ML20099H953

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Requests Withholding of Proprietary RESAR-SP/90 Westinghouse Advanced PWR Module 9, Instrumentation & Controls & Electric Power (Ref 10CFR2.790)
ML20099H953
Person / Time
Site: 05000601
Issue date: 02/27/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19269B210 List:
References
AW-85-020, AW-85-20, NUDOCS 8503190546
Download: ML20099H953 (9)
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\j, Westinghouse Water Reactor Ba 355 Pmsbu@ Pennsyfvania 15230-0355 Electric Corporation Divisions February 27,1985

. AW-85-020 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington D. C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

SUBJECT:

Westinghouse Advanced Pressurized Water Reactor (MAPWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Module 9, "Instrunentation &

Controls and Electric Power" REF: Westinghouse Letter no. NS.-NRC-85-3015, Rahe to Denton, dated February 27, 1985

Dear Mr. Denton:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Comission's regulations. It contains commercial strategic infonnation proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary infonnation in this matter was sutrnitted as AW-82-57 with letter NS-EPR-2675 dated November 1,1982 and is equally applicable to this material.

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

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-85-020 and should be addressed to the undersigned.

Very truly yours, I

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B503190546 050227 -

PDR ADOCK 05000601 -

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Robe esemann, Manager Regulatory & Legislative Affairs

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

Office of the Executive Legal Director, NRC

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. AW-82-57 AF-' DAVIT COMMONWEALTri 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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

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n 0. McAdoo, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day af h % m / W 1982. /

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AW-82-57 (1) I am Assistant 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 proprietary information sought to be withheld from public dis-closure 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 con-junction with the Westinghouse application for withholding ac-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 confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld frem public disclosure should be withheld.

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

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AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is 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 ccm -

petitive advantage, as follows: .

(.a) The information reveals the distinguishing aspects of a process (or component, stru'cture, tool, me*. hod, etc.)

where prevention of its use by any of Westingnouse's .

competitors without license frcm Westingnouse 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, tcol, method, etc.), the application of wnich data secures a competitive econcmic advantage, e.g. , by optimi:ation or improved marketability.

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AW-82-57 (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 information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or supoliers.

(el It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

(f). It contains patentable ideas, for which patent pro-tection may be desira.b.le.

(gl 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 such information by Westinghouse gives Westinghouse a ccmpetitive advantage over its ccm-petitors. It is, therefore, withheld from disclosure to protect the Westingnouse competitive cosition.

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l (b) It is information which 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) Usa by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

Gd). 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 pu:zle, thereby depriving Westinghouse of a competitive advantage.

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

(fl 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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l AW-82-57 (iii) The information is being transmitted to the Ccmmission 'in confidence and, under the provisions of ~10CFR Section 2.790, it is to be received in confidence by the Commission.

Civ) The information sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method to the.best of our knowledge and belief.

(v). The proprietary information sought to be withheld in this sub-mittal is that which is. appropriately marked in the " Westing-house Advanced Pressurized Water Reactor (WAPWR) Licensing Control Document." This document identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory . requirements. In addition, it establishes the WAPWR position with respect to each require-ment.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing. and an'alysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All df this information is of competitive value because of the large amount of effort and money expended by Westingnouse over a period of several years in carrying out this particular

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e AW-82-57 development program. Further, it would enable competitors to use the information for commercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing th'e right from Westinghouse to use the information.

Information regarding its development programs is valuable to Westinghouse because:

(a), Information resulting from its development programs 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_f.nformation is available to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the information.

Q:l Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, any one component may be the key to the entire pu::le '

- thereby depriving Westinghouse of a competitive advantage.

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. 4 I AW-82-57 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

. Being an innovative concept, this information might not be discovered by the competitors of Westinghouse independently.

To duplicate this information, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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