ML20090K666

Requests Proprietary WCAP 10551, Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Aw Vogtle Units 1 & 2, Be Withheld

ML20090K666
Person / Time
Site:	Vogtle
Issue date:	05/09/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A161	List: ML20090K662 ML20090K666 ML20090K673
References
CAW-84-83, NUDOCS 8405240312
Download: ML20090K666 (6)

Text

O Nuclear TechnologyDivisicn Westinghouse Water Reactor Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 May 9, 1984 CAW-84-43 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:

Georgia Power Company letter to NRC dated May 1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Georgia Power Company is further identified in an affi-davit signed by the owner of the proprietary information, Westinghouse Elec-tric Corporation. The affidavit, which accompanies this letter, sets forti 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 Comission'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 Georgia Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-43, and should be addressed to the undersigned.

Very truly yours, wnw g Ro 'ert A. Wiesemann, , ger

/bek egulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC -

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.Before me, the undersigned authprity, persenally '- appeared John D. McAdoo, who,

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-being by me duly s yorn acccedfa;g.to law, 'depcses'and says that'he is

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,4uthorized to execde th'f s'Af0idavit on behalf o'f We:.tinghouse Electric

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Corporation ("' dest'ingh'ouse") and that the averments 47 fact set forth in this

- Affidavit are true and correc$ to the best.of his kn'owledge, information, and belief: -

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,. Jo D. McAdoo, Assi Want Manager

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Sworn to and subscribed,  ;

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o CAW-83-80 (1) I am Assistant Manager, Nuclear Safety Departmenti, in the Nuclear Techno-lo.gy Division, of 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 or rule-making proceedings, and am authorized to apply for its withholding en behalf of the Westin'ghouse Water Reactor Divisions.

(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 Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.

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(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of the Commission's regulations, the fo1 Towing is furnished for consideration by 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 I 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 Westingnouse policy and provices the rational basis required.

9 CAW-83-80 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) The 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 suppotting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive econcmic advan-tage, e.g., by optimization or improved marketability.

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

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 l

desirable.

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o 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 fcilowing:

(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 ava'ilable 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 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 l

l the entire puzzie, thereby depriving Westinghouse of a competi-tive advantage.

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

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(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and main-taining a competitive advantage.

(iii) The information is being transmitted to 'he t 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 to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that 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.

The subject information could only be duplicated by ecmpetitors if they were to invest time and effort equiva' lent 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 of Westingneuse because it would simplify design and evaluation tasks without requiring a ecmmensurate investment of time and effort.

Further the deponent sayeth not.

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