvmg j Westinghouse of a competitive advantacc.  !

(e) 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. l t

(f) The Westinghouse capacity to invest corporate assets in research and  :

I development depends upon the success in obtaining and maintaining a '

i competitive advantage.  ;

, t l (iii) The infonnation is being transmitted to the Commission in confidence and, under the  !

e i provisions of 10CFR Section 2.790, it is to be received in confidence by the  !

Commission. j

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(iv) The infortnation 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 l s

to the best of our knowledge and belief, [

(v) Enclosed is 1.rtter ET-NRC-93-3883, May 1993, being transmitted by Westinghouse  !

}

} Electric Corporation (W) letter and Applic. tion for Withholding Proprietary ,

4 i Information from Public Disclosure, N. J. Liparulo (lV), to Mr. R. W. Borchardt,  ;

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, Office of NRR. The proprietary information as submitted for use by Westinghouse

Electric Corporation is in response to questions cor vning the AP600 plant and the j associated design certification application and is expected to be applicable in other f

l licensee submi tals in response to certain NRC requirements for justification of  !

I licensing advanced nuclear power plant designs.  ;

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AW 93-471 l 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. i (c) Design Advanced Nuclear Power Plants that meet NRC requirements. i f

(d) Establish technical and licensing approaches for the AP600 that will ultimately  !

result in a certified design.

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

f Further this information has substantial commercial value as follows:

I (a) Westinghouse plans to sell the use of similar information to its customers for  ;

i purposes of meetii.g NRC requirements for advanced plant licenses. ,

i (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 1

competitors to provide similar advanced nuclear power designs and licensing defense services for commercial power reactors without commensurate expenses. Also, public 3 disclosure of the information would enable others to use the information to meet NRC a

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-93-471  :

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- l, in order for competitors of Westinghouse to duplicate this information, similar  !

I technical programs would have to be performed and a significant manpower effort, j having the requisite talent and experience, would have to be expended for developing l analytical methods and receising NRC approval for those methods. l t

Further the deponent sayeth not. l L

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