ML20081F623
| ML20081F623 | |
| Person / Time | |
|---|---|
| Site: | Fort Saint Vrain  |
| Issue date: | 06/05/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19298E577 | List: |
| References | |
| CAW-91-170, NUDOCS 9106110301 | |
| Download: ML20081F623 (12) | |
Text
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@ to P-91198 June 6, 1991 Page 1 Westinghouse Energy Systems
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Electric Corporation June 5, 1991 CAW-91-170 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley rector APPLICATION A WITHHOLDING PROPRIETARY JEFORMATIC. FROM PUBLIC DISCLOSURE
Subject:
Fort St. Vrain Decommissioning Cost Estimate.
Dear-Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Public Service Company of Colorado is further identified in Affidavit CAW-91-170 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 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 affidavit by Public Service Company of Colorado.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-91-170, and should be addressed to the undersigned.
Very truly yours, WESTINGHOUSE ELECTRIC CORPORATION R. P. DiPiazza, Manager Operating Plant Licensing Support Enclosures cc:
M. P. Siemien, Esq.
Office of the Gener al Cour,sel, NRC V. Wilson, Nuclear Reactor Regulation 9106110301 910606 PDR ADOCK 05000267 P
. - - to p.933gg June 6, 1993 Page 2 CAW.gj-170-AFFIDAVIT C0K40NWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Ronald P. DiPiazza, 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:
adM Nnal'dP.DiPiazza,=Manh Operating-Plant Licensing Support Sworn to and subscribed before me this 5 8( day of d L&tL 1991.
U (2 1lltt grtg f)'{fp-tg, Notary Publi[
Notarial Sect Pameta Losg Moore, Notary Public Monroeville Boro, Allegheny County My Commission E2pires Aug.15,IMi g ember, Pennsylvania Assocbtion.cf Notaries,
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Attachment I to P-91198 June 6, 1991 CAW 91-170 Page 4 (1) I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Division, of the 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 and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit, (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 Westinghouse application for withholding accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential commercial cr 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 consideration by the Commission in determining whether the information sought to be withhald 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, a
Attachment I to P-91198 June 6, 1991 CAW-91-170 Page 5 (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 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 competitive advantage, as follows:
(a)
.ie information 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 constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, thcluding 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.
Attachment I to P-91198 June 6, 1991
-4' CAW-91 170 Page 6 (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.
l (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 customer funded development plans and programs of potential 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 prcprietary 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 competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
l l
Attachment I to P-91198 CAW-91-170 June 6, 1991,
j Page 7 l
The extent (b)
It is information which is marketable in many ways.
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 information, any one compor:ent may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
Unrestricted disclosure would jeopardize the position of (e) prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
The Westinghouse capacity to invest corporate assets in research (f) and development depends upon the success in obtaining and maintaining a competitive advantage.
Attachment I to P-91198 June 6, 1991 CAW-91-170 Page 8 (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 previously employed in the same original manner or method to the best of our knowledge and belief.
(v)
The proprietary information soi.ght to be withheld in this submittal is that which is ar.propriately marked in
" Fort St. Vrain Decommission Cost Estimate", June, 1991, (Proprietary), for the Fort St. Vrain Nuclear Generating Station, being transmitted by the Public Service Company of Colorado (PSC) letter and Application for Withholding Proprietary Information from Public Disclosure, A. Clegg Crawford, PSC, to Document Control Desk, Attention Dr. Thomas Murley.
The proprietary information as submitted for use by Public Service Company of Colorado for the Fort. St. Vrain Nuclear Generating Station is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of decommissioning cost estimates.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation of cost or price information, associated with decommissioning nuclear power plants.
Attachment I to P-91198 June 6, 1991
-7 CAW-91-170 Page 9 l
(b)
Establish the basis for future proposals for decommissioning other nuclear power plants.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for decommissioning cost estimates.
(b) Westinghouse can sell support and defense of similar information to its customers in the licensing process.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar documentation and licensing defense services for commercial power reactors without commensurate expenses.
Also, public disclosure of the information would enable others to una the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of the technology described in part by the information 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,
Attachnient 1 to P 91198 June 6, 1991 CAW-91-170 j
Page 10 in order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for the f
development of a detailed cost estimate.
Further the deponent sayeth not, l
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f I
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i ATl'ACllMENT 2 TO P-91198 Proprietary Informa: ion and Copyright Notices
- to P-91198 June 6, 1991 Page 1 PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/
DOCUMENTS FURNISHED TO THE NRC IN CONNECT PLANT SPECIFIC REVIEW AND APPROVAL WITH REQUE5.' r0R GENERIC AND IN ORDER TO CONFORM TO THE REQUIREMENTS OF REG'1LATIONS CONCERNING THE PROTECTION OF 10CFR2.790 0F THE COMMISSION'S
(
{
TO THL NRC THE INFORMATION WHICH IS PROPRP k
CONTAINED WITHIN BRACKETS AND WHERE THE DELETED IN THE NON-PROPRIETARY VERSIONS ON INFORMATION THAT WAS CONTalNED WITHIN THE BLY THE BRA HAVING BEEN DELETED.
THE JUSTIFICATION FOR CLAIMIN DESIGNATED AS PROPRIETARY IS INDICATED IN ION SO LETTERS (a) THROUGH (g) CONTAINED WITHIN PBOTH VERSI IMMEDIATELY FOLLOWING THE BRACKETS ENCLOS LOWER CASE LETTERS REFER TO THE TYPES OF NG E HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONIN THESE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL S (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE PURSUANT TO 10CFR2.790(b)(1)
_._.. to P-91198 June 6, 1991 Page 1 PROPRIETARY !!4FORi%T10N NOTICE TRANSMITIED HEREWITH ARE PROPRIETARY AND/0R NON PROPRIETARY VERS 10fiS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECT 10!1 WITH REQUESTS FOR GEf4ERIC AND/0R PLAllT SPECIFIC R" VIEW Af40 APPROVAL.
IN ORDER TO CONFORM TO 1HE REQ'llREMENTS OF 10CFRP,790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NT, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORnATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS OHlY THE BRACKETS REMAIN, THE INFORMAT10f4 THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERS!0fiS HAVING BEEN DELETED.
THE JUSTiflCATION FOR CLAIMING THE INFORMATION 50 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIP1 IMMEDIATELY FOLLOWING 7HE BRACKETS ENCLOSING EACH ITEM ON INFORMATION.
THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDSINCONFIDENCEIDENilflEDINSECTIONS(4)(ii)(a)THROUGH(4)(ii)(g)0FTHE AfflDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFd2.790(b)(1).
n b
w u.,
l Copyright Notice Attachment ? to P-91 s
June 6, 1991 Page 2 The reports transmitted herewith each bear a Westinghouse copyright notice.
The NRC is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant specific reviews and approvals as well as the issuince, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as niay be required by NRC regulations if the number of copies submitted is insufficient for this purpose.
The NRC is not authorized to make copies for the personal use of members of '.he public who make use of the NRC public document roo.ns.
Copics made by the NRC must include the copyright notice in all instances and the prop-.tary notice if the original was identified as proprietary.
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