ML20101K260

From kanterella
Jump to navigation Jump to search
Authorizes Utilization of Encl Affidavit AW-80-27 Requesting Withholding Proprietary Info on Revised Draft Equipment Qualification Justification for Interim Operation Per 10CFR2.790
ML20101K260
Person / Time
Site: Wolf Creek, Callaway, 05000000
Issue date: 12/19/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19274C574 List:
References
CAW-84-117, NUDOCS 8412310277
Download: ML20101K260 (8)
v • d • e


Text

.' \

4 Westinghouse Electric Corporation Water Reactor Divisions Q, ,

December 19, 1984 CAW-84-117 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRTETARY INFORMATION FROM PUBLIC DIS 10SURE

Subject:

Equipnent Qualification Justification for Interim Operation

Reference:

SNUPPS Organization letter to NRC dated December,1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by SMJPPS Organization on behalf of Union Electric Company and Kansas Gas & Electric Ccunpany, is further identified in an affidavit signed by the owner of the proprietary infomation, Westinghouse Electric Corporation.

'Ihe affidavit, which accompanies this letter, sets forth the basis on which the infonnation may be withheld from public disclosure by the Comission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same i

technical type as that proprietary material previously subnit+ ed with Application for Withholding AW-80-27.

Accordingly, this letter authorizes the utilization of the accompanying l

affidavit by Union Electric Company and Kansas Gas & Electric Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-117, and should be addressed to the undersigned. ,

Very truly yours, ll4/A U2A

__ Robert A. Wiesemann, Manager _

A. L. Sterdis/pj Regulatory & Legislative Affairs Enclosures

, cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC B412310277 841221 PDR ADOCK 05000482 A PDR

l AW-80-27 AFFIDAVIT C0ftMONWEALTH OF PENNSYLVANIA:

ss 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:

J Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before this / [ day of _ 1980.

r d'

ot.,, . h,,e .

+ , , . . . . .

e ,

e*

2 L

e I . .

v AW-80-27 (1) I am Manager, Regulatory and Legislative Affairs, 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 Sec ion 2.790 of the Commission's regule* ions and in con-junction .sith 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 commerical 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 in '

formation sought to be withheld from public disclosure should be withheld.

(1) The information sought to be withheld from public disc 1csure is owned and has been held in confidence by Westinghouse.

l l

l

\

\

,~ . . . . .. - - .- .

AW-80-27 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a ra',ional 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:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.)

where prevention of its use oy 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 application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

1

-. . . . = - - ~ - .

AW-80-27 (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_ suppliers.

(e) 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 desirable.

(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 cystem l which include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-peti tors . It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

l l

i

_ , _ _ . , . _ _ _ . ~ , , . , , _ - . . - . _ _ ~ . - . _ , . _ _ . . - _ _ _ _ . . , - . . _ . , _ . . . . _ _ _ _ . . . . _ - . . . . _ .

AW-80-27 (b) It is information which is marketable in many ways.

The extent to which such information is available to competitors diminishes the Westinghoc3e ability to sell products and services involving the use of the i nformation.

(c) Use by our competitor would pu:: 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 We.tinghouse in the world market, and tnereby give a narket advantage to the competition j 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.

i i

l .

..__ ._ _ _ ._ _ ~_. - ,. -. __ __

i: ., .

f 1. - AW-80-27 l-4 i

(iii) The information is being transmitted to the Commission in - ,

confidence and, under the provisions of 10CFR Section 2.790,

! it is to be received in cenfidence by the Commission.

(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 the attach-ment to liestinghouse Letter No. NS-TMA-2257, Anderson to Miller, dated June 16, 1980 concerning the Westinghouse Equip-ment Qualification Program to address Regulatory Guides 1.89 and 1.100. The letter and attachment are being submitted to ecmplete the information provided in WCAP-8587, Supplement 1, which was requested by the NRC via PBS Standard Question No. 4,

" Environmental Qualification of Class lE Equipment." .

This information enables Westinghouse to:

(a) Develop test inputs and procedures to satisfactorily verify the design of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.

Further, the information has substantial commercial value as follows:

(a) Westinghouse can sell the use of this information to customers.

. 1,. , < -

AW-80-27 (b) Westinghouse uses the information to verify the design of equipment which is sold to customers.

(c) Westinghouse can sell testing services based upon the experience gained and the test equipment and methods developed.

Public disclosure of this information is likely to cause

- substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for com-mercial power reactors without commensurate expenses. Al so, public disclosure of the information would enable others having the same or similar equipment to use the information to meet NRC requirements ~ for licensing _ documentation without purchasing the right to use the information.

. The development of the equipment described in part by the information is the result of many years of development by

Westinghouse and the expenditure of a considerable sum of money.

I This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the

appropriate talent available and could somehow obtain the i requisite experience.

i Further the deponent sayeth not.

.

Retrieved from "https://kanterella.com/w/index.php?title=ML20101K260&oldid=2774879"