ML20073Q292
| ML20073Q292 | |
| Person / Time | |
|---|---|
| Site: | Point Beach  |
| Issue date: | 04/27/1983 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19268B460 | List: |
| References | |
| CAW-83-35, TAC-48752, NUDOCS 8304290010 | |
| Download: ML20073Q292 (6) | |
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Westinghouse Water Reactor anass Electric Corporation Divisions PittsburghPemsylvalla15230 April 27, 1983 CAW-83-35 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014
Reference:
Wisconsin Electric Power-Company Letter (C. W. Fay to H. R. Denton), dated April 27, 1983
" Docket 50-266 Point Beach Nuclear Plant Unit 1 Steam Generator Repair"
Dear Mr. Denton:
The proprietary material for which withholding is being requested by the Wisconsin Electric Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corpora-tion. the affidavit, which accompanies this letter sets forth the basis on which the_information may be withheld from public disclosure by the Commission and addresses specifically the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affi-davit in support of the Wisconsin Electric Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-35, and should be addressed to the undersigned.
Very truly yours, i
R. A. Wiesemann, Manager Regulatory and Legislative Affairs
/wpc cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 8304290010 830427 PDR ADDCK 05000266 C
i ef.
9-CAW-83-35 AFFIDAVIT COMMONWEALTH OF PENNSYLVANI A:
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:
t Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this JW4 day of M A U 1983.
v A
.- NONROEVill.E BORO. ALLECHet;Y COUNTY
' py ccwasst0M DE' M y,mber, Pennwli;u2 AMM0 'I "#'"
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/ -
CAW-83-35 (1);. I am Manager, Regulatory and Legislative Affairs, in the Nuclear Tech-.
nology 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 disclosure in connection
- with nuclear' power plant licensing or rule-making proceedings, and am j
authorized to apply for its withholding on beaalf of the Westinghouse l
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 conjunction with the t
-Westinghouse application for withholding accompanying 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 as confidential commercial or financial information.
i (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the -
Commission's regulations, the following -is furnished for consideration by I
the Commission in determining whether.the information sougFt to be with-held from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii)
The information is of a type customarily held in confidence by g
Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types of 7
l-information customarily held in confidence by it and, in that h
connection, utilizes a system to determine when the whether to hole certain types of information in confidence. The application h
of that system 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 i
in the loss of an existing or potential competitive advantage, as follows:
4277Q: 1/042683-
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e'~ CAW-83-35 (a) The-information reveals the distinguishing aspects of a pro-cess (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.
(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.
(c) Its use by a competitor would reduce expenditure of resources or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similar product.
(d) It reveals cost or price ir. formation, 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 development plans and programs of poten-tial commercial value 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.
1 There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of information by Westinghouse gives Westinghouse a competitive advantage over its competitors.
It is, there-fore, withheld from disclosure to protect the Westinghouse competitive position.
4277Q: 1/042683
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_(b)
It is information which is marketable in many ways. The-
'l 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 patentially 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 Westing-house of a competitive advantage.
3 (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 those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depands upon the success in obtain-
-ing and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confi-dence 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 to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submit-tal is that which is marked in the proprietary version of the document entitled, " Docket 50-266 Point Beach Nuclear Plant Unit 1 Steam Generator Repair" from the non-proprietary version of the same report.
4277Q: 1/042683
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- r CAW-83-35 This information provides details of egoipment design and compre-hensive plant data that were developed at significant expense.
This information has substantial commercial value to Westinghouse in connection with competition with other vendors for service contracts and performance evaluations.
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.
Public disclosure of this information is likely to cause substan,-
tial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.
Further the deponent sayeth not.
4 m
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