ML20115G556

Requests Withholding of Proprietary Info from Public Disclosure,Per 10CFR2.790.Affidavit Encl

ML20115G556
Person / Time
Site:	Vogtle
Issue date:	04/10/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269B413	List: ML20115G549 ML20115G556
References
CAW-85-031, CAW-85-31, NUDOCS 8504220246
Download: ML20115G556 (7)

Text

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Westinghouse Electric Corporation Water Reactor Divisions Q April 10, 1985 CAW-85-031

.Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Consnission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY  ;

INFORMATION FROM PUBLIC DISCLOSURE ,

Subject:

Vogtle Draft Safety Evaluation Report Open Item 071

Reference:

Letter from J. A. Bailey to H. R. Denton, dated April 11, 1985

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Georgia Power Company is further identified in an af fi-davit 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 dis-closure by the Commission and addresses with specificity the considerations i listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-79-43.

l Accordingly, this letter authorizes the utilization of the accompanying affidavit by Georgia Power Company.

l Correspondence with respect to the proprietary aspects of the application for l withholding or the Westinghouse affidavit should reference this letter, CAW-85-031, and should be addressed to the undersigned.

Very truly yours, lA '&&

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs l

/bek Enclosure (s) cc: E. C. Shomaker, Esq.

l Office of the Executive Legal Director, NRC 8504220246 850416 gDR ADOCK 050 g 4

AW-79-43 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, 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:

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Sworn to and subscribed befo me this v?/' day '

of 1979.

%W. Notary,,Public kAf A':'s.' e v - +. u- + ... . ..

AW-79-43 .

(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology 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 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 Commission's regulations and in con-junction with the Westinghouse application for withho'lding 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 Commission's regulations, the following is furnished for consideration by the Commission in determining whether the infor-mation sought to be withheld from public disclosure should be

withheld.

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

AW-79-43 (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 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.

In determining whether information in a document or report is proprietary, the following ~ criteria and standards are. utilized in Westinghouse. Information is proprietary if any one of the following'are met:

(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 c~onstitutes 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 which data secures a competitive economic advantage, e.g., by optimization or improvsd marketability.

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AW-79-43 (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 of a similar product.

(d) It reveals cost or price information, production capaci-ties, budget levels, or commercial strategies of Westing-

' house, its customers or suppliers.

(e) It reveal,s aspects of pa'st, present, or future Westing-house 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.

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

(iii) The information is being transmitted to the Commission in con-fidence and, under the provisions of 10CER Section 2.790, it is to be received in confidence by the Commission.

- (iv) The information is not available in public sources to the best of our knowledge and belief.

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AW-79-43 (v)- The proprietary information sought to be withheld in this sub-mittal is slides used during a presentation to the NRC Staff on No~vember 19, 1979 relative to aiscussion of the Westinghouse Rod Drop Analysis. This information is identified in an enclosure to the NRC by Westinghouse letter NS-TMA-2167, Anderson to Sschwencer, dated November 27, 1979. The transmittal of this information is in response to an NRC request to pro-vide a copy of the material discussed during the meeting.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the specifics of Westinghouse methodology in development of, rod' drop analysis, which is recognized by the Staff to be of competitive value and because of the large amount of effort and money expended by Westinghouse in carrying out this program.

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

(a) Information resulting from its development programs gives Westinghouse a competitive advantage over its com-petitors. 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 competi- -

tors diminishes the Westinghouse ability 'to sell products and services involving the use of the information.

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AW-79-43 (c) Use by our competitors would put Westinghouse at a com-petitive disadvantage by reducing their 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 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.

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

Competitors could obtain the equivalent information, with difficulty, by investing similar sums of money and provided they had the appropriate resources available and the requisite experience.

Further the deponent sayeth not.

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