ML20117A540
| ML20117A540 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 11/24/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20117A539 | List: |
| References | |
| AW-92-378, NUDOCS 9211300134 | |
| Download: ML20117A540 (7) | |
Text
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Westinghouse Energy Systems a 355
^""* *"*3" ' 523U 355 Electric Corporation AW 92-378 Docket STN 52-003 November 24,1992 Document Control Desk j
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 A7TENTION: DR. THOMAS MURLEY APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBIIC DISCLOSURE
SUBJECT:
MATERIAL IN SUPPORT OF WESTINGHOUSE /NRC MEETING ON OSU TEST PROGRAM FOR AP600
Dear Dr. Murley:
The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")
purst. ant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary material for which withho: ding is being requested is identifi, ! in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW-92-378 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
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 Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should ref. Tec AW-92-378 and should be addressed to the undersigned.
Very tru y yours, n
A 6
N. A rul Manager Nuclear Safety And Regulatory Activities
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M. P. Siemien Office of the General Counsel, NRC L Barnett NRC (12H5) 9211300134 921124 m16^
DR ADOCK 05200003 PDR
AW-92 378 AFFIDAVIT COMMONWEALTil OF PENNSYLVANIA:
ss COUNTY OF ALLEGIIENY:
Before me, the undersigned authority, personally appeared Nicholas J. Liparulo, who, being ny 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:
Nicholas J. Lipa o, Manager Nuclear Safety and Regulatory Activities L
Sworn to and subscribed before !ne this
'8N day of 7hulifA>
1992 l
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AW.92 378 (1)
I am Manager, Nuclear Safety and Regulatory Activitics, in thd Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been l
specifically delegated the function of reviewing the proprietary information sought to bc withheld from public disclosure in connection with nuclear power plant licensing and rulemaking prAcedings, and am authori/cd to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
1 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 l
withholding accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures ut;lized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential commercial or financial information.
- I (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 information sought to be withheld from public disch)sure should be withheld.
(i)
The informa: ion 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. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in tha' mnnection, 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 cf an existing or potential cornpetitive advantage, as follows:
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AW 92 378 (a)
'the information reveals the distinguishing aspects of a pn> cess (or compment, structure, iml, medn!, etc.) where prevention of its use by any of Westinghouse's comittitors without license frorn Westinghouse consu uses a competitive tronornie advantage over other compan!-es.
(b)
It consius of supporting data, includir g test data, relative to a process (or component, structure, tool, rnethod, etc.), the application of which data secures a competitive economic advantage, e g., by optimitation or irnproved markadoility.
(c) its t t 4 a competitor wouid reduce his expenditure of resources or improve his competitive paition in the design, manufacture, t.hipment, installation, assurance of quality, or licensing a sitnitar pnxluct.
(u)
It reveals cost or price information, pnxtuction capacitics, t udget levels, or commercial *trategies of Westinghouse, its customers or suppliers.
(c)
It reveals asgrets of past, present, or future Westinghouse or customer funded development plans and programs of po:ential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be desirab!c.
There are sound policy reusms behind the Westinghouse t stem whkh include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse compedtive position.
(b)
It is infortnation whict ?s marketable in many ways. *lhe extent to which such ir. formation is available to competitors diminishes the Westinghouse ability to sell pnxlucts and services involving the use of the information.
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AW 92-378 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his exgwnditure af resources at our expense.
(d) 11ach cornpment of proprietary information p rtinent to a particular competitive advantage is pitentially as valuable as the total competitive advantage if competitors acquire cornpments of proprietary information, any one component rnay be the key to the entire puule, thereby depriving Westinghouse of a competitive advantage.
(c)
Unrestricted disclosure would jeopardire the position of prominence of Westinghouse in the world market, and thereby give a rnurket advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in re.,carch and development depends upon the success in obtaining and maintaining 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 Corninissio"..
(iv)
The information sought to be protected is not available in public sources or available information has not been previously c,nployed in the same original manner or method to the best of our knowledge an( belief.
(v)
Enclosed is letter ET NRC-92-3775, November 1992, being transmitted by Westinghouse Elcetric Corp > ration @ letter and Application for Withholding Proprietary Information from Public Disclosure, N. J.1.iparulo @, to Dr. Thomas Murley, Director, Office of NRR. The proprietary information as subr.itted for use by Westinghouse Electric Corporation is in response to questions concen sy the AP600 plant and the associated design certification app", cation and is expected to be applicable in other licensee submittals in response to certain NRC requiremer,u for justification of licensing advanced nuclear power plant designs.
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______________________m
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AW.92 378 j
k This information is part of that which will enable Westinghouse to:
(a)
Demonstrate the design and safety of the AP&O Passive Safely Systerns.
(b)
Establish applicable verification testing methods.
(c)
Design Advanced Nuclear Power I'lants that meet NRC requirements.
(d)
Establish technical and licensing approaches for the AP6(0 that will ultimately result in a certified design.
t (c)
Assist cut arners in obtaining NRC approval for future plants.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process.
Public disclosure of this proprietary infornation is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of.
competitors to provide similar advanced nuclear power designs and licensing defense services for commercial power reactors without commensurate expenses. Also. public disclosure of the information would en ble others to use the information to meet NRC requircruents for 1; censing documentation without purchasing the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.
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AW.92 378 In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for developing analytical method and receiving NRC approval for those methods, Further the deponent sayeth not.
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