ML20090J839

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Application for Withholding Proprietary RESAR-SP/90 Westinghouse Advanced PWR Module 3, Introduction & Site (Ref 10CFR2.790)
ML20090J839
Person / Time
Site: 05000601
Issue date: 05/16/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19269A137 List:
References
AW-84-40, NUDOCS 8405230317
Download: ML20090J839 (21)
v • d • e


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Westinghouse Water Reactor kx355 Electric Corporation Divisions M"*"8 h"5**"

May 16, 1984 AW-84-40 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 WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Westinghouse Advanced Pressurized Water Reactor (WAPWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Module 3, " Introduction and Site" REF: Westinghouse Letter No. NS-EPR-2908, Rahe to Denton, dated May 16,1984

Dear Mr. Denton:

This application for 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 commercial strategic information proprietary to Westinghouse 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 November 1, 1982 and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject information vhich is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

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Mr. H. R. Denton Page 2 AW-84-40 Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-84-40 and should be addressed to the undersigned.

Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs MDB/dr Attachment cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 5

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AW-82-57

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, , ,-i AFFICAVIT _

COMMONWEALT14 0F PENNSYLVANIA:

sa COUNTY OF ALLEGIEMY:

8efore me, the undersigned authority, personally appeared John O. McAdoc, who, being by ma duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (")iestinghouse") and that the avements of fact set forth in this Affidavit are true and correct to the best of' his knowledge, infor9mation,. and.lasTief:

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n Q. McAcoc, Assistant Manager Nucleer Safety Department Sworn to and subscribed before me this / day af hsrulVLl1982.

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Notary Public neumt nassaa,arrm mouc 24msentu.1 Seas. Au1 GIST o3INIT af COMul333C4 I2ytta masCN & W unseer. Nesseums & W W

_ . _ . . _ - . _ . _ . . _ _ _ _ _.._ _ .._.____.__.._._ _ __ _ ___..._ ___ _ ___ ._. ___________J_ _

AW-02-57 (1) I am Assistant Manager, Nuclear Safety Depart:nent, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary infonnation sought to be withheld from public dis-closure in connection with' nuclear. power plant licensing or rule-making proceedings, and aar authorized to apply .for its withholding on behalf of the Westinghouse Water Reactor Divisions.

l l ('Z) I as making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Cassiission's regulations and in con-l junction with the Westinghousa application for withholding ac-companying thir Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse NucTear Energy tystems in designating infonnation as a trada secret, privileged.'ar as confidential casunercial or financfal infonnation.

(4) Pursuant to the provisions of paragraph (b).(41 of Sectian 2.790 of the Casurission's regulations, the following is furnished for l

consideration by the Casurission in detensining whether the in-fonnation sought to be withheld from public disclosure should be withheld.

Cil The infonnation sought to be withheld frasi public disclosure l is owned and has been -held in confidence by Westinghouse.

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AW-82-57 (ii) The infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the pubife.

Westinghouse has a rational bas'is for detemining the types of infomation customarily held in confidence by it and, in that. connection, utilizes.a system to detemine when and whether to hold certain types of infomation in confidence.

The application of that system 'and the ' substance of that systes const,itutes Westinghouse policy and provides the rational basis required. -

Under that systes, information is held in confidence if it f falTs in one or more of several types, the release of which might result in the loss af an existing or ipotential com-l petitive advantage, as,~fhiToms:

(4). The htfomation reveals the distinguishing aspects of a process (or -c-T.at, stru'eture, tool, method, etc.)

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where prevention of its usa by any of Westinghouse's iitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.-

(h). 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 marketabfif ty.

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AW-82-57 (c.) Its use by a competitor would reduce his expenditure of resources 'or incrove his competitive position in the des.ign, manufacture, shipment, insts11ation, assurance of quality or licensing a simitar product.

(di It. revents cost or price infomatton, production cap-( acities, budget levels, or commercial strategies of l Westinghou.*e. its customers or suppliers.

(a). It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grass of' potentiai commercial value to Westinghouse.

i l Cf). It contains patentahTe; ideas.. fbr which patent pro-taction may be desirth,T e.

(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 such infomation by Westinghouse gives Westing 6cuse a competitive advantage over its com-Wi.ners. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

AW-82-57 (b) It is information which is marketable in many ways.

The extent to' which such infomation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infomation.

(cl Usa by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

Gi). Each component of proprietary information pertinent to a particular competitive advantage is potentially.

as valuable as the total. competitive advantage. If l competitors acquire components of proprietary infor-1sation, any one component may be the key to the entire l puzzle, thereby depriving Westinghouse of a competitive

! advantage.

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(.)

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

(f], The. Westinghouse capacity to invest corporate assets in research and development depends upon the sue::sss in obtaining and maintaining a competitive advantage.

1 l AW-62-57 1

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

Civ). The information sought to be protected is not available in public sources or available information has not been pre-viously empl'ayed in the same original manner or method to tha.best of our knowledge and belief.

(v). The p.sy, totary information sought to be withheld in this sub-sittal is that which is. appropriately marked in the " Westing-house Advanced Pressurized. Water Reactor (WAPWR) Licensing Controi~ Document.? This docusant identifies specific. design features and improvements which the _WAPWR will have in order to meet current reguTatort. requirements. In addition, it estahlfshes the PPWR positiert with respect to each require-ment.

Public disclosure of this information is likely to cause sub-stantial ham to the competitive position of Westinghouse as it would reveal the descMption of the improved design features of the }lAPWR; Westinghouse plans for future design, testing, and analysis afmed at design veHfication; and demonstration of the design's capability to meet. evolving NRC/ACRS safety goals.

All df this infomation is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular

AW-82 ~7 development program. Further, it would enable competitors to use the information for cadmarcial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Infomation regarding its development programs is valuable to Westinghouse because:

(A).. 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.

@) It is infomation which is markatable in many ways. The extent to which sucir;f,fie. tion is available to competi-

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tors diminishes the Mastinghouse ability to sell products and services involving the use of the infomation. ,

(.c). Usa by our competitor would put Westinghouse at a com-petitive, disadvantage by reducing his expenditure of resources at our expense.

Cd. } Each component of proprietary infomation pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-l pattters acquire components of proprietary information, any one component may be the key to the entire puzzle thereby depriiing Westinghouse of a competitive advantage.

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-a- AW-62-57 (e) The Westinghouse capacity to invest corporate asssts in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information afght not be discovered by the competitors of~ Westinghouse independently.

To duplicata this information, compatibrs would first have to be sfailarly 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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AW-82 ~7 AFFIDAVIT -

COMMONWEALTH OF PGNSYLVANIA:

ss COUNTY OF ALLEGiBY:

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 avements of fact set forth in this Affidavit are true and correct to the best of his knowledge, infomation,. and.lastief:

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l n Q. McAcco, Assistant Manager Nucteer Safety Department Sworn to and subscribed before me this / day of h erM L/.Ll1982.

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'- Notary Public neum nonssa,snaar resuc

assoning seas AEIGIUlf GENTT af c
Sin 3310m GFrit3 EASCI E N isuseer. Peasswvems Ansee8888 d "***

AW-82-57

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(1) I am Assistant Manager, Nuclear Safety Decart:nent, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the propriatary infomation sought to be withheld from public dis-closure in connection with' nuclear. power plant licensing or rule-making proceedings, and an authoH2nd to apply .for its withholding on behalf of the Westinghouse Water Reactor Divisions.

(2) I as making this Affidavit in conformanca with the provisions of 10CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghousa application for withholding ac-companying this Afffdavit.

(3) I have personal' knowledge of the criteria and procedures utilized by Westinghouse NucTear Energy tystans in designating infomation as a trada secret, privileged.be as confidential connercial or financial information.

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(4) Pursuant to the provisions of paragraph (b).(41 of Sectien 2.750 of the Comunssion's regulations, the following is furnished for consideration by the Consission in detemining whether i:he in-femation sought to be Uthheld from public disclosure should be withheld.

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

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AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is for detemining the types of inferination customarily held in confidence by it and, in that connection, utilizes.a system to datemine when and whather to hold certain types of infomation in confidence.

The application of that system ~and the ' substance of that systus constitutor Westinghouse policy and provides the rational basis required. -

Under that systas, infomation is held in confidence if it falTs in one or more of several types, the release of which sight result in the loss of an existing or' potential com-petitive advantage, as.~ft TTour:

! Ca) The information revenir the distinguishing aspects of l a process (or " component, stru' e ture, tool, method, etc.)

where prevention of its usa by any of Westinghouse's titors without ifcense from Westinghouse consti-tutes a competitive economic advantage over other companies.

(b). It consists of supporting data, including test data, relative to a process (or component, structure, tool, l

method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

~- ~.

4 AW-62-57 l l

l (c.) Its use by a competitor would reduce his expenditure l of resources or improve his competitive position in the das.ign, manufacture, shipment, installation, assurance of quality. or licansing a similar product.

(dJ It revenis cost or prica infersnation, production cap-acities, budget levels, or commercial strategies att

Westinghouse, its customers or suppliers.

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(el It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grass of' potential commercial value to Westinghouse.

Cf). It contains patentahTe; ideas . fbr which patent pro-taction may be desiraJtie.

(gl It is not the pnperty of Westinghouse, But must be treated as proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons behind the Wesi:inghouse system l

which include the following:

(a) The use of such infomation by Westinghouse gives Westing 6ouse a competitive advantage over its com-pai.U.ers. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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l AW-82-57 l (b) It is infonnation which is marketable in many ways.

The extent td which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infomation.

l l (cl Usa 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-1mation, any one: competent 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-in those countries.

l (fl The. Westinghouse capacity to invest corporata assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

1 l

AW-82-57 I

(iii) The infomation is being transmittad to the Ccmission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

Civ). The infomation sought to be protected is not available in public sources or available infomation has not been pre-viousTy emp1'ayed in the same original manner or method to l tha,best of our knowledge and belief.

(v) The proprietary infomation sought to be withheld in this sub-mittal is that which is. appropriately marked in the " Westing-house Advanced Pressurized. Water Reactor ()(APWR) Licensing Control' Document." This document identifies specific design features and improvements which the _WA,PWR will have in order to meat current 'reguTatorg . requirements. In addition, it

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estahlfshes the _A,PWR W positiert with respect to each require-ment.

Public disclosure of this information is likely to cause sub-stantfal ham to the competitive position of Westinghouse as it would reveal the description of the improved design features of the jjAPWR; Westinghouse plans for future design, testing, and an'alysis aimed at design verification; and demonstration of the design's capability to meet. evolving NRC/ACRS safety goals.

All df this information is of competitive value because of the l

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

[

AB-82-57 development program. Further, it would enable comoetitors to use the information 'or codnercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Information regarding its development programs is valuable to i Westinghouse because:

l (A).. Information resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

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

t (b). It is infotination which is markatable in many ways. The estent to which suctraipformation is available to competi-tors diarinishes the Westinghouse ability to sell products and services involving the use of the infonation.

(p[ Use by our competitor would put Westinghouse at a com-petitiva disadvantage by reducing his expenditure of resources at our expense.

! Gil Each component of paprietary infomation pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietar.y information, i

any one component may be the- key to the entire puzzle thereby depriving Westinghouse of a competitive adysntage.

l

l AW-62-57 l

.. l (e) The Westinghousa capacity to ir. vest corporata assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information might not be discovered by the competitors of~ Westinghouse independently.

To duplicata this information, competitors would first have to ha similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

l Further the deponent sayeth not.

'I l

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AW-82-57 (iii) The infomation is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

Civ). The infomation sought to be protected is not available in public sources or available infomation has not been pre- l viousTy emp1'oyed in the same original menner or method to l tha.best of our knowledge and belief.  !

(v) The proprietary information sought to be withheld in this sub-sittal is that which is. appropriately marked in the " Westing-house Advanced Pressurized Water Reactor ($PWR) Licensing Control Document." This document identifies specific. design features and improvements which the _WAPWR will have in order to meat current 'reguTaterg,. requirements. In addition, it estabitshes the ]iAPWR positiert with respect to each require-ment.

Public disclosure of this infomation is likely to cause sub-stantial ham to the competitive position of Westinghouse as it would reveal the description of the improved design features of the $PWR; Westinghouse plans for future design, testing. and an'alysis aimed at design verification; and demonstration of the design's capability to meet. evolving NRC/ACRS safety goals.

All df this infomation is of competitive value because of the l

large amount of effort and money expanded by Westinghouse over a period of several years in carrying out this particular L________--_________._...____

AM-62-57 development prognm. Further, it would enable comoetitors to use the infomation for cosinercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Infomation regarding its development programs is val-uable to Westinghouse becsuse: ,

(JL).. Information 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.

(h). It is infomation which is marketable in many ways. The extent to which sucfr i.p."e. tion is available to competi-tort diarinishes the Westinghouse ability to sell products and services involving the use of the infomation.

(.c( Use by our competitor would put Westinghouse at a com-petitiva disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary infomation pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-l l

petTtors acquire components of proprietary infomation, any one component may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.

1

~

AW-62-57 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the suecass in obtaining and maintaining a competitive advantage.

l Being an innovative concept, this infoniation might not be l

discovered by the competitors of Westinghouse independently.-

! To duplicate this infonation, competitors would first have to be risilarly inspired and would then have to expend an effort sfailar to that'of Westinghouse to develop the design.

Further the deponent sayeth not.

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