ML20106F620

Requests Withholding Proprietary Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Callaway & Wolf Creek Plants, (Ref 10CFR2.790)

ML20106F620
Person / Time
Site:	Wolf Creek, Callaway, 05000000
Issue date:	10/18/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A701	List: ML20106F611 ML20106F620 ML20106F636
References
CAW-84-93, NUDOCS 8410300320
Download: ML20106F620 (6)

Text

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l Westinghouse Water Reacto IL Electric Corporation Divisions ull OCT ') 4 1984 - EEhP@ania m SNUi?S October 18, 1984

. CAW-84-93 s.

Mr. Harold R. Denton, Director Docket No. 50-482 Office of Nuclear Reactor Regulatiol i 50-483 U.S. Nuclear Regulatory Commission -

Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

SNUPPS Letter to NRC dated November 1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the

, reference letter by Standardized Nuclear Power Plant System (SNUPPS) is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which acccmpanies this letter, 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 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-83-80. A copy of affidavit CAW-83-80, submitted to justify the previous material, is attached and is equally

applicable to this material.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by SNUPPS on Wolf Creek Unit 1 and Callaway Unit 1.

Correspondence with respect to the proprietary aspects of the appplication for withholding or the Westinghouse affidavit should reference this letter, CAW-84-93, and should be addressed to the undersigned.

Ver truly yours, ww Wiesemann, Manager Regulatory & Legislative Affairs

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Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive legal Director, NRC 0410300320 841026 '

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r CAW-62-50 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdco, who, being by me duiy sworn according to law, deposes and says that'ha 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, infermation, and beifef:

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D.McAdoo,AssidntManager Nuclear Safet,y Department Sworn to and subscribed before me this & day of fc d, As 1983.

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I . . CAW-83-80 (1) I'am As'sistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy Division,.of Westinghouse Electric Corporation and as such, I have l- been specifically delegated the function of reviewing the proprietary

information sought to be withheld from public disclosure in connection with nuclear power plant ifcensing or rule-making proceedings, and am futhorized to apply for its withholding on behalf of the Westinghouse katerReactorDivisions. .

. l (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 accompanying 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 Consnission's regulations, the following is furnished for consideration by

/ the Commission in determining whether the information sought to be with-

, held 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. Westing-house has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, i

utilizes a system to determine when and whether to hole certain types of informa' tion in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

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Under that' system, information is held in confidence if it falls in one or wor.e of several types, the release of which might result in l Qf - + the#1oss'of'an existing or potential competitive advantage, as l

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(a) The information reveals the distinguishing aspects of a process 7 ,

N (or,homponent, structure, tool, method, etc.) where prevention s 3 'of its, use by any of Westinghouse's competitors without license t .from Westinghouse constitutes a competitive economic advantage over other companies.

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%7 (b) It consistis of sqporting data, including test data, relative-to y , s a process (or component, structure, tool, method, etc.), the applicatier. of which data secures a competitive economic advan-tagee'e.g., by optimization or improved marketability.

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o J' y (c) Its use by a competitor would reduce his expenditure of resour-

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". ces or improve his competitive position in the design, manufac-f

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ture, shipment, installation, assurance of quality, or licensing g -/ a similar product.

(d) It reve,als' cost or price information, production capacities, 7 r buhgetlevels,orcommercialstrategiesofWestinghouse,its customers or suppliers.

(e) It reveals aspebts k 3 n. gresent, or future Westinghouse or A customer funded dew' spew clans and programs of potential

,i commercialgluetoWestinghouse.

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' (f) ,J.containspatentableideas,forwhichpatentprotectionmaybe desirable.

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(g) It is'not the property of Westinghouse, but must be treated as l proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons behind the Westinghouse system which ,

include the following: l (a) The use of 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 inforination which is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to self products and services involving the use of the information.

(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 parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

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

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CAW-83-80 (f') The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and main-taining 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 pubife sources to the best of our knowledge and belief.

(v) The proprietary ,information sought to be withheld in this submittat is that which is appropriately marked in " Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.

Public disclosure of- this information is 11kely to cause substantial harm to the competitive position of Westinghouse becau'se it would simplify design and evaluation tasks without requiring a commensurate

, investment of time and effort.

l L Further the deponent sayeth not.

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