ML20081A469

Application for Withholding Proprietary Versions of Counterflow Preheat Steam Generator Tube Expansion Rept & Counterflow Preheat Steam Generator Tube Vibration Summary Rept, Per 10CFR2.790.Affidavit Encl

ML20081A469
Person / Time
Site:	Comanche Peak
Issue date:	08/26/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19268E253	List: ML20081A461 ML20081A469 ML20081A476 ML20081A484
References
AW-83-53, NUDOCS 8310260281
Download: ML20081A469 (9)

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\vj Westinghouse Water Reactor Box 355 PittsturghPennsyfvania15230 Electric Corporation Divisions August 26, 1983 AW-83-53 ,

Mr. Darrell C. Ei3enhut, Director Division of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comiss' ion Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014 APPLICATION FOR WITHH0LDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Texas Utilities Services Inc. letter dated June 9, 1983

Dear Mr. Eisenhut:

This application for withholding is submitted by Westinghouse Electric Corporation ("Westir.ghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. Withholding from public disclosure is requested with respect to the subject information.

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 and was accompanied by an

, affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.

The justification in affidavit CAW-81-86 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.

8310260281 830826

.PDR ADOCK 05000445 A PDR

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' Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter,- AW-83-53, and should be addressed to the undersigned.

Very truly yours, J.! $At Robert A. W esemann, Manager Regulatory and Legislative Affairs KEG Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC l

0020G/FTE/8-25-83

. c 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 Wastinghouse 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:

d. P. Rahe, Jr., $ nager Nuclear Safety Department Sworn to and subscribed before me this g day of m A2 1981.

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CAN-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 prcceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

l (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 information as a trade secret, privileged or as confid6ntial 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 furnished for cansideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(i) The infomation sought to be witnheld from public disclosure is owned and has been held in confidence by Westinghouse.

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' (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 l that connection, utilizes a system to detemine when and i I

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 distNguishing aspects of a process (or component, structure, tool, method,~etc.)

where prevention of 1.ts use by any of Westinghouse's competitors 'without license from Westinghouse consti-tutes a competitive econor.c' advantage over other

j. companies.

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(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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(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance i of quality, or licensing a similar product. I (d) It reveals cost or price information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial 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.

There are sound policy reasons behind the Westinghouse system

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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 discl.osure to protect the Westinghouse competitive position.

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5- CAW-81-86 (b) It is information which is inarketable 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 infor-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 i 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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6- CAW-81-86 (iii) The infomation 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 Comission.

(iv) The information sought to be protected is not available in public sources or available information has not been pre- a viously 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 appropriately marked in Model D-3 Steam Generator Presentation Slides for the McGuire Unit i being transmitted by the Duke Power Company latter Applica-tion for Withholding Proprietary Information from Public Disclosure, Parker to Youngblood, Decer,ber 1-981. The pro-prietary information as submitted is eIp'ected 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.

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. *i CAW-81-86 Further-this information has substantial commercial 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 connercial-power reactors,yithout comensurate expenses. Also, public disclosure ofihe information would enable others to use the infomation to meet NRC require-ments for licensing docume.ntation without purchasing the right to use the information.

The development of the technology described in part by the infomation 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 infomation, similar technical programs would have td be performed 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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