ML20104B797

Requests That Proprietary WCAP-13480, Westinghouse Delta 75 SG Design & Fabrication Info for VC Summer Be Withheld (Ref 10CFR2.790)

ML20104B797
Person / Time
Site:	Summer
Issue date:	09/01/1992
From:	Sepp H WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F071	List: ML20104B796 ML20104B797 ML20104B806
References
CAW-92-346, NUDOCS 9209160204
Download: ML20104B797 (7)

Text

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O Westinghouse -

Electric Corporation Er>ergy Systems

$3Q,,,, g,333,y September 1,1992 CAW-92-346 i-

. Document Control Desk .

US Nuclear Regulatory Commission Washington, DC 20555

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Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-13480,

• Westinghouse Delta 75 Steam Generator Design and Fabrication Information for Virgil C. Summer Nuclear Station" (Proprietary)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-346 signed by the owner of the proprietary information, 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

1with specificity the consideratio_ns listed in paragraph (b)(4) of to CFR Section 2.790 of the Commission's regulations.

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_ Accordingly, t_his letter authorizes the utilization of the accompanying Affidavit by the South Carolina Electric & Gas Corapacy.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-346, and should be addressed to the undersigned.

l Very truly yours, e i L - Enclosures Strategic Licensing Is.'ues s

cc: . M. P. Siemien, Esq..

Office of the Gener.'l Counsel, NRC

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9209160204 920903 PDR ADOCK 05000395

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k CAW-92-346 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Nicholas J. Liparuto, 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

, brth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Nicholas J. Liparhly Manager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this J$# day of ((u.cu ,1992

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Notary Pub;!c

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CAW-92-346

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- (1) : 1 I am Manager, Nuclear Safety and Regulatoiy Activities, in the Nuclear and Advanced' Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary informEon sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and um authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

- (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 accompanyiag this Affidavit, (3) . I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial infoimation.

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- (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 astomarily held io 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, infhmation is held in confidenc3 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:

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- CAW-92-346 pg K:

(a) The information reveals the distinguishing a~spects of a process (or component, -;

structure, tool, meth6d, 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 c.f supporting data, including test data, relative to a process (or component, structure, tool, method etc.), the application of which data

!l secures a competitive economic advantage, e.g., by optimization 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, a3surance of quality, or licensing a similar product.

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

(e)- It reveals aspecu of past, present, or future Westinghouse 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.

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

(a) The use of such information by Westinghouse 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 competitors diminishes the Westinghouse ability to sell products and services involving the use of the information, 1

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I,.ot CAW-92 346

. (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 r,f proprietary information, any one component may be the key to tha 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 of tl.ose countries.

(t) _ The Westinghouse capacity to invest corporate assets in research and

-development depends upon the success in obtaining and maintaining a competitive advantage.

(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 confidence by the Commission, (iv)' The information sought to be protected is not available in public sources or available intormation has not been previously 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 submittal is that whleh is appropriately marked in " Westinghouse Delta 75 Steam Generator Design and Fabrication Information for Virgil C. Summer Nuclear Station", WCAP-13480 (Proprietary), August,1992 for the Virgil C, Summer Nuclear Station, being transmitted by tha South Carolina Electric & Gas Company (CGE) letter and Application for Withholding Proprietary information from Public Disclosure, John L.

Skolds to Document Control Desk, to Attention of Dr. Thomas Murley. The proprietary information as submitted for use by South Carolina Electric & Gas Company for the Virgil C. Summer Nuclear Station is expected to be applicable in 0494C41RZ.4 08347,1 '

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J CAW-92 346 3,7 other licensee submittals in response to certain NRC tequirements tbr information on Westinghouse Delta 75 Steam Generator Design and Fabrication.

v This information is part of that which will enable Westinghouse to:

(a) - Provida documentation of the design and fabrication information for the Westinghouse Delta 75 Steam Generator applicable to the customer.

(b)- Establish the applicable codes, standards, and design requirements for the Westinghouse Delta 75 Steam Generator applicable to the customer.

(c) ' Assist the customer in responding to NRC request for Delta 75 Steam Generator Design and Fabrication information.

Further this information has substantial commercial value as lbliows:

-(a) Westinghouse plans to sell the use of similar information to its customers for

- purposes of satisfying NRC requirements for licensing documentation.

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

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar design documentation and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure -

of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the

'information.

L 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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CAW-92-346 -

t In order for competitors of Westinghouse to duplicate this information, similar o technical programs _would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for testing and ,

analytical methods and performing tests.

Further the deponent sayeth not.

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