ML20099H620

Forwards Affidavit for Withholding Proprietary Version of VC Summer Pressure Pulsation Analysis Re Fatigue Usage of Steam Generator Preheater Mod, Per 10CFR2.790

ML20099H620
Person / Time
Site:	Summer
Issue date:	01/16/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269B208	List: ML20099H603 ML20099H620 ML20099H634
References
CAW-84-100, NUDOCS 8503190433
Download: ML20099H620 (8)

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l Westinghouse Water Reactor uteanecnncicev omsion 4

Electric Corporation Divisions

$ C Ef p$ ecxass g PittsburgnPennsytvania15230 7 FEB o 71985 c January 16, 1985 8 CAW-84-100

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Mr. Harold R. Denton, Director ,

Office of Nuclear Reactor Regulation l U. S. Nuclear Regulatory Consnission j Washington, D. C. 20555 SU8 JECT: V. C. Summer Feedwater Pressure Pulsation Analysis Report

! REF: South Carolina Electric and Gas Company letter, Dixon to Denton, j January 1985

Dear Mr. Denton:

The proprietary material for which withholding is being requested by South Carolina Electric and Gas Company is of the same technical type as that l proprietary material submitted with an application for withholding accompanied l by Westinghouse affidavit CAW-81-86 dated November 25, 1981.

l A copy of affidavit CAW-81-86 is attached and is equally applicable to this letter of authorization for the use of the attached information in support of l the South Carolina Electric and Gas Company Virgil C. Summer Station.

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Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse af fidavit should reference CAW-84-100 and should be addressed to the undersigned.

l Very truly yours, Robert A. Wiesemann, Manager

! JRS/bek Regdatory.& Legislative Affairs Attachment

! cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 1

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CAW-81-86 s - - - - - - - _ . _ . .

AFFIDA'!IT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared E. P. Rahe, Jr., who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westingh use") 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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E. P. Rane, Jr.,(t$tnager l Nuclear Safety D4dartment i

I Sworn to and subscribed l

before me this d day of m 62 1981.

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/ Notary Pub [ic [/ g -

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2- CAW-81-86 i

(1) I am Manager, Nuclear Safety Department, in the Nuclear Technology  ;

Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the pro-prietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking 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 con-junction with the Westinghouse application for withholding ac- l companying 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 confids$tial commercial or financia_1_f.n. formation. ,

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0 (

of the Commission's regulations, the following is furnished for  !

consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

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

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s CAW-81 -86 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse 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 hold 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.

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 com-petitive advantage, as follows:

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(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 consti-tutes 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 apolication of which data secures a competitive economic advantage, e.g. , by optimization or improved marketability, i

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CAW-81 -86 (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price infonnation, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial valuer to Westinghouse.

(f) It contains patentable ideas, for which patent pro-taction may be desirable. ,,-

(g) It is not the property of Westinghouse, but must be treated as pmprietary by Westinghouse according to agreements with the owner.

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There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westinghouse gives Westingnouse a competitive advantage over its ccm-petitors. It is, therefore, withheld fr0m disclosure to protect the Westinghouse competitive position.

l _ CAW-81-86 (b) It is information wh,1ch is marketable in many ways.

The extent to which such information is available to competitors diminishes 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 particular competitive advantage is potentially as valuable. as the total competitive advantage. If competitors acquire components of proprietary infor-mation, any one component may be,the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage. ,

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

] (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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CAW-S h86. .

(iii) The infomation 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 Comission.

(iv) The infomation sought to be protected is not available in public sources or available infomation has not been pre-viously employed in the same original manner or method to

! the best of our knowledge and belief.

(v) The proprietary infomation sought to be withheld in this submittal is that which is appropriately marked in Mocal 0-3 Steam Generator Presentation Slides for the McGuire Unit i being transmitted by the Duke Power Company letter Applica-tion for Withholding Proprietary Infomation from Public Disclosure, Parker to Youngblood, December 1981. The pro-prietary information as submitted is eIpected to be applicable in other licensee and applicant submittal,s in response to cer-tain NRC requirements for justification of the steam generator design and operation.

This information is part of that which will enable Westing-house to:

(a) Provide documentation of the analyses, method and test-ing for product design and coeration.

(b) Assist the customer to obtain NRC approval.

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CAW-81-86 Further this infomation has substantial comercial value as follows:

(a) Westinghouse plans to sell similar infomation to its i

customers for purposes of meeting NRC .~1uirements for

licensing documentation.

(b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

Public disclosure of this infomation is likely to cause substantial ham to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-

. vide similar analytical documentation and licensing defense services for comercial. power reactors,yithout comensurate expenses. Also, public disclosure of'dhe infomation would enable others to use the information to meet NRC require-ments for licensing docume.ntation without purchasing the rignt to use the infomation.

The development of the technology described in part by the

information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

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! In order for competitors of Westinghouse to duplicate this ,

information, similar technical programs would have- to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development. .

Further the deponent sayeth not.

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