ML20127N305

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Requests That Proprietary WCAP-13487,Rev 0, High Inertia Rotor Phase 3 Task 1 Test Rept & WCAP-13323,Rev 0, Phase II Wind Tunnel Testing for Westinghouse AP600 Reactor Be Withheld (Ref 10CFR2.790)
ML20127N305
Person / Time
Site: 05200003
Issue date: 10/02/1992
From: Liparulo N
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20127N299 List:
References
AW-92-363, NUDOCS 9212010170
Download: ML20127N305 (7)


Text

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Westinghouse Energy Systems b 355 Pmsboqh Penryma 15230 0355 Electric Corporation AW-92-363 October 2,1992 Do:ument Control Desk

, U.S. Nuciaar Regulatory Co.nmission Docket STN 524X)3 Washington, D.C 20555 ATTEN TlON: DR. THOMAS MURLEY APPIlCATION FOR WITHHOLDING PROPRIETARY INFORJiATION FROM PI)J,jllC DISCLOSURE SUBJECr: WCAP-13487, Rev 0 M Proprietary Class 2) WCAP 13488 M Propdetary Class 3)

"lligh inertia Rotor Phase 3 Task 1 Test Report" WCAP 13323, Rev. O M Proprietary Class 2) WCAP 13324, Rev, O M Proprietary Class 3) " Phase 11 Wind Tunnel Ter ting for the Westinghouse AP600 Reactor"

Dear Dr. Murley:

The application for withholding is submi ted t by Westinghouse Electric Corporation (" Westinghouse")

pursuant to the provisions of paragraph (b)(1) of Section 2 790 of the Commission's regulations. It contains commercial strategic information propnetary to West!aghouse and customadly held in contider.ce.

1 The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW 92-363 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 sut'ect information which is propi:etary 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 reference AW-92-363 and should be addressed to the undersigned.

Very truly yours, N. 'parul , Manager Nuclear Safety And Regulatory Activities inja ec: M. P. Siemica Office of the General Counsel, NRC L Barnett NRC (l?H5) osm l

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blBDAVIT COMMONWEAL'ill OF PENNSYLVANI A:

ss COUNTY OF /1LEGHENY:

Befor. me, the undersigned authority, personally appeared Nicholas J. Liparuto, who, being by i

me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporatina (" Westinghouse") and that the averments of fact set forth n this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Nicholas J. Li r610, Manager Nuclear Safety and Regulatory Activities

{ Sworn to and subscribed before me this 5 day of OC[MAULJ 1992 0  % D]$ .

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AW.92 363 (1) I am Manager, Nuclear Safei> and Regulatory Activi'.ies, in the Nuclear and Advanced Technology Division, of the 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 with nuclear power plant licensing and rulemaking proceedings, ond am authorized to apply for its withholding on behalf of the Westingaouse Energy Systems Business Unit.

(2) I am making th;s Affidavit in conformance veith the provisiors of 10CFR Section 2.790 of the Commission's regulations and in conjur.ction with the Westingho'ise application for withholdinb act;ompanying this Affidavit.

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( ') I have personal knowledge of the criteria and procedures utiliicd by the Westinghoust Energy Systems Business Unit in designating information as a trade sceret, privileged or as confidential cortmercial or financial info 7 nation.  !

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, iie following is furnished for considerat ion by the Comtaission in determining l

whether the information sought to be wit > held frcm public disclosure should be withheld.

l (i) The information sought to be withheld firm pablic disclosure is owued and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse aad not customarily disclosed to the public. Westinghouse has a rational basis far 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 competitive advantage, as follows:

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, r w-AW-92-363 (a) The information reveals the distinguishing espects of a process (or component, structure, tool, inethod, etc.) where prevention of its use by any of Westinghouse's competitors without license frorn Westinghouse constitutes a competiti e economic advantage over other companies.

s (b) It consists of supporting data, includicg test data, rel.,tive to a process (or component, :;trucmre, too;, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

R (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 capacities, budget levels, or i commercial strategies of Westinghouse, its customets or supplies.

(e) It reveals aspects of past, pt:sent, or future Westinghouse or customer funded hvelopment plans and programs of potential commercial value to Westinghouse.

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

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

I (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 competitive position.

(b) It is informatica which is marketable in many ways. The extent to which such information is available to competitors .liminishes the Westinghouse ability to sell products and services involving the use of the information.

1 (c) Use by om competitor would put Westinghouse at a competitive disadvantage e _ _ _ _ _ _ _ _ _ _ _ _

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{ AW,92 363 4

by reducing %s expenditure of resources at our expense.

(d) Each component of proprietary informat:on pertinent to a particular

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 cotire puzzle, thereby deprivi.g l Westinghouse of a competitive advantage.

1 (c) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thcreby give a market advantage to the

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competition of those countries.

i (f) The Westinghouse capicity ta invest corporate assets in research and

development depends upon the success in obtaining and maintairing a competitive advantage.
(iii) The infsmation is being transmitted to the Commission in confidence and, under the provisiens of 10CFR Section 2.790, it is to be received in confidence by the CommiMon.

l (iv) The information sought to be protected is not Railable in public sources or available information has r:ot been previously employed in the same original manner or method i

to the best of our knowledge and belief.

(v) Enclosed are letter ET-NRC.92 3753, October 1992, and WCAP-13487, Rev. O, "High Inertia Rotor Phase 3 Task 1 Test Report" and WCAP-13323, Rev. O,

" Phase II Wind Tunnel Testing for the Westinghouse AP600 Reactor" being transmitted by Westinghouse Electric Corporation (E letter and Application for i

Withholding Proprietary Information from Public Disclosure, N. J. Liparuto (B, to

. Thomas Murley, Director, Office of NRR. The proprietary information as l submitted for use by Westinghouse Electric Corporation is in response to questions concerning the AP600 plant and the associated design certification application and is

expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of licensing advanced nuclear power plant designs.

AW 92-363 This information is part of that which will enable Westinghouse to:

(a) Demonstrate the design und safety of the AP600 Passivn Safety Systems.

, (b) Establish applicable verification testing methods.

(c) Design Advanced Nuclear Power Plants that meet NRC requircinents.

(d) Establish technical and licensing approaches for the AP600 that will ultimately result in a cenified design (c) Assist customers 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 sup; ort und defense of the technology to its customes in the licensing process.

Public disclosure of this proprietary infonnation is likely to cause substanti-al 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. Afsc, public disclosure of the informatior, wauld enable others to use the informasion to meet NRC requirements for licensing documentation v ithout purchasing the right to use the lufonnation.

The development of the technology described in part by the information is the teruit of applying the results of many yem of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

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AW.92 363 e

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In order for comp
titors 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 l analytical methods and receiving NRC approval for those methods.

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Further the deponent sayeth not.

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