ML20091E446

Requests Withholding of Referenced Proprietary Info from Public Disclosure (Ref 10CFR2.790).JD Mcadoo 830926 Affidavit Encl

ML20091E446
Person / Time
Site:	Catawba
Issue date:	05/22/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A197	List: ML20091E435 ML20091E446
References
CAW-84-47, NUDOCS 8406010250
Download: ML20091E446 (6)

Text

• Attachment 1 ,

Water Reactor Nuclear TechnologyDivision Westinghouse Electric Corporation Divisions Box 333 PittsburghPennsylvania15230 May 22, 1984 CAW-84-47 Mr. Harold R. Denton, Director l Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555 APPLIC_ATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Duke 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 Duke Power Company is further identified in an affidavit signed by the owner of the proprietary infonnation, 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 Comission and addresses with specificity the considerations listed in para-graph (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 Duke Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, ,

CAW-84-47, and should be addressed to the undersigned.

Very truly yours, Robert A. Wiesemann, Manager

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

Office of the Executive Legal Director, NRC 8406010250 840529 POR ADOCK 05000413 A .PDR .a

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l CAW-83-20

. A R DAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY: .

i l Before me, the undersigned authority, personally appeared John O. McAdoo, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavi..t on behalf of Westinghouse Electric Corporation ("destinghouse*) and that the averments of fact . set forth in, this Affidavit art true and correct to th'a best of his knowledge, information, and belief:

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j 0. McAdoo, Assi d nt Manager Nuclear Safety Department l

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Sworn to and subscribed I kefore me this 3 5 day of Jp h,. A , 1983.

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. CAW-83-80 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Technc-logy Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the preprietary  ;

information sought' to be withheld from public disclosure ir. connection with nuclear power plant licansing'or rule-making proceedings, and as authorized to apply for its withhciding on behalf of the Westinghouse

Water Reactor Divisions. .

.(2) I as making this Affidavit in cariformance with the provisions of 10CFR Section 2.790 of the Cosmeission's regulations and in conjunction with;'3e Westinghouse application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the critaria and procedures utilized by Westinghouse, Nuclear Energy Systans in-designating information as a trade secret, priviTeged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 of the Commissyn's regulations, the fa1Tosing is furnished for consideratien by -

the Commission in datarmining whether the information sought to be with-heldfrohpublicdisclosureshouldbewithheid.

(i) The information sought to be withheld from public disclosure is ownec 4 '

and has been held in confidenca by Westinghouse. t 4

e, (11) The information is of a type customarily held in confidenca by Westinghouse and not customarily disclosed to the public. Westing-house has a rational basis for detaraining the types of informatien customarily held in confidenca by it and, in that connection, utilizes a systas to determine when and whether to hole cartain types of information in confidence. The applicatien of that system and the substanca of that systas constitutas Westinghouse policy and provides the rational basis required.

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. , CAW-63-40 3

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

(a) The information reveals the distinguishing aspects of a precass (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without licanse 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 secuess a competitive economic advan-tage, e.g., by-optimization or improved marketability.

(c) Its use by a competitor wed1d reducs his expenditure of resour-cas or improve his compecifive position' in the design, manufac-ture, shipment, hsta11ation, assurance of quality, or ficansing asimilarprohct.

(d) It reveals cost or prica information, production capacities, budget levels, or consercial stratagies of Westinghouse, its customers or suppliers. .

(e) It reveals aspects of past, present, or fu'ture Westinghouse or customer funded development plans and programs of potantial commercial value to Westingnouse.

(f) It contains patentable ideas, for which patent protsetion may be desirable.

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. .y. 1 4- CAM-63-80 (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse acccrding to agreements with the owner. '

i There are sound policy reasons behind t.he Westinghouse system which l include the following:

(a) The use of information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefora, 1 withheld from disclosure to protact the Westinghouse competitive position.

(b) It is information which is sarketable in many ways. The extant to which such information is available to competitors diminishes the $estinghouse ability to sail products and servicas involving the use of the information.

(c) Use by our competitor woirld put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expensa.

(d) Each component of proprietary information pertinent to a parti-cular competitive advantage is potentially as valuable as .the total competitive advantage. If competitors ac:;uire components j of proprietary information, any one component' may be the key to j the entire puzzle, thereby ' depriving Westinghouse of a competi-tive advantage.

(e) , Unrestricted disclosure wou14 jeopardize the position of promi-nones of Westinghouse in the world market, and thereby give a market advantage to the competition in those, countries.

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CAW-83-60 (f) n e Westingnouse capacity to invest corporats assets in researen and development depends upon the sue: ass in obtaining and main-taining a competitive advantage.  ; ,

(iii) De information is being transmitted to the Cosarission in confidenca and, under the provisions of ICCFR Section 2.790, it is to be received in confidenca by the Cosumission.

(iv) . De information sougnt to be protected is not available in public sourcas 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 Sases 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 competitors if they were to invest time and effort equivalent to that investad by Westinghouse provided they have the requisita talent and experienca.

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

Further the' deponent sayeth not.

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