ML20062A772
| ML20062A772 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 07/15/1982 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19262G722 | List: |
| References | |
| CAW-82-41, NUDOCS 8208040146 | |
| Download: ML20062A772 (8) | |
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Westinghouse Water Reactor wea"$mn Den Electric Corporation Divisions ee,333 P: tis %rg,nFennsyNania 3230 July 15, 1982 CAW-82-41 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C.
20555
SUBJECT:
Supplemental Information to the Point Beach Steam Generator Sleeve Report for Wisconsin Electric Power Company by Westinghouse REF: Wisconsin Electric Power Company letter, Fay to Denton, July 1982
Dear Mr. Denton:
The proprietary material for which withholding is being requested by Wisconsin Electric Power Company is of the same technical type as that proprietary mate-rial submitted with an application for withholding accompanied by an initial Westinghouse affidavit on steam generator repair technology, AW-80-53, dated September 5, 1980.
Supplemental documents in support of the Westinghouse pro-prietary submittals, and already in possession of the Commission, are:
1)
Affidavit of R. A. Wiesemann and Supplement thereto via Westinghouse letter, Davis to Bloch, dated November 13, 1981, 2)
Testimony of R. A. Wiesemann and T. A. Christopher via Westinghouse letter, Davis to Bloch, dated February 25,1982, and 3)
Supplementary Testimony of Robert A. Wiesemann on Behalf of Applicant, Davis to Bloch, March 25, 1982.
A copy of Affidavit AW-80-53 is attached as submitted initially for proprietary protection of the material.
Affidavit AW-80-53 and the above supplemental docu-ments are equally applicable to this letter of authorization for the use of the attached information in support of the Wisconsin Electric Power Company Point Beach Units 1 and 2.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-82-41 and should be addressed to the undersigned.
Very truly yours, 8208040146 820728 PDR ADOCK 05000266 P
/bek Robert A. Wiesemann, Manager Attachment Rcgulatory & Legislative Affairs cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
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-t AW-80-53 AFFIDAVIT COMM0f1 WEALTH OF PEilNSYLVAttIA:
ss COUflTY 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:
6 Y,[51/4iistfAG Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed I day before me this of d O w 1980.
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tiotaryPdblic l
, AW-80-53 1
(1)
I am Manager of Regulatory and Legislative Affairs in the Nuclear Technology 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 Westinghouse Water Reactor Divisions.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunc-tion with the Westinghouse application for withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse fluclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for con-sideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public dis-closure is owned and has been held in confidence by Westinghouse.
(ii)
The information is of a type customarily held in confi-dence by Westinghouse and not customari.ly 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
, AW-80-53 confidence.
The applicatioh of that system and the sub-stance 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 competitive advantage, as follows:
(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 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 economic advantage, e.g., by optimization or improved marketability.
l (c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive ~ position in
the design, manufacture, shipment, installation, assur-l ance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capac-ities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.
l (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and prograns of potential commercial value to Westinghouse.
. AW-80-53 (f)
It contains patentable' ideas, for.which patent pro-tection may be desirable.
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghause according to agreements with the owner.
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 competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse 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.
(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 informa-tion, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
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' AW-80 53,'
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t (e)
Unrestricted disclosure would je'opardize the position
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of prominence of Westinghcuse in the world market, and thereby give a /.r.arket advantage to the! competition in those countries.
o il (f)
The Westinghouse capacity to invest corporate assets c,z in research and development depends upon the success
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in obtaining and maintaining a competitive. advantage.
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(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
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(iv)
The information se"~ht to be protected is not available in.
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public sources t sest of our, knowledge and belief.
(v)
The proprietary information sought to be wit'cheld in this 7
submittal is that which is appropriately marked SE-SP-40(80)
" Southern California Edison Repair Report"(Proprietary).
This report has been prepared for'and is being submitted to the Staff'at the request of Southern California Edison.
The report details the design of the sleeves that are to be installed in the' San Onofre Unit 1 steam generators..The report also includes the design analysis, the test verifica-l tion program and descriptions of the expanded mechanical plug, the rolled plug and the chantel head decontamination 1
process.
This information is part of that which will enable Westinghouse to:
b.
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(a)
Apply for patent protection.
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. AW-80-53 (b)
Optimize steam generator repair techniques to extend the service life of steam generators.
(c)
Assist its customers to ottain NRC approval.
(d)
Justify the design basis for the steam generator repairs and installation methods.
Further, this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell tne repair techniques and equipment described in part by the information.
(b)
Westinghouse can sell repair services based upon the experience gained and tne installation equipment and methods developed.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because (1) it would result in the loss of valuable patent rights, and (2) it would enhance the ability of competitors to design, manufacture, verify and sell steam generator repair techniques for commercial power reactors without '
commensurate expenses.
The development of the methods and equipment described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
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' AW-80-53 In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for steam generator repair techniques.
Further the deponent sayeth not.
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