ML20081E806

Application for Withholding Proprietary Version of Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as Structural Design Basis for Comanche Peak Units 1 & 2, Per 10CFR2.790.Affidavit Encl

ML20081E806
Person / Time
Site:	Comanche Peak
Issue date:	10/28/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19268E343	List: ML20081E806 ML20081E815 TXX-4069, Forwards Nonproprietary & Proprietary Versions of Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as Structural Design Basis for Comanche Peak Units 1 & 2. Proprietary Version Withheld (Ref 10CFR2.790)
References
CAW-83-95, NUDOCS 8311020243
Download: ML20081E806 (6)

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x Nttlear Technology Division Westinghouse Water Reactor Electric Corporation Divisions 80, 333 PmsburghPennsyIVania15230 October 28, 1983 CAW-83-95 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Texas Utilities Services Inc. letter to NRC (TXX-4069 dated Oct.1983)

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Texas Utilities Services Inc. (TUSI) is further identi-fied in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. 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 with specificity the con-siderations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Com-mission's regulations.

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-83-80.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by TUSI.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-95, and should be addressed to the undersigned.

! Very truly yours,

//Al44Ol44

Robert A. Wiesemann, Manager l /bek Regulatory & Legislative Affairs cc

E. C. Shomaker, Esq. _.

Office of the Executive Legal Director, NRC f'311020243 831031 PDR ADOCK 05000445 A PDR l

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CAW-83-80 AFF' DAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, 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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D. McAdoo, AssitrInt Manager Nuclear Safety Departr::ent l

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before me this a E day l Of Jp 6..sy 1983.

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CAW-83-80 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information s'ought to be withheld from public disclosure 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. -

(2) I as 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 Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential cosmarcial or financial information.

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l (4) Pu.suant to the provisions of paragraph (b)(4) of Section 2.790 of the i Commission's regulations, the foliosing is furnished for consideration by I the Commission in determining whether the information sought 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 Westinghouse and not customarily disclosed to the public. Westing-house 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 hole 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.

CAW-83-80

. l 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 competitive advantage, as follows: l (a) The information reveals the distinguishing aspects of a process ,

(or component, structure, tool, method, etc.) where prevention l 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 advan-l tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his compecifive position in the design, manufac-ture, shipment, insta11at' ion, 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 l

customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

CAW-83-80 (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 information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(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 wod1d put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our

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expense.

(d) Each component of proprietary information pertinent to a parti-cular competitive advantage is potentially 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 competi-l tive advantage.

l (e) Unrestricted disclosure would jeopardize the position of promi-nonce of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-83-80 )

l (f) The Westinghouse capacity to invest corporate assets in research 3 and development depends upon the success in obtaining and main- '

taining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under tiie 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 submittal is t' hat which is appropriately marked in " Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1933, prepared by S. A. Swamy and J. J. McInerney.

The subject information could mnly be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have tfie requisite talent and experience.

Public disclosure of this information is likely to cause substantial

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l harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate l

investment of time and effort.

( Further the deponent sayeth not.

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