ML20094D173

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Requests Withholding Proprietary Vols 1 & 2 of RESAR-SP/90 Westinghouse Advanced Pwr,Module 5, Reactor Sys (Ref 10CFR2.790).Affidavit AW-82-57 Encl
ML20094D173
Person / Time
Site: 05000601
Issue date: 07/31/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19273A435 List:
References
AW-84-77, NUDOCS 8408080286
Download: ML20094D173 (9)
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N Water Reactor roxass Westinghouse Pittsbur$PemsyNania15230 Electric Corporation Divisions July 31, 1984 AW-84-77 Docket No. STN-50 601 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 DISCLn91RE WBJECT: Westinghouse Advanced Pressurized Water Reactor (MAWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Module 5, " Reactor System" (Volunes 1 and 2)

REF: Westinghouse Letter no. NS-EPR-2944, Rahe to Denton, dated July 31, 1984

Dear Mr. Denton:

This application for withholding is submitted by Westinghouse Electric Cor;nration (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Sectue 2.790 of the Commission's regulations. It contains connercial 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 Novenber 1,1982 and is equally applicable to this material.

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

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-84-77 and should be addressed to the u1dersigned.

Very truly yours,

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fobert A. Wiesemann, Manager -

R atory & Legislative Affairs

/kk cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC D 0

(, AW-EZ-57

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CCMMONWEAL3 0F ?ENNSYL'/ANIA:

s1 COUNTY OF ALLEGIENY:

Sefers me, the undersigned authority, personally acpeared John O. McAdco, who, being by ma duly sworn according to law, deceses and says that he is authori:ed to exec:ita this Af"4 davit on behalf of Westinghousa Electric Car;cration ('"destinghouse) and that the averments of fact sat forth in this Affidavit art true and cornet to the best of his knowledge, informatfen,. and lieif ef:

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\z w mcn n Q. McAcco, Assis ant Manager Nuclear Safety Cecart::ent Sworn to and subscribed befert me this / day, of ~/l , u % r u l U. L l 1 9 8 2 .

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(1)' I am Assistant Manager, Nuclear Safety Cecar =ent, in the .'tuclear Technology Division, of Westinghcuse Electric Carecration and as r

such, I. have been specifically delegatad the function of reviewing the proprietary infor nation sougnt to be withheld from puclic dis-closure in connecticn with'nuc1 ear. pcwer plant.1icansing or ru1e-r :naking precaedings, and im authorized to apply for its withnolding on behalf of the Westinghouse Water Reacter Divisions.

! (Z) I am making this Affidavit in conformanca with the previsions of

ICCFR Section 2.7c0 of the Ccanirsion's regulations and in con-

' function with the Westinghouse. acplicatien for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the critaria and precadures utili:ed

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by Westinghouse NucTear Energy.,,5ystams in designating infor nation as a trade secret, privileged. or as. c::nfidential connercial or j financial infer nation.

(4) Pursuant to the previsions of paragraph (b),(41 of Section 2.7g0 of the Ccamissicn's regulations, the fc11cwing is furnished for consideration by the Cenmission in detarnining whether :he in-fornation sought to be withheld f em public disclosure should be withheld.

l Cil The infornation scught n be wittneid from ::uc'ic disclosurt f

is cwned and has been held in confider.;= ty Westingneuse.

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(ii) Tne informadan is of a type cust:marily herd in c:nfidence e by Wesdnghcuse anct not cust:marily disclosed to the puclic.

Westinghouse has a rational bas'is for detarmining the types

. of information cust:marily held in c:nfidenca by it and, in that emnnecdon, utilitas.a system to datamine when and l' whether to hold cartain types of infomation in confidenca.

The application of that systam "and the substance of that systam constitutar Wesdnghause ;clicy and provides the rational basis required.

Under that systam, infor. nation is held in confidenca if it falTs in one or nere of several types, the release of which sight result in the loss,mf an existing or potential c:m-(_ petidye advantage, as"follows: .

(a). The tnfernation reveals the disdnguishing ascects of a precass (or 'c:mponent, stru'cture, t:cl , metacd, etc. )

where prevention of its usa by any of Westingneuse's c=moetitors without licanse fr:m Westinghouse c:nsd-tutas 'a c:mcedtive ec:ncmic advantsge over other c:mpanies. ,

t f (b). It consists of suppardng dats, including :ast dats, relative to a precass (or c:mcenent, structure, tec t ,

method, etc.), ene, acclication of whica daca secures a c:moedtive ec:ncmie advantage, e.g. , by cedmi:scien or imcreved marketsbility.

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4- AW-62 ~7 (c.) Its use by a c:mcettter would reduca his,ex:enditurt

- of resourcas or improve his c:mcetitive position in the des.ign, manufacture, shipment, installation, assuranca of quality, or licansing a similar product.

(d) It reveats cost or prica infernadon, preducdon eso-acities, budget levels, or ccamardal stratagies o$

Westinghouse, its custcmers or suppliers.

(e). It reveals aspects of past,. present, or futurt West-inghouse or cust:mer funded development plans and pro-grams of potandal conuerdal value to Wesdnghouse.

(~ Cf). It csntains pa antaEta ideas, for which patant pro-taction may be. desirth.T e.

It is not the property of Westinghouse, but must be (g).

treated as proprietary by Wesdnghouse ac:crdng to av . mts with de owner.

Thers are sound policy reasons behind the Westingneuse system l . which include the following:

(a) The use of such infernation by Wesdngneuse gives Wasdngneuse a c:meedtive advantage syc.r i:: 5:m-perfters. It is, ' ertfort, withheld fMm disclosurt te protact de Wesduciouse 5 mcetitive sosition.

-i- /,W-42-57 lf' (b) It is infomation which is marketacle in many ways.

je The extant to which such infomation is availacle to ccmcetitors diminishes the Westingneuse ability to i sell products and sardcas involving the use of the i . infcmation.

! (c). Usa by our c=mpetitor would put Wesdngscuse at a j competitive disadvantage by reducing his excenditure of resources at our expense.

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(d). Each component of preprietary infomation pertinent to a particular competitive advantage is patantially.

as valuaale as the total ecmpetitive advantage. If C competitors acquire ~cesconents of pmprietar/ infor-

! 1nstion, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a ecmcetitive advantage. .

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(.e) Unrestrictad disclosure would f accardi:n the position of preminenca of Westinchetise in the world market, and thereby give a market advantage to the esmeetition-i in those countries.

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! (fl, The.Westinghause cacacity to invest emnersta assets in research and deveiccment decends ucen the sucesss in chtaining and saintaining a ecmcecitive advantage.

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AW-62-57

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(iii) ne information is being transmitted to ete Comission in f- confidenca and, under the provisions of 10CFR Secten 2.790, it is to be recaived in confidence by the Comission.

Civ). ne information sought to be protected is not available in public scurces or ava4 Table information.has nec been pre-vicusly encioyed in the same original manner or metted to tha,best of our knowledge and belief.

(v), ne proprietary infennaden sought to be withheld in this sub-

.sittal is that which is appropriataly marked in the '"desting-house Advanced Pressuri:ed. 'datar Reacter ('iAF'4R) Licensing Centrei Occument.* Dis document idend fies specific design

( ~ features and improvemarrts which the '4AF'4R will have in order to meet current reguTatory,.pequiraments. In addition, it establishes the 'iAF'4R-position with rescect to each require-sent. -

Public d.isclosure of this infor nation is likely to cause suc-stantial har-n to the emmeetitive ;csition of 'destingneuse as M would reveal the description of the imcreved design features of the ' f AF'4R; 'descingneuse plans for future design, tesdng. and analysis afmed at design veriffestion; and demonstration of :te design's escability to meet evolving NRC/AC35 safety geals.

All of this infor-nation fs of ccmcatitive value becauce of .ne large amounc of effort and mney excended by '4escingneuse over a pericd of Meral years in car fi ng cut : tis :ardcular

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e AW-E2 ~7 j devalcpment program. Further, it would enacle c
mmetitors to i

! r use the infennation for c::5nercial pur;cses and also to meet NRC requirements for licansing documentadon, each withcut purchasing the right frem Westingneuse to use the infennation. l

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Infennation regarding its development pmgnms i,s valuable to Westinghcuse becsuse:

(.al Infonnation resulting fr,m its development pregrams gives Westinghouse a c:mpetitive advantage over its c:meeti*ars.

It is, therefort, withheld frca disclosure to protact the Westinghousa c=mpetitive position.

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( (,b), It is infonnation which is markatable in many ways. The extant to whicii suctr_f,nfennation is available to c:meeti-tars diminishes the Westinghousa ability tc sell p.mducts and serdcas involving the use of the infomation.

(.cl Use by our c=mpetitor would put Westingneuse at a ccm-petitive. disadvantage by reducing his cc;enditure of resourcas at our expense.

Gi) Och c:mocnent of propriets'ry infomaden pertinent :c a, pardcular c:meetitor advantage is ;ctantially as nluable as the total c:mcatitive advantage. If c:m-

' petitors acquirt ccmcenents of proprietsry infcmadan, any one c:mconent may be the key :: the entirt su::le thertby decriving Westingneuse of a c:meetitive advantsge.

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r AW-62-57 (e) The Wesdnghousa cacacity to invest cor:crata assets in

! research and develocment depends ucon the sucesss in obtaining and maintaining a c:mpetitive advantage.

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Seing an innovative concact, this infernation might not be >

disecvered by the c:mcatitors of Westinghouse indecendently.

To duplicata this infennation, ccmcetitors would first have to be. similarly inspired and would then have to ex:end an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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