ML20106E638

From kanterella
Jump to navigation Jump to search
Requests Withholding of Proprietary RESAR-SP/90 Westinghouse Advanced PWR Preliminary Design Approval Module 7, Structural/Equipment Design (Ref 10CFR2.790)
ML20106E638
Person / Time
Site: 05000601
Issue date: 01/31/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19269B034 List:
References
AW-85-009, AW-85-9, NUDOCS 8502130370
Download: ML20106E638 (9)
v • d • e


Text

,

Westinghouse Water Reactor hx355 PittsburghPemsyhrania15230 Electric Corporation Divisions January 31, 1984

. AW-85-009 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Ccanission 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 7,

" Structural /Equipnent Design" REF: Westinghouse Letter no. NS-NRC-85-3001, Rahe to Denton, dated January 31, 1985

Dear Mr. Denton:

This application for withholding is suttnitted by Westinghouse Electric Corporation ("Westinglouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Ccmnission's regulations. It contains comercial strategic information proprietary to Westinghouse and customarily held in confidence.

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

Accordingly, it is respectfully requested that the subject information 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-85-009 and should be addressed to the tridersigned.

Very truly yours,

~ -

Robert A. Wiesema n, Manager Regulatory & Legislative Affairs

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

Office of the Executive Legal Director, NRC B502130370 050131

~

PDR ADOCK 05000601

_. I

w.  !

i t .

AW-82-57 AFFIDAVIT COWiONWEALTH OF PENNSYLVANIA:

ss l C0llNTY OF ALLEGHENY:

l l

' j Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of l 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:

- - a- . -

n D. McAdoo, Assistant Manager

, Nuclear Safety Department

, Sworn to and subscribed before me this _/ day of b@n(l(4t/1982.

wtAnaLJ Notary Public nuttnt sisasu notaaf resuc

  • N0449Dlut 3000. AufGMENT COUNTY 37 COMMISSION EIFitE3 MARCH 10,1906' usebet. Pennsthesis Association of hWar

.,.I ,-

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 infctmation 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 Comission'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 infomation

( as a trade secret, priv,ileged or as confidential comercial or financial information, f

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

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

/x

\

j

AW-82-57 (ii) The infomation 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 infomation 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, infomation 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 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, relativetoaprocess(Lorcomponent, structure, tool,

~

method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization l or improved marketability.

l l

l l

l l

l x

W - _ _. . ._. . _ . - .-.

l 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 suppliers.

(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 desirab.le.

i, ,

(gl It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner. 5 There are sound policy reasons behind the Westinghouse system which include the following:

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

O

\

w\_ _ _ _ . _ .

AW-82-57 *

(b) It is infonnation which is marketable in many ways.

The extent to which such infonnation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infonnation.

(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 pcM aent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary infor-1 nation, 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 (f). The Westinghcuse capacity to invest corporate assets in research and development depends upon the success f in obtaining and maintaining a competitive advantage.

O

\

/

W. -

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

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 infomation 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 regulatory. requirements. In addition, it k

establishes the WAPWR posit 1on with respect to each require-ment.

Public disclosure of this information is likely to cause sub-stantial ham 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 of this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of r.,everal years in carrying out this particular

. '+

Y . . ._ _-

, -7 , AW-82-57 development program. Further, it would enable competitors to use the infomation for consnercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Information regarding its development pregrams is valuable to Westinghouse because:

(a). Infomation 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 infomation which is marketable in many ways. The extent to which such_i.nfomation is available to competi- ,

( tors dimin.ishes the Westinghouse ability to sell products and services involving the use of the information.

(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 infomation pertinent to a particular competitor advantage is potentially as

_ valuable as the total competitive advantage. If com-petitors acquire components of proprietary infomation, any one component may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.

1 9

~

7. . . .

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 infomation might not be discovered by the competitors of Westinghouse independently.

i. 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.

4 p

l l

l

( . _ _ _ _ _ . _ . _ _ . _ _ - - _ - - - - - - - - - - - - - - - - - -

6 Water Reactor Box E Westinghouse Divisions R"*'8A""*"8 "

Electric Corporation i

Y NS-NRC-$-3001 January 31, 195 ,

Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation Docket No. STN-50-601 i- U.S. Nuclear Regulatory Comission Washington, D.C. 20555

SUBJECT:

Westinghouse Advanced Pressurized Water Reactor (MAPWR) Reference Safety Analysis Report, RE3AR-SP/90, PDA Module 7,

" Structural /Equipnent Design"

! ATTENTION: C. Patel, Project Manager, SSPB i

Dear Mr. Denton:

Enclosed are:

1. Forty-one (41) copies of a Westinghouse docment entitled, Westinghouse
  • Advanced Pressurized Water Reactor RESAR-SP/90, PDA Module 7,

" Structural /Equipnent Design" (Proprietary).

2. Four (4) copies of a Westinghouse doctanent entitled, Westinghouse Advanced Pressurized Water Reactor RESAR-SP/90, PDA Module 7, " Structural /Equipnent

- Design" (Non-Proprietary) .

3. One (1) copy of an Application for Withholding Proprietary Infor1 nation From

? Public Disclosure, AW-85-009 (Non-Proprietary).

4. One (1) copy of an original affidavit, AW-82-57 (Non-Proprietary).

This submittal contains proprietary infor1 nation of Westinghouse Electric Corporation. In conforinance with the requirenents of 10CFR 2.790, as amended, of the Comission's regulations, we are enclosing with this submittal an application for withholding proprietary infor1 nation from public disclosure and an affidavit. The affidavit sets forth the basis on which the infortnation may be withheld from public disclosure by the Comission.

i ,

a J

f t sig b A)~. I

,lM a G ms f i

eL+s' 4

Mr. H. R. Dentcn

. Pcge Two A Correspondence with respect to the affidavit or application for withholding should reference AW-85-009 and should be addressed to R. A. Wiesemann, Manager of Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O.

Box 355, Pittsburgh, Pennsylvania 15230.

Very truly yours, '

Whb ers- P. Rahe, Jr. , Manager ear Safety Department WMS/kk Enclosures cc: D. Eisenhut R. Bernero F. R. Miraglia, Jr.

C. O. Thomas C. Patel e

4

Retrieved from "https://kanterella.com/w/index.php?title=ML20106E638&oldid=2798064"