ML20116D076
| ML20116D076 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 04/02/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19269B447 | List: |
| References | |
| CAW-85-30, NUDOCS 8504290277 | |
| Download: ML20116D076 (6) | |
Text
O Westinghouse Water Reactor NuclearTechnologyDivision Electric Corporation Divisions 30, 333 Pittsburgh Pennsylvania 15230 April 2, 1985 CAW-85-30 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMA1 ION FROM PUBLIC DISCLOSURE
Subject:
Supplemental Information on the V. C. Summer Plant SPDS
Reference:
South Carolina Electric and Gas Letter
Dear Mr. Denton:
The proprietary material for which withholding is being requested in the reference letter by South Carolina Electric and Gas Co. is further identified in an affi1avit 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 Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Comission'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-83-9.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by South Carolina Electric and Gas.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-30, and should be addressed to the undersigned.
Very truly yours,
~ ~ '
8504290277 850418 f
DR ADOCK 0500 5
g gg Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
/ KEG Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC
AW-83-9 r.
AFFIDAVIT p._
(_
COMMONEALTH 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 behal'f of Westinghouse Electric Corporation (" Westinghouse") and that the avements of fact set forth in this
. Affidavit are true and correct to the best of his knowledge, infomation, and belief:
llAAdAM Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribeds
(
before me this 4 7 day of 1983.
(
b' Nota Public PAULETTI5 NSEA NinAff PUBUC MONMEVILLE 8080, AlifGNENTCOUNTf NY Comets 510N SMtB EARCH 10,1996 Jtester. Pennsylvesis Asseostice of Notwies
^^
., AW-83-9 l'
~
(1)
I am Manager, Regulatory and Legislative Affairs, in the Nuclear Techno-logy Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary infomation sought to be withheld from public disclosure 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 Riactor Divisions.
(-
(2)
I am making this Affidavit in confomance with the provisions of 10CFR Section 2.790'of the Cosuiission'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 West!inghouse Nuclear Energy Systems in designating infomation as a trade secret, privil' ged or as confidential comercial or financial infomation.
e
- C ~ (4)Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Cojanission's regulations, the following is furnished for consideration by
' the Comission in detemining whet,her the infomation sought to be with-held from public disclosure should be withheld.
(i)
The infomation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
l
(
(ii)
The information is of a type customarily held in confidence by Westing-Westinghouse and not customarily disclosed to the public.
house has a rational basis for detemining the types of infomation customarily held in confidence by it and, in that connection.
(
utilizes a system to detemine when and whether to hole certain types of infomation in confidence.
The application of that system and the substance of that system constitutes Westinghouse policy and provides I
the rational basis required.
L-me
AW-83-9.
l.
Under that sy. tem, information is held in confidence if it falls in s
one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as e
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 constitutes 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 advan-tage, e.g., by optimization or improved marketability.
(c)
Its~ use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, instiallation,' 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 f
t customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or custo'mer funded development plans and programs of potential commercial value to Westinghouse.
k It contains patentable ideas, for which patent protection may be (f) desirable.
(
L-1
^:
L
..:.c
.,. AW-83-9 l
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements witti the owner.
~
f~
s.,
There are sound policy reasons behind the Westinghouse system which include the following:
(a) The use of infomation by Westinghouse gives Westinghouse a competit'ive 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 infomation is available to competitors diminishes the Westinghouse ability to sell products and services involving
{,
the use of the infomation.
(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 infomation pertinent to a parti-cular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components l (
of ' proprietary infomation, any one component may be the key to l
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.
(C
. _,. ?
~
AW-83-9,
i -
! {'
(f)
The Westinghouse capacity to invest corporate assets in research and development dekends upon the success in obtaining and main-
~7 taining a competitive advantage.
g (iii)
The infonnation is' being transmitted to the C)amrission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
(iv)
The infomation sought to be protected is not available in public '
so'urces to the best of our knowledge and belief.
4 (v)
The proprietary infomation sought to be withheld in this subaittal is that which is appropriately marked in,the Desfgn Basis, Functional Requirements, and Appendices of the Verif.ication and Validation Process documents for the Safety Parameter Display System. The 6
proprietary infomation as submitted is expecteif to be applicable in licens~e and applicant submittals in response to certain NRC require-
'~
ments for justificatio'n of' upgrades of Emergency. Response 'Capabili-
~
ties.
The subject infomation 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 taknt and experience.
Public disclosure of this infomation is likely 1ba cause substantial ham to the competitive position of Westinghouse ibecause it would simplify design and evaluation tasks without regr# ring a connensurate investment of time and effort.
Further the deponent sayeth not.
(
l L' of
--.-..,-n,-.
.,,_.__,,-__,-,-.--,_,,,_,__,._,,n.,,,_.,.
.