ML20108F217

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Requests Withholding Proprietary Version of Amend 1 to Westinghouse Advanced PWR RESAR-SP/90,Preliminary Design Approval,Module 5, Reactor Sys, Per 10CFR2.790
ML20108F217
Person / Time
Site: 05000601
Issue date: 11/30/1984
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Office of Nuclear Reactor Regulation
Shared Package
ML19274C482 List:
References
AW-84-105, NUDOCS 8412190282
Download: ML20108F217 (9)
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Westinghouse Electric Corporation Water Reactor Divisions Q ,

Novenber 30, 1984 AW-84-105 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington, D. C. 20555 APPLICATION FOR WITHHof BING PROPRIFTARY INFORMATION FROM PUBLIC DISi mHRE

SUBJECT:

Amendnent 1 to MAPWR RESAR-SP/90 PDA Module 5, " Reactor System" in Response to a Request for Additional Infomation

REFERENCE:

Letter No. NS-NRC-84-2981, Rahe to Denton dated Novenber 30, 1984

Dear Mr. Denton:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Comission's regulations. It contains connercial strategic infonnation proprietary to Westinghouse and customarily held in confidence.

1he affidavit previously provided to justify withholding proprietary infonnation 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 Comission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-84-105 and should be addressed to the undersigned.

Very truly yours, B412190282 841130 PDR ADOCf' ?5000601 Robert A. Wiesemann, Manager K PDR Regulatory & Legislative Affairs __

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

Office of the Executive Legal Director, NRC

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  • . AW-82-57 i

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! AFFIDAVIT 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 i and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the a/erments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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n D. McAcco, Assistant Manager Nuclear Safety Department l

Sworn to and subscribed before me this / day of llR%ntlULl1982.

d.44/LN /Mb Notary Public

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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 information sougnt to be withheld from public dis-closure in connection with' nuclear. power plant ifcensing 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 thir 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 comercial or financial information.

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(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-fomation sought to be withheld from public disclosure should be withheld. ,

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

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AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is 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, stru"cture, 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, relative to a process (or component, structure, tool, method, etc.), the application of whicn data secures a competitive economic advantage, e.g., by optimi:ation or improved marketability.

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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 custcmers or suppliers.

(el It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f). It contains patentable ideas, for which patent pro-taction may be desira.b.le.

(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 such information by Westinghouse gives Westinghouse a ccmpetitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

AW-82-57 (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) Usa by our competitor would put Westingnouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

Gd). Each component of proprietary information pertinent to a particular ccmpetitive 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 Westinghouse in the world market, and-thereby give a market advantage to the competition in those countries.

(fl lhe Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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AW-82-57 (iii) The information is being transmitted to the Ccmmission 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 information has not been pre-viously employed in the same original manner or method to the.best of our knowledge and belief.

(vl The proprietary information 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 reguTatory . requirements. In addition, it establishes the WApWR position with respect to each require-ment.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the ' d APWR; Westinghouse plans for future design, testing. and an'a lysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All df this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular

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AW-82-57 development program. Further, it would enable competitors to use the information for commercial purposes and 1130 to meet NRC requirements for licensing documentation, *wch without purchasing the right from Westinghouse to use the information.

Information regarding its development programs is valuable to Westinghouse because:

(a). Information resulting from its development programs gives Westinghouse a competitive advantage over 'ts 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_i.nformation is available to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the information.

Q:l 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 information pertinent to ,

a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, any one component may be the key to the entire puzzle

- thereby depriving Westinghouse of a competitive advantage.

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(e) The Westinghouse capacity to invest corporate assets in research and develocment depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this infonnation might not be discovered by the competitors of Westinghouse independently.

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.

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