ML20107G113

Requests Withholding of Proprietary Technical Bases for Eliminating Large Primary Loop Pipe Rupture as Structural Design Basis for Beaver Valley Unit 1, (Ref 10CFR2.790)

ML20107G113
Person / Time
Site:	Beaver Valley
Issue date:	12/27/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269B099	List: ML20107G098 ML20107G113
References
CAW-84-106, NUDOCS 8502260311
Download: ML20107G113 (6)

Text

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Water Reactor NuclearTechnolcgy Division i Westinghouse Electric Corporation Divisions 3 PittsburghPennsylvanla15230 December 27, 1984 CAW-84-106 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20055 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PU8LIC DISCLOSURE

Reference:

Duquesne Light Company letter to NRC dated January 1985

Dear Mr. Denton:

The proprietary material for. which withholding is being requested in the reference letter by Duquesne Light Company is further identified in an af fidavit 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 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 requested is of the same technical type as that proprietary material previously submitted with= -'

application for withholding CAW-83-80.

Accordingly, this' letter authorizes the utilization of the' accompanying affidavit by Duquesne Light Company'.

Correspondence with respect to the proprietary aspects of the appplication for withholding or the Westinghouse affidavit should reference-this letter, CAW-84-106,-and should be addressed to the undersigned.

Very truly yours,

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-Robert A. Wiesemann, Manager Regulatory:& Legislative Affairs.

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-- Enclosure. - -

cc: E.'-CEShemaker,Esq.

Of fice of, the Executive . Legal . Director, NRC

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CAW-83-80 AFFIDAVIT l

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 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:

h j yd W .)q-L h D. McAdoo, Assi'st'a'nt Manager Nuclear Safety Department Sworn to and subscribed before,y,e this u 4 day

,c 1983.

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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 been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection l with nuclear power plant ifcensing or rule-making procee' dings, and am

, authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.

l (2) I am making this Affidavit in conformance with the provisions of 10CFR l Section 2.790 of the Comission's regulations and in conjunction with the Westinghouse appifcation for withholding accompanying this Affidavit.

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(3) I have personal knowledge of the criteria and procedures utilized by

- Westinghouse Nuclear Energy Systems in designating information as a trade I

secret, privileged or as confidential comercial or financial information.

(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 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. 1 Westing-house has a rational basis for determining the. types of information customarily held in confidence bf/ ft and .in that connection, utilizes-a system to determine when and whether to hole certain types:

of informa' tion in confidence. lThe application of that system and the subs.tance of that system constitutes Westinghouse policy and provides=

'the rational basis required.

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CAW-83-80 i*

i j Under that system, information is held in confidence if it falls in one or more of several types, the release of which might r,esult in the loss of an existing or potential competitive advantage, as follows:

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! (a) The information reveals the distinguishing aspects of a process

,[ (or component, structure, tool, method, etc.) where prevention i of its use by any of Westinghouse's competitors without ifcense from Westinghouse constitutes a competitive economic advantage f

over other companies.

i j (b) It consists of supporting data, including test data, relative to 7

a process (or component, structure, tool, method, etc.), the

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application of which data secures a competitive economic advan-

[ tage, e.g., by optimization or improved marketability.

1 (c) Its use by a competitor would reduce his expenditure of resour-

! ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of-quality, or licensing a similar product.

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

(e) It reveals aspects of past, present, or' future Westinghouse or-customer funded development plans'and programs lof potential l commercial value to Westinghouse.

(f) It contains patentable ideas,.for which patent protection.may .be!

desirable; s-s 4

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CAW-83-80 (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 system which include the following:

(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 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.

(c) Use hy our competitor would put Westinghouse at a competitive disadvantage hy reducing his expenditure of resources at our 5

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 therehy give a market advantage to the competition in those countries.

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CAW-83-80 e

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(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 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 " 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.

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Public disclosure of this information is likely 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.

Further the deponent sayeth not.

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