ML20084A677

Application for Withholding Proprietary Rept, Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Comanche Peak,Units 1 & 2

ML20084A677
Person / Time
Site:	Comanche Peak
Issue date:	04/15/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19268E843	List: ML20084A677 ML20084A680 TXX-4158, Forwards Nonproprietary & Proprietary Topical Rept, Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis For.... Application for Withholding Encl.Proprietary Rept Withheld (Ref 10CFR2.790)
References
CAW-84-35, NUDOCS 8404250181
Download: ML20084A677 (6)

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NumarTechn&gyDivisim Westinghouse Water Reactor Electric Corporation Divisions sa355 PittsburghPennsylvania15230 April 15, 1984 CAW-84-35 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 Generating Co. letter to NRC (TXX-4148 dated April,1984)

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Texas Utilities Generating Company (TUGCO) is further identified 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 TUGCO.

Correspondence with respect to the proprietary aspects of.the application for withholding or the Westinghouse affiaavit should reference this letter, CAW-84-35, and should be addressed to the undersigned.

Very truly yours, Robert A. Wie ann, Manager

/anj Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq. -

Office of the Executive Legal Director, NRC .

8404250181 840423 PDR ADOCK 05000445 A; __

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CAW-63-20 AF ::AVIT

MMONWEALTH CF PENNSYLVANIA:

ss COUNTI 0F ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn acceriing 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 f act set forth in this Aff fdavit are true and correct to the. best. of h.13 knowledge, information, and belief: .

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D.McAdoo,AssiiTIntManager

' Nuclear Safety Department Sworn to and subscribed before me this a E day nf 1 ,L..a-, 1983.

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CAW-63-60 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-Togy Division, of Westinghouse Electric Corporation and a: such, I have been specifically delegated the function of reviewing tne 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 benalf of the Westinghouse Water Reactor Divisions.

(2) I as making this Affidavit in conformance with the provisions of 10CFR Section 2. 790 of the Coassission's regulations and in conjunction with the

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Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Muclear Energy Systems in designating information as a trada secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Cosumission's regulations, the foiToding is furnished for consideration by the Commiss. ion in determining whether the information sought to be with-held fros' public disclosure should be withheld.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

i (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.

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, CAW-83-80 i

Under that system, information is held in confidence if it falls in one or more of several types, the release of whien might result in the loss of an existing or potential ecmpetitive advantage, as follows: .

(a) The information reveal's the distinguishing aspects of: a process (or ccaponent, 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, including test data, relative to

a. process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advan-tage, e.g., by- optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installat' ion, assurance of quality, or ifcensing a similar product.

(d) It reveals cost or price information, produe:1cn capacities, budget levels, or commercial strategies of Westinghcuse, its ,

customers or suppliers, (e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential l camercial value to Westinghouse.

(f)- It contains patentable ideas, for which patent protection may be L

desirable.

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' CAW-83-80 (g) It is not the property of Wastingnouse, but must be treated as proprietary by Westinghouse acc::rding to agreements with the l owner.

There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of information by Westinghouse gives Westinghouse a competitiv'e 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 ta sail products and services involving l'

the use of the information I tc) Use by our competitor wodid put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a parti--

. cular competitive advantage is potentially as valuable as the l

total competitive advantage. If competitars 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.

(e) Unrestricted disclosure would feopardize 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 (f) The Westingnouse capacity to invest corporate assets in research and development depends upon the success in obtaining ano main-taining a comoetitive advantage.

(iii) The informaticn is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it 's to be received in confidence by the Comission.

(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 1983, prepared by S. A. Swamy and J. J. McInerney.

I The subject information could only be dupiteated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.

Public disclosure of this information is likely to cause substantial harm to the competitive position o"f Westinghouse because it would simplify design and evaluation tasks without requiring a consensurate investment of time and effort.

Further the deponent sayeth not.

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