ML20078C227
| ML20078C227 | |
| Person / Time | |
|---|---|
| Site: | McGuire  |
| Issue date: | 09/02/1983 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Eisenhut D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19277E191 | List: |
| References | |
| CAW-83-60, NUDOCS 8309270488 | |
| Download: ML20078C227 (8) | |
Text
O-Westinghouse Water Reactor Bcx355 Electric Corporation Divisions PittsMgn Ptsmr.ania 15230 September 2, 1983 CAW-83-60 Mr. Darrell C. Eisenhut, Director Division of Licensing Office of Nuclect Reactor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Eisenhut:
The proprietary material for which withholding is being requested by Duke Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-81-86. The affidavit CAW-81-86 submitted to justify the previous material is equally applicable to this material.
It is respectfully requested that the information which is proprietary to Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit in support of Du'<e Power Company.
Correspondence with respec; to the proprietary aspects of the application for withholding or the Westingluuse affidavit should reference this letter, CAW-83-60, and should be addressed to the undersigned.
l Ver, truly your,
l Robert A. Wiesemann, Manager Regulatory and Legislative Affairs KEG Enclosure cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 8309270488 830914 PDR ADOCK 05000369 P
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CAW-81-86 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared E. P. Rahe, Jr., 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:
~
E. P. Rahe, Jr., @ nager Nuclear Safety De.partment l
l Sworn to and subscribed l
before me this d_f_ day of m_Am 1981.
>>x
[NotaryPub[ic[..
l
. CAW-81-86 (1)
I am Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the pro-prietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking 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 Comission'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 infomation as a trade secret, privileged or as confidd$tial comercial or financial _information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furr.ished for consideration by the Comission in detemining 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 and has been held in confidence by Westinghouse.
1 I
. CAW-81-G6
~
(ii)
The infomation 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, infomation 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-petitive advantage, as follows:
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, metnod, etc.)
where prevention of 1.ts use by any of Westinghouse's competitors without license from Westinghouse consti-
~
tutes a competitive economic advantage over other companies.
i j
(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 l
l competitive economic advantage, e.g., by optimization or improved marketability.
. CAW-81 -86 (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 cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or sappliers.
(e)
It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential connercial value to Westinghouse.
(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.
v There are sound policy reasons behind the W^stinghouse system wh:ch include the followini:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its ccm-petitors.
It is, therefore, withheld from discl.osure to protect the Westinghouse competitive position.
, CAW'-81 -86 (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 infor1 nation.
(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 infor>
mation, any one component may be,the key to the entire puzzle, thereby depriving Westinhouse 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.
l
w
' CAW-81-86 (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.
(iv)
The information sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method to l
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 Model 0-3 Steam Generator Presentation Slides for the McGuire Unit 1 being transmitted by the Duke Power Company letter Applica-tion for Withholding Proprietary Information from Public Disclosure, Parker to Youngblood, December 1981.
The pro-prietary information as submitted is ixdected to be applicable in other licensee and applicant submittals in response to cer-tain NRC requirements for justification of the steam generator design and operation.
This information is part of that which will enable Westing-house to:
(a)
Provide documentation of the analyses, method and test-ing for product design and operation.
(b)
Assist the customer to obtain NRC approval.
.so.
. CAW'-81-86 Further this information has substantial comercial value as follows:
(a)
Westinghouse plans to sell similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b)
Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.
Public disclosure of this infomation is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense services for comercial. power reactorg.,without comensurate expenses.
Also, public disclosure of *dhe information would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the infomation.
The development of the technology described in part by the information is the recult 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 t6 be perfomed and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development.
Further the deponent sayeth not.
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