ML20058J613
| ML20058J613 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 08/04/1982 |
| From: | Dixon O SOUTH CAROLINA ELECTRIC & GAS CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19289B052 | List: |
| References | |
| RTR-NUREG-0588, RTR-NUREG-588 NUDOCS 8208110126 | |
| Download: ML20058J613 (9) | |
Text
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SOUTH CAROLINA ELE:CTRIC & GAS COMr*ANY ever oursee mon ren Cotuweia south CamouNa 29210.h O. W. DinoN. Ja.
V,ca Passics%t August 4, 1982 e... c.. -. w~.
a Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555
Subject:
Virgil C. Summer Nuclear Station Docket No. 50/395 NUREG 0588
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Dear Mr. Denton:
In our letter dated July 8, 1982, South Carolina Electric and Gas Company provided information regarding a change f rom Rosemount to RdF resistance temperature detectors for ree.ctor coolant system narrow range temperature instrumentation.
Attached is a marked up copy of the appropriate page in our NUREG 0588 report. A formal revision to the report will be issued at a later date.
As this submittal contains information proprietary to Westinghousa Electric Corporation, it is supported by an af fidavit signed by Westinghouse, the owner of the information.
The affidavit sets forth the basis on which the information may be withheld f rom public disclosure by j
the Commission and addrecses 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 information which is proprietary to Westinghouse be withheld f rom public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to the proprietary aspects of this application for withholding or the supporting Westinghoise af fidavit should reference CAW-80-31, and abould be addressed to R. A.
Wiesemann, Manager, Regulatory and Legislative Af fairs, Westinghouse Electric Corporation, P.O Box 355, Pittsburg, j){$()[
Pennsylvania, 15230.
5208110126 820804 PDR ADOCK 05000395 A
f Mr. Harold R. Denton August 4, 1982 Page #2 If you require additional information, please let us know.
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O. W.
Dixon, Jr.
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Attachment:
cc:
V.
C.
Summer (w/o attach.)
G.
H.
Fischer (w/o attach.)
H.
N.
Cyrus T.
C.
Nichols, Jr.
(w/o attach.)
O.
W.
Dixon, Jr.
M. B.
Whitaker, Jr.
J.
P.
O'Reilly H.
T.
Babb D.
A.
Nauman C.
L.
Ligon ( NSRC)
W.
A.
Williams, Jr.
R.
B.
Clary O.
S.
Bradham A.
R.
Koon M.
N.
Browne l
G.
J.
Braddick 1
J.
L.
Skolds l
J.
B.
Knotts, Jr.
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Mangan B.
A.
Bursey NPCF l
File l
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f4 CAW-80-31 1
AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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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 authori::ed to execute this Affidavit on benalf 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 kncwledge, infant.ation, and belief:
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MA Ro::er: A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this e,
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. CAW-80-31
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(1)
I am : tanager, Regulatory and Legislative Affairs, in the Nuclear Technology Ci tision, 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-i closure in connection with nuclear power plant licensing or rule-
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making proceedings, and am authori:ed to apply for its withholding on benalf of the Westinghouse Water Reactor Divisions.
i (2)
I am making this Affidavit in conformance with the provisions of 10CFR Secticn 2.790 of the C:mmission's regulations and in con-i junction with the Westinghouse application for withholding ac-cemeanying 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 Ts c:nfidential c mmerical or financial information.
(4)
Pursuant to the provisions of paragraon (b)(4) of Section 2.790 of tne Ccmmission's regulations, the following is furnisned for consideration by the Commission in determining whether tne in-formation sougnt to be witnhelo frca public disclosure should ba withheld.
(i)
The information sought to be withheld from public df sclosure l
i: cened and has been held in confidence by Westinghouse.
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(, CAW-80-31 (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, utilizes a system to determine when and whether to hold certain types of information in confidence.
The applica icn of that systam 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 tne loss of an existing or potential com-I petitive advantage, as follows:
(a)
Theinformationrevealsthedistincuishilgaspectsof a process (or c:mponent, structure, tool, method,etc.)
where prevention of its use by any of Westinghouse's com etitors without license frcm Westinghouse consti-tutes a ccmpetitive econcmic advantage over other ccm:anies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the applicatien of which data secures a ccmpetitive econcmic advantage, e.g., by optimization or improved marketability.
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. CAW-80-31
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(c)
Its use by a ccmpetitor would reduce his expenditure of resources or improve his ccmpetitive position in the dasign, manuf:cture, shipment, installati:a, assursnce of quality, or licensing a similar product.
(d)
It reveals cost or price information, production cap-acities, budget levels, or ccm=ercial strategies of Westingneuse, its custcmers or suppliers.
(e)
It reveals aspects of past, present, or future West-ingnouse or customer funded development plans and pro-grams of potential ecmmercial -value t'o Westinghouse.
l (f)
It contains patentacle ideas, for which patent pro-tection.T.ay be desirable.
(g)
It is not the property of Westingnouse, but must be treated as pr:;rietary by ',lestir.gbause $.ccordir.g to agreements with the owner.
l There are sound policy reasons behind the Westinghouse system l
wnich include the following:
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l (a) The use of such information by Westinghouse gives l
Westinghouse a ecmpetitive advantage over its com-petitors.
It is, therefore, withheld frem disclosure to protact the Westing::cuta competitive positi n.
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( CAW-80-31 (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 procucts and services involving the use of the info rmation.
(c)
Use by our c0mpetitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Eacn component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total ccmpetitive advantage.
If
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ccmcetitors acquire ccmponents of proprietary infor-mation, any one c =ponent may be the key to the entire pu::le, thereby depriving Westinghouse of a competitive a
advantage.
(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 thosa c:untrias.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
. CAW-80-31
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(iii) The information is being transmitted to the Commission in confidence and, under the provisions of ICCFR Section 2.790, it is to be received in confidence by the Commission.
(iv)
The information sought to be, protected is not available in pualic sources to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is aapropriately marked information provided to Westinghouse utility customers in WCAP-9745 entitled "Results of Westingneuse Review of Environmental Qualifi-cation References for WRD Supplied Category II Equipment with Respect to the Staff Positions in NUREG-0588" for their use in responding to the NRC request to review their qualification programs against the standards established in NUREG-0558.
This information enables Westinghouse to:
(a)
Develop test inputs and procedures to sa.tisfactorily verify the design of Westinghouse supplied equioment.
(b) Assist its customers to obtain licenses.
Further, the information has substantial commercial value as follows:
(a) Westinghouse can sell the use of this information to customers.
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( CAW-80-31 (b) Westinghouse uses the information to verify the design of equipment which is sold to customers.
(c) Westinghouse can sell testing services based upon the experience gained and the test equipment and methods developed.
Public disclosure of this information is likely to cause substantial harm to the ccmpetitive position of Westinghouse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for com-mercial power reactors without ccmmensurate expenses.
- Also, public disclosure of the information would enable others having tr.e same or similar equipment to use tne information to meet NRC requirements for licensing documentation without purcnasing the rign to use the information.
The development of the equipment described in part by the information is the result of many years of development by l
Westinghouse and the expenditure of a considerable sum of l
money.
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This could only be duplicated by a ccmpetitor if he were to invest similar sums of money and provided he had the appropriate talent available and could semehow obtain the i
requisite experience.
Further the deponent sayeth not.
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