ML20092N573

Requests Withholding Proprietary Matl,Per 10CFR2.790. Affidavit CAW-83-80 Encl

ML20092N573
Person / Time
Site:	Catawba
Issue date:	06/13/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A303	List: ML20092N569 ML20092N573 ML20092N576
References
CAW-84-55, NUDOCS 8407030297
Download: ML20092N573 (6)

Text

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Nuclear TechnologyDivision Westinghouse Water Reactor Electric Corporation Divisions aoxass PittsburghPennsylvania15230 June 13,1984 CAW-84-55 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:

Duke Power Light Company Letter to NRC dated June 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 information, 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 Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission'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.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-55, and_should be addressed to the undersigned.

Very truly yours, R. A. Wiesema n 1 Manager Regulatory & L islative Affairs HFC/anj cc: E. C. Shomaker, Esq.

Office of_the Executive Legal Director, NRC 8407030297 840627 PDR ADOCK 05000413 A. PDR i4

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authorized to execute 1.iis Aff,idavi.t' cn behalf cf 'destinghouse Electric

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(" Westinghouse") and'that th,a, averments' 'of fact . set 'fo'rth in this Affidavit are true and correct to)the best of his knowledge, information,- and beffef: ,s e I,

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• 2- CAW-83-80 I

(1) I am Assistant Manager, Nuclear Safety.Cepartment, in the Nuclear Techno-Togy Division, of Westinghouse Electric Corporation and as such, I have  ;

i been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disciosure 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.

f (2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comission'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 I

secret, privileged or as confida tial commercial or financial information. L l

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the l Commission's regu'1ations, 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 withheid. t

. ('i ) The information sought- to be withheld frem public disclosure is owned I and has been held in confidence by Westinghouse.

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i l (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing- l bouse has a rational basis for determining the types of information j customarily held in confidence by it and, in that connection, 3 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 Westinghouse policy and provides the rational basis required.  !

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, s Under that system, information is held in confidence if it falls in

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gone or.more of several,. types, the release of..which 'might result in <

.i the loss of an existing or potential competitive advantage, as ,

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(a)TThe -information reveals the distinguishing ' aspects of a process a (or component, structure, tool, method, etc.) where prevention 2'of its usa.by any of Westinghouse's compe*.itors without license a ~ .

.from Westinghouse constitutes'a competitNe economic advanta'ge'

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~ovei'obekcompanies. '

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a(b) f It'ncasists of suppcrting' data, including test data, relative to

-1 preciss _{cr: compon'ent, structure, toc 1, metho'd~, etc.), the application 'of which data secures a competitive itchncmic advan-

'tage, d.gs, by optimizationsor improved marketability.

9-I(c)'. Its se by; a competitor would reduce his expenditure of resour-

/ ces oficprove his, competitive position fin thelesign, mar,ufac-

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+ i ture, shipment,-insta11ation, assurance of' quality, or licensing a similar produc ' ' ~

(d) :It reveals cost or price information,_ production' capacities,

~ budget levels, or commercial strategies of Westinghouse, its custcmers or s'uppliers.

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, s (e) -It reveais aspects of past, present, or future Westinghouse or .

- custcmer funded development pians and programsif potential comercial value to 'ilestinghouse. , .

(f) It contains patentable ideas, for which patent protection may be l ,

desirable. '

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CAW-83-80

. t (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 Westinghousa system which include the following:

(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 available to competitors diminishes i the Westinghouse ability to sell products and services involving the use of the information.

(c) Use 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 parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If ccmpetitors acquire components -

of. proprietary information, any one component may be the key to the entire puz::le, thereby depriving Westinghouse of a competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-

! nence of Westingnouse in the world market, and thereby give a market advantage to the competition in those countries.

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i CAW ~83-80 (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 the 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 l

. Eliminating large Primary Loop Pipe '<uptures as the Structural Design Bases 'for the South Texas Prgject,' dated September 1983, prepared by ,

S. A. Swamy and J. J. McInerney.

The subject information could only be duplicated by ccmpetitors if  ;

they were to invest time and effort equiva' Tent 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 Westinghouse because it would <

simplify design and evaluation tasks without requiring a ccmmensurate investment of time and effort.

t Further the depenent sayeth not. ,

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