ML20066B189
| ML20066B189 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 12/14/1990 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19310D097 | List: |
| References | |
| CAW-90-101, NUDOCS 9101040380 | |
| Download: ML20066B189 (9) | |
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v Westinghouse Energy Systems y!glRg" Electric Corporation bm Prstur tenerla itm 03th December 14, 1990 CAW-90 101 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLLC DISCLOSURE
Subject:
Proposed Decommissioning Plan for Fort St. Vrain Nuclear Generating Station
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW 90-101 signed by the owner of the proprietary information, Westinghouse Electric Corporation.
The affidavit, which accompanies this letter, sets forth the basis on which the infornation may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying l
Affidavit by Public Service Ccmpany of Colorado.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 90-101, and should be addressed to the undersigned.
l Very,truly yours, f)(Ab j"
l Ronald P. DiPiazza, Manager Enclosures Operating Piant Licensing Support cc:
C. M. Holzle, Esq.
Office of the General Counsel, NRC V. Wilson, NRR 9101040380 901221 i
PDR ADOCK 05000267 i
1 PDR
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s CAW 90 101 AFFIDAVIT COMMONWEALTH Of PENNSYLVANIA:
ss COUNTY OF ALLEGHFNY:
Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, 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:
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Ronald P. DiPiazza, ManagN l
Operating Plant Licensing Support Shorn to and subscribed l
bef re me this /7_ day of\\b>/4M[d'/,1990.
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d' 2-CAW 90-101 (1).I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the-function of reviewing the proprietary information sought to_be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
4 (2)>1 am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
(3)-I have personal knowledge 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 i
information.
(4) Pursuant t'o the provisions of paragraph (b)(4) of Section 2.790 of the
~
Commission's regulations, the following isL furnished-for consideration by L
the Commission in determining whether the information sought to be withheld-from public disclosure should be withheld.
l (i) The-information' sought to be~ withheld from public disclosure is owned p
and has-been held in confidence by-Westinghouse.-
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3-CAW 90-101 (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 application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, iaformation 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 competitc : 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 a competitive economic advantage, e.g.,_by optimization or improved marketability, i
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d CAW 90 101 (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 capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded drielopment plans and programs of potential commercial val.' to Westinghouse.
(f)
It contains patentable ideas, for which 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.
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.
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4 8 CAW-90 101 (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 potantially as valuable as the total competitive advantage, if competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive 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 of those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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6-CAW-90-101 (iii)
The information is beino 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.
(iv)
The information 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 to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is bracketed on Table 51, 5 2 and 5-3 of the " Proposed Decommissioning Plans for Fort St. Vrain Nuclear Generating Station" (marked Westinghouse Proprietary), being transmitted by the Public Service Company ^f Colorado (FSV) letter and Application for Withholding Proprietary Information from Public Disclosure, A. C. Crawford, FSV, to Document Control Desk, Attention Dr. Thomas Murley, December, 1990.
The proprietary information as submitted for use by Public Service Company of Colorado for the Fort St. Vrain Nuclear Generating Station is expected to be applicable in other licensee submittals in response to certain NRC requiremen for justification of proposed decommissioning plans for nuclear generating stations.
1 g CAW-90-101 This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of cost or price information, associated with decommissioning nuclear power plants, contained in the Westinghouse proprietary proposal to Public Service Company of Colorado.
(b)
Establish the details of the scope of effort required to decommissioning nuclear power plants.
(c)
Establish the basis for future proposals for decommissioning of other nuclear power plants.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for decommissioning.
(b)
Westinghouse can sell support and defense of information to its customers in the licensing process.
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i 8-CAW 90-101 Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghousc because it would enhance the ability of competitors to provide similar documentation and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of the information 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 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 and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed end a significant manpower effort, having the requisite talent'and experience, would have to oe expended for the developing, testing and analytical methods.
Further the deponent sayeth not.
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