ML20090D287

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Requests Withholding of Proprietary RESAR-SP/90 Westinghouse Advanced PWR Module 4, RCS, (Ref 10CFR2.790). Affidavit AW-82-57 Encl
ML20090D287
Person / Time
Site: 05000601
Issue date: 07/11/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19273A237 List:
References
AW-84-66, NUDOCS 8407180178
Download: ML20090D287 (9)
v • d • e


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Westinghouse Water Reactor Electric Corporation Divislans (355 .

July 11, 1984 AW-84-66 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation

-U. S. Nuclear Regulatory Comission Washington D. C. 20555 APPLICATION FOR WITHHOLD ~ ; PROPRETARY INFORMATION FROM PUBLit; DIS 10SU RE SJBJECT: Westinghouse Advanced Pressurized Water Reactor (EPWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Module 4, " Reactor Coolant System" REF: Westinghouse Letter no. NS-EPR-2937, Rahe to Denton, dated July 11, 1984

Dear Mr. Denton:

This application fcr withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Comission's' regulations. It contains comercial strategic infomation proprietary to Westinghguse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-EPR-2675 dated Novenber 1,1982 and is equally applicable to this material.

. Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.750 of the Comission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-84-66 and should be addressed to the tndersigned.

Very truly yours, 8407180178 840711 PDR ADOCK 05000601 - . .

K PDR '

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j h ert A. Wiesemann, Manager U Regulatory & Legislative Affairs

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/kk cc: E. C. Shomaker, Esq.

Office if the Executive Legal Director, NRC l

. AW-82-57 l 4

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, AF:IDAVIT  !

COMMONWEALTd 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY: l

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Before me, the undersigned authority, personally appeared l 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 l

Westinghouse Electric Corporation (" Westinghouse") and that the averments i of fact set forth in this Affidavit are true and correct to the best of his ' knowledge, information,. and he-lief:  !

. l MC a -

n Q. McAcco, Assisunt Manager Nuclear Safety Depart =ent  :

Swom to and subscribed before me this / day, -

of b w rvl W /1982. '

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Notary Public  !

nuum stansu. .wraaf PU3UC

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AW-82-57 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear I Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing ,

the proprietary infomation sougnt to be withheld from public dis-closure 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) r am making this Affidavit in conformance with the provisions of 10CFR Section 2.79G of the Comission's regulations and in con- r

' junction with the Westinghouse. application for withholding ac- [

companying this Afffdavit. I (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse NucTear Energy Systems 'in designating infomation as a trade secret, privileged. or as confidential commercial or financial infomation.

(4) Pursuant to the provisions of paragraph (b).(41 of Section 2.790 l of the Comission's regulations, the fol1owing is furnished for ,

consideration by the Comission in deternining whether the in-  !

femation sought to be withheld from public disclosure should be j withheld. t

, (11 The infornation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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AW-32-57 ,

t (ii) The information is of a type custcmarily herd in confidence

. by Westinghouse and. not custcmarily disclosed to the public. l Westinghouse has a rational bas'is for determining the types  ;

of infonnation customarily held in confidence by it and, in '

, that connection, utflizes.a system to deternine when and -}

whether to hold certain types of information in confidence. l The application of that systam and the substance of that f systam constitutar Westinghouse policy and provides the rctional basis required.

i Under that systam, infonnation is held in confidence if it i falTs in one or more of several types, the release of which '

I might result in the loss,.of an existing or potential ccm-petitive advantage, as.~follows:

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(a). The infonnation reveals the distinguishing aspects of i a process (or 'ecmponent, structure, tool, method, etc.)

where prevention of its use by any of Westinghouse's l competitors without license from Westinghouse consti- i l

tutes a ecmpetitive economic advantage over other  ;

L companies. l

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l (bl. It consists of supporting data, including test data, ,

i relative to a process (or ccmconent, structure, teal, ,

method, etc.), the application of which data secures a c=mpetitive economic advantage, e.g. , by optimi:ation  ;

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i or imoreved marketability. j i

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(c.) Its use by a competitor would reduce his, expenditure of resources or improve his competitive position in the des.ign, manufacture, shipment, instaliation, assurance  ;

of quality, or licensing a similar product.  !

(dl It reveals cost or prica infomation, production cap- I acities, budget levels, or connercial strategies of-Westinghouse, its customers or suppliers. ,

l (el. It reveals aspects of past, present, or future West-  !

inghouse or customer funded development plans and pro-l grams of potential connercial value to Westinghouse. i Cf)_ It contains patantalite. ideas, for which patent pro-  !

taction may be. desirab.Te. (

(g). It is not the property of Westinghouse, but must be  :

treated as proprietary by Westinghouse according to l agreements with the owner. '

There are sound policy reasons behind the-Westinghouse system l wMch include the following r

(a) The usa of such infomation by Westinghouse gives Westinghouse a competitive advantage over its ccm- l petitors. It is, therefore, withheld from disclosure -

to protect the Westinghouse ecmcatitive position.  !

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(b) It is infonnation which is marketaole in many ways. i The extent to which such infonnation is available to  ;

competitors diminishes the Westinghouse ability to I sell products and services involving the use of the  !

. infonnation. l

- (cl Usa by our competitor would put Westinghouse at a f competitive disadvantage by reducing his expenditure  !

of resources at our expense.

Cd). Each component of proprietary information pertinent l to a particular competitive advantage is potentially.  !

as valuable as the total competitive advantage. If competitors acquire ~ components of proprietary infor-1aatdon, any one component may be the key to the entire (

puzzle, thereby depriving Westinghouse of a competitive I advantage. -

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

(fl. The. Westinghouse capacity to invest corocrate assets  ;

in researr.h and development depends upon the success in obtaining and maintaining a ccmcetitive advantage. l

AW-82-57 (iii) The information is being transmitted to ,the Ccmmission in confidence and, under the provisions of 10CFR Section 2.7g0, it is to be received in confidence by the Commission.

Il Civ). The infomation sought to be protected is not available in ,

public sourcas or available infomation has. not been pre-

- viouriy empIoyed in the same original manner or method to  ;

tha.best of our knowledge and belief. l (v). The proprietary infomation sought to be withheld in this sub- '

.mittal is that which is. appropriately marked in the '"desting- .

house Advanced Pressurized. Water Reactor (WAPWR) Licensing Controi Occument." This document identifies specific design

~ features and improvements which the WAPWR will have in order to meet current 'reguTatorr.requiraments. In addition, it establishes the WAPWR-position with respect to each require-  ;

ment. -

Pubife disclosure of this infonnation is likely to cause sub- ,

stantial harm to the competitive position of Westingnouse as it would reveal the description of the improved design features of the WA, PWR; Westhghouse plans for future design, testing. and analysis aimed at design verification; and demonstration of the

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design's capability to meet evolving NRC/ACRS safety goals.

All df this infomation is of comoetitive value because cf the  ;

large amount of effort and money excended by Westinghouse over a period of several years in carrying out this particular 5

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t AW-32-57 development program. Further, it would enable c:mpetitors to use the infomation for cominercial purposes and also to meet NRC requirements for if cansing documentation, each without I purchasing the right from Westinghouse to use the information. l Infomation regarding its development programs is val-uable to l E Westinghouse because: ,

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(.al.. Infomation resulting from its development programs gives  ;

Westinghouse a competitive advantage over its competitors. '

It is, therefore, withheld from disclosure to protect the Westinghouse competitive. position.

(bl. It is infomation wiiich is markatable in many ways. The  !

extent to which' such i.n.~ormation is available to c:mpeti-tors diminishes the Westinghouse ability to sell products l

! and services involving the use of the information. f I -

(.c). Use by our competitor would put Westinghouse at a ccm-1 l pctitive. disadvantage by reducing his expenditure of resources at our expense.

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(d) Each component of proprieta'ry information pertinent to  ;

l- a. particular competitor advantage is potentially as valuable as the total c mpetitive advantage. .If ccm- l

~ petTtors ' acquire components of proprietar.y 'information,  !

any one c::mponent may be the key to the entire puz:le  ;

f thereby depriving Westinghouse of a c:mpetitive advantage.  !

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AW-62-57 (e) The Westinghouse capacity to invest corporata assets in  !

research and development depends upon the success in ,

obtaining and maintaining a competitive advantage. ,

e i Being an innovative concept, this information might not be discovered by the competiton of Westinghousa independently. [

To duplicate this infonnation, competibrs would first have  !

to be. similarly inspired and would then have to expend an effort similar to that~of Westinghouse to develop the design.

Further the deponent sayeth not.

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