ML20074A015
| ML20074A015 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 04/20/1983 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Varga S Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20074A014 | List: |
| References | |
| AW-76-35, CAW-83-13, NUDOCS 8305110377 | |
| Download: ML20074A015 (8) | |
Text
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d, Westinghouse Water Reactor Nuclear Technolcgy Olvision Electric Corporation Divisions acoss Pittsburgh Pennsylvania 15230 April 20, 1983 83-13 Mr. Stephen A. Varga, Chief Operating Reactors Branch 1 office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Ccmnission Phillips M 1 ding 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION KR WTIEHOIDING PROPRILTARY INERMATICN FROM PUBLIC DISCIDSURE SUR7ECI': NCAP-10196, "Second Cycle Perfonnance of Beaver Valley Unit 1 Fuel" (Proprietary)
REF.: DtxIuesne Light Cmpany Letter, Carey to Varga, dated April 1983
Dear Mr. Varga:
h proprietary material for which withholding is being requested by the Duquesne Light Ccrapany is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation.
h proprietary material for which withholding is being requested is of the same technical type as that proprietary material previsculy subnitted with application for withholding AW-76-35. The affidavit AW-76-35 sutriitted to justify the previous material is equally applicable to this material.
It is respectfully requested that the infonnation which is proprietary to l
Westinghouse and which is further identified in the affidavit be withheld frcrn public disclosure in accordau:e with 10CFR Section 2.790 of the Ccmnission's regulations.
Accordingly, this letter authorizes the utilization of the acccrnpanying affidavit in support of the Duquesne Light Ccrupany.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-13, and should be addressed to the undersigned.
V truly yours, 8305110377 830502 PDR ADOCK 05000334 Robert A. Wiesanann,gldf(t f
P PDR Malager Regulatory & Legislative Affairs cc:
E. C. Shmaker, Esq.
Office of the Executive Legal Director, NBC
AW-7655 AFFIDAVIT COM0h"n'EALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before fie this 1 day of __[/x4,[
1976.
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5 Notary Pub'lic g,...u..... :: :573
. AW-76-35
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(1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor
' Systems 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-closu.re 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.
f (2)
I am making this Affidavit in conformance with the provisions of
~ 10 CFR Section 2.790 of the Ccamission's regulations and in con-junction with the Westinghouse application for withholding ac-companying 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 infcrmation.
(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 the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.
(i) The information sought to be withheld from public disclosure is owned by Westinghouse and by other parties and has been held in confidence by Westinghouse.
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- AW-76-35 (ii) The information is of a type ccstomarily held in confide'nce 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, 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 com-
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petitive advantage, as follows:
(a) The informatf or. 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.
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1
. AW-76-35 (c)
Its use by a competiter 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 cap-acities, bu'dget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Oest-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinght.use.
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(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 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 com-petitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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. AW-76-35 (b)
It is information which is marketable in many ways.
The extent to which such ir. formation 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 prcprietary infor-
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mation, 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 in 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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- AW-76-35 (1.11) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.
(iv) The information is not available in public sources to the best of our knowledge and belief.
(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1161, Eiche1dinger to Stello, dated August 13, 1976, concerning information relating to NRC notification, under 10 CFR 50.59(a) and 10 CFR 50.55(e),
of generic problems on increased temperature in the upper head and D.'!B penalty associated with rod b'6w. The letter and attachment are being submitted in response to the NRC request at the August 9,1976 NRC/ Westinghouse meeting.
This information enables Westinghouse to:
(a) Justify the Westinghouse design correlations.
(b). Assist its customers to obtain licenses.
(c) Meet warranties.
(d)
Provid'e greater flexibility to custcmers assuring them of safe and reliable operation.
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. AW-76-35 (e) Optimize performance while maintaining high level of fuel integrity.
Further, the information gained from the rod bow program is of significant commercial value as follows:
1 (a) Westinghous'e uses the information to perfom and justify l
analyses which are sold to custcmers.
(b) Westinghouse sells testing services based upon the experience gained and the test equipment and methods developed.
Public disclosure of this infomation concErning DNS penalty associated with rod bow is likely to cause substantial ham to the competitive position of Westinghouse because com-petitors could utilize this information to assess and justify their cwn designs without commensurate expense.
The tests performed and their evaluation represent a con-siderable amount of highly qualified development effort.
This work was contingent upon a DNB development and testing program which has been underway during the past four years.
Altogether, a substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro-vided he had the appropriate talent available.
Further the deponent sayeth not.
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