ML20094N745

Requests Withholding of Stated Proprietary Rept from Public Disclosure (Ref 10CFR2.790).Affidavit CAW-83-80 Encl

ML20094N745
Person / Time
Site:	Seabrook
Issue date:	06/07/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19277H799	List: ML20094N741 ML20094N745 ML20094N758
References
CAW-84-54, NUDOCS 8408160373
Download: ML20094N745 (6)

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Nuclear TechnologyDivision Westinghouse Water Reactor Electric Corporation Divisions 80, 333 PittsburghPennsylvanla15230 June 7,1984 CAW-84-54 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Conunission Washington, D. C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

" Technical Bases for Eliminating Large Primary Loop Pipe Rupture as the Structural Design Basis for Seabrook Units 1 and 2" REF: Public Service Company of New Hampshire letter to NRC dated June 1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Public Service Company of New Hampshire is further identified in an affidavit signed by the owner of the proprietary infor-mation, 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 Com-mission's regulations.

The proprietary material for which withholding is being requested is of the same tr.chnical type as that proprietary material previossly submitted with application for withhciding CAW-83-80.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Public Service Company of New Hampshire.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-54, and should be addressed to the undersigned.

Very truly yours, M

Q Mcx, ert A. Wiesemann, Manager ~

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

Office of the Executive Legal Director, NRC

-8408160373 840809 PDR ADOCK 05000443 A PDR

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CAW-83-80 AFFIDAVIT COMMON'nEALTH OF PENNSYLVANIA: -

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, deposes and says that'he is authorized to execute thi:: Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the averments of fact . set forth in this Affidavit are true and correct to the- best of his knowledge, information, and belief:

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D. McAdoo, Assi d nt Manager  ;

Nuclear Safety Department  !

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Sworn to and subscribed before me this MM day ofJJ.de 1983.

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CAW-83-80 (1) I am Assistant Manager, Nuclear Safety Department, in th'a Nuclear Techno-logy 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 on behalf of the Westinghouse 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 informat' ion. ,

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the d

Commission's regulations, the fo1 Towing is furnished for consideration by >

the Conmiission in determining whatacr the infcrntion sought to be with-held from public disclosure should be withneid.

1 (f) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghoast..

l (ii) The information is of a type custcmarily held in confidence by l Westinghouse and not customarily disclosed to the public. Westing-I 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 Westinghouse policy and' provides the rational basis required.

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CAW-83-80

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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 supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the

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application of which data secures a competitive economic advan- ,

tage, e.g., by optimization or improved marketability.

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

ture, shipment, installation, assurance of quality, or licensing a similar product.  ;

l l (d) It reveals cost or price information, production' capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

1 (e) It reveals aspects.of past, present, or future Westinghouse or customer funded development plans and programs of potential coamercial value to Westinghouse.

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

desirable.

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. . - 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 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.

l (b) It is information which is marketable in many ways. The extent t

to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving

the use of the information.

1 (c) Use by our competitor would put Westinghouse at a competithe disadvantage by reducing his expenditure of rescurces at our i expense. ,

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_ (d) Each c mponent of proprietary information pertinent to a parti-cular competitive advantage is potentially as valuable as the j -

total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

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

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['I.- CAW-B3-80 (f) The Westinghouse _ capacity to invest corporate assets in research

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and development depends upon the success in obt'ai.ning~and main-  ;

taining a competitive advantage. ,

(iii) The information is being transmitted to the Comission in confidence ,

and, under the provisions of 10CFR Section 2.790, it is to be l received in confidence by the Commission. l (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 he duplicated by competitors if

they were to invest time and effert equivalent to that invested by -

Westinghouse provided they have the requisite talent and experfence.

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 comensurate

. investment of time and effort.

I Further the deponent sayeth not.

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