ML20092H681
| ML20092H681 | |
| Person / Time | |
|---|---|
| Site: | Catawba  |
| Issue date: | 05/04/1984 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19269A286 | List: |
| References | |
| CAW-84-41, NUDOCS 8406260238 | |
| Download: ML20092H681 (6) | |
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ATTACHMENT 1
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( yJ Westinghouse Water Reactor Nuclear TechnologyDivision Electric Corporation Divisions sax 333 PittsburghPennsylvania15230 May 4, 1984 CAW-84-41 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington, D. C.
20555 APPLICATION FOR WITHH0LDING 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 affi-davit 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 dis-closure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regu-1ations.
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.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-41, 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 8406260238 840618 PDR ADOCK 05000413 A
v-i CAW-33-60 l
AFF* DAVIT l
t CCMMON W.ALTH OF PENNSYLVANIA:
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COUNTY OF ALLIGHENY:
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t Before me, the ut.dersigned authority, personally appeared John D. McAdco, who,'
being by me duly sworn according to law, deposes and says that he is authorized to execu1is this Affidavit on behalf of Westinghouse Electric f
Corporation I'"destinghouse ) and that the averments of fact, set forth in this l a
Affidavit are true and correct to the best of his knowledge, information, and :
1 belief:
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N-g u + - e =m.
l 0.McAdco,AssidntManager Nuclear Safety Department i
f Sworn to and subscribed before me this h 4 day I
of a lt..sk, 1983.
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- CAW-63-60 i
l (1)
I as Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-l logy Division, of Westinghouse Electric Corporation and as such, I have j
I been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licansing or rule-making procaedings, and as authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.
.(2)
I as making this Affidavit in coriformance 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 critaria and procedures utilized by Westinghouse, Nuclear Energy Systans in-designating information as a trade secret, privileged or as confidential commercial or financial information (4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Constission's regulations, the folToding is furnished for consideration bg the Commission in determining whether the information sought to be with-held from public disclosure should be withheid.
(i)
The information sought to be withheld from public disclosure is owneg and has been held in confidenca by Westinghouse.
(ii)
The information is of a type customarily held in confidenca by Westinghouse and not customarily disclosed to the pubiic.
Westing-house has a rational basis for datarmining the types of informatien customarily held in confidenca by it and, in that connection, utilizes a system to datarmine when and whether to hole cartain type of information in confidenca.
The application of that system and th l
substanca of that system constitutas Westinghouse policy and' provide l
the estional basis required.
l
. ' CAW-63-60 t
i 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 competitive advantage, as follows:
i (a)
The information reveals the distinguishing aspects of a precass (or component, structure, tool, method, etc.) where prevention l
of its use by any of Westinghousa's competitors without licansa from Westinghouse constitutas a competitive economic advantsge j
over other companies.
(b)
It consists of supporting data, including tast data, relative to a procass (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advan-tage[e.g., by-optimization or improved maricatability.
(c)
Its use by a competitoN would reduca his expenditure of resour-cas or improve his competitive position in the design, manufac-ture, shipment, installation, assuranca of qua11ty, or ifcansing i asimilarprdduct.
J (d)
It reveals cost or prica informatton, production capacities, budget levels, or commercial stratagies of Westinghousa, its
[
j customers or suppliers.
(e)
It reveals aspects of past, present, or fu'ture Westinghouse or customer funded development plans and programs of potential f
commercial value to Westinghouse.
(f)
It contains patantable ideas, for wnich patent protection may be ;
desirable.
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' CAW-43-80 j
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements witti the owner.
There are sound policy reasons behind the Westinghouse system which include the following:
l (a)
The use of information by Westinghouse gives Westinghouse a l
competitive advantage over its competitors.
It is, therefore, j
withheld from disclosure to protact the Westinghouse competitive j position.
i J
I (b)
It is information which is marketable in many ways.
The extant to which' such information is available to competitors diminishes the $estinghouse abf11ty to sell products and servicas involving l
the use of the information.
l (c)
Use by our competitor wod14 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-cutar 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 the entire puzzie, thereby depriving Westinghouse of a competi-tive advantage.
(e)
Unrestricted disclosure would jeopardi:e the position of premi-nones of Westinghouse in the world market, and thereby give a market advantage to the competition in those, countries.
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. CAW-03-60 l
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(f)
The Westingneuse capacity to invest corporate assets in research and development depends upon the sue::ess in obtaining and main-taining a ecapatitive advantage.
(iii)
The information is being transmitted to the Consission in confidence and, under the provisions of 10CFR Section 2.790, it is to be recaived in confidence by the Commission.
L (iv). The information sought to be protected is not available in public
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sources to the best of our knowledge and belief.
l (v)
The proprietary information sought to be withheld in this submittai 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 PPoject,' dated September 1983, prepared by I
- 5. A. Swamy and J. J. McInerney.
The subject information could only be duplicated by competitors if j
they were to invest time and effort equivalent to that invested by
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Westinghouse provided they have the requisite talent and experience.
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Public disclosure of this information is likely to cause substantiai l
harm to the competitive position of Westinghouse because it would
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simplify design and evaluation tasks without requiring a ccamensura:e l invest:sent of time and effort.
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l Further the deponent sayeth not.
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