ML20100E105
| ML20100E105 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 03/20/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Knighton G Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19269B305 | List: |
| References | |
| CAW-85-026, CAW-85-26, NUDOCS 8504030283 | |
| Download: ML20100E105 (9) | |
Text
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i Westinghouse Water Reactor Fox 355 Electric Corporation Divisions Pittsburgh Pennsylvania 15230 March 20, 1985 CAW-85-026 Mr. George W. Knighton, Chief Licensing Branch No. 3 Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCl0SURE
SUBJECT:
Bounding Seismic Response Spectrum Curve for Beaver Valley Unit 2 REF:
Duquesne Light Company Letter, Carey to Knighton, dated March 1985
Dear Mr. Knighton:
This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provision of paragraph (b)(1) of Section 2.790 of the Commission's regulations. This letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.
The undersigned has reviewed the information sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, WRD, notification of which was sent to the Secretary of the Commission on April 19, 1976.
The affidavit accompanying this application 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 Section 2.790 of the Commission's regulations.
Accordingly, it is respectfully requested that the subject information which it proprietary to Westinghouse be withheld from public disclosure in accor-dance with 10 CFR Section 2.790 of the Commission's regulations.
Q4030283g50329 ADOCK 05000412 E
Mr. G. W. Knighton March 20, 1985 CAW-85-026 Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-85-026, and should be addressed to the undersigned.
Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
/bek Enclosure cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC i
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AW-78-23 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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- COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Robert A. Wiesemann, 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 (" 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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Robert A. Wiesemann, Manager Licensing Prog ams Sworn to and subscribed before,me thisdC day of /24&[
1978.
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. Notary Public
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AW-78-23 (1)
I am Manager, Licensing Programs, in the. Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld frem 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 10 CFR Section 2.790 of the Ccmmission's regulations and in con-
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junction with the Westinghouse application for wi.thholding accompanying thi: 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 Commission in determining whether the information 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.
(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
3 AW-78-23 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.
Criteria and Standards Utilized In determining whether information in a document or report is proprietary, the following criteria and standards are utilized by Westinghouse.
Information is proprietary if any one of the following are met:
(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.)
where prevention of its use by any.cf 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 application of which data secures a competitive economic advantage, e.g., by op*timization or improved marketability.
(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 of a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
4 AW-78-23 (e)
It reveals aspects of past, present, or future Westing-house or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirable.
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the cwner.
(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.
(iv) The information 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 are the copies of slides utilized oy Westinghouse in its presentation to the NRC at the March 21, 197,8 meeting concerning the Westinghouse optimized fuel assembly. The letter and the copies of slides are being submitted in pre-liminary form to the Commission for review and comment on the Westinghouse optimized fuel assembly in advance of a formal submittal for NRC approval.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of tne approved design, the comparison of the improved design with the standard design,
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the nature of the test's conducted, the test conditions, the test results and the conclusions of the testing program,
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AW-78-23 all of which is recognized by the Staff to be of competitive value and because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular 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 the right from Westing-house to use the information.
Information regarding its development programs is valuable to Westinghouse because:
(a)
Information resulting frca 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 information is available to compet-itors diminishes the Westinghouse ability to sell products and services involving the use of the ir.f'ormation.
(c) 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 informaticn pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage.
If com-petitors acquire components of proprietary information, any one ccmponent may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
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AW-78 (e) The Westinghouse capacity to irivest 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 infor-mation, 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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O e
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PROPRIETARY INFORMATION NOTICE TRANSMITTED; HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO 1HE NRC IN CONNECTION WITH REQUESTS FOR GENERIC A PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER 10 CONFORM TO THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REDULATIONS C0!;CERNING 1HE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN 1HE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN 1HE NON-PROPRIETARY VERSIONS CNLY THE BRACKETS PIMAIN, THE INFORMATION 1 HAT WAS CONTAINED WITHIN 1HE BRACKETS IN THE PROPRIETARY V HAVING BEEN DEI.ETED. THE JUSTIFICATION FDR CI. AIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOW LCTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATEI.Y FOLLOWING 1HE BRACKETS INCI.0 SING EACH ITEM OF INFORMATION BEI IDENTIFIED AS PROPRIETARY OR IN 1HE MARGIN OPPOSITE SUCH INFORMATION. THES LOWER CASE LEITERS REFER 101HE TYPES OF INFORMATION WESTINGHOUSE CUS10M HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) OF THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 1010CFR2.790(b)(1).
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