ML20128N521
| ML20128N521 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 02/18/1993 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20128N497 | List: |
| References | |
| AW-93-417, NUDOCS 9302230276 | |
| Download: ML20128N521 (9) | |
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Westinghouse Energy Sptems Box 355
"'it;tegh Pent'sylvama 1E230 0355 Electric Corporation AW-93-417 February 18,1993 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 KITENTION: MR. R. W. BORCHARDT APPLICATION FOR WITHHOLDING PROPRIETARY INFOkM ATION FROM PUBLIC DISCLOSURE
SUBJECT:
MATERIAL IN SUPPORT OF WESTINGHOUSE /NRC MEETING ON CMT TESTS FOR AP600
Dear Mr. Borchardt:
The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse")
pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Ccmmission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.
The proprietary material for which withholding is being requested is identified la the proprietary version of the subject report. In confonnance with 10CFR Section 2.790, Affidavit AW-93-417 uccompanies this application for withholding scaing 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 Cc.nmission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-93 417 and should be addiessert to the undersigned.
Very truly yours,
/
fY I N. J. Liparula, Manager Nuclear Safety.
Regulatory Activities
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M. P. Siemien Office at the General Counsel, NRC l
L Barnett NRC (12H5)
CtWOA 9302230276 930218 DR ADOCK 05200003 PDR
AW-93 417 AFFIDAVIT COMMONWEALTil OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Peter J. Morris, 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 CorporaCon (" Westinghouse"' ano : hat the averments of fact set forth in this
- AfGdavit are true and correct to the best of his knowlJge, information, and belief:
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Peter J. Morris, Manager Strategic Safety and Regulatory Issues Swctn to and subscribed before me this
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l AW.93-417
.4 (1)
I am Manager, Strategic Safety and Reguhtory Issues, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as.uch, I have been
.j4 specifically delegated the function of reviewing the proprietary information sought to be withheld frora public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commisshn's regulations and in conjunction with the Westinghouse application for withholding accornpanying this Affidavit.
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I have personal knowledge of the criteria and procedures utiiii.ed by the Westinghouse Energy Systems Business Unit 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 furWshed for consideration by the Coramission in determining whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information 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 hel1 in confidence by it and, in that connection, utilizes a system to determine when and wi; ether to hold certain types of information in confidence. The application of that system and the substance of that system constitut:s 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 migbt result in the loss of an existing or potential competitive advantage, as follows:
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AW 93-417 (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 Westingbouse constitutes a competitive economic advantage over other companics.
(b)
It consisu 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 improved rnarketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufactrire, ship nent, installation,
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assurance of que'ity, or licensing a similar produc t.
(d)
It reveals cost or price information, pnxlueCon capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(c)
It reveals aspects of past, present, or future Westinghouse 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.
There are scund policy reasons behind the Westinghouse system which 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 competitive position.
(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.
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AW-93-417 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditue 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 competitors acquire components of proprietary information, any one cc nponent may bc the key to the entire punle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardire the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends up(m the success in obtaining and maintaining a competitive advantage.
(iii)
The infonnation 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 Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
(v)
Enclosed is Letter ET-NRC-93-3823, February 1993, being transmitted by Westinghouse Electric Corporation (.W) letter and Application for Withholding Proprietary Information from Pr blic Disclosure, N. L Liparuto (20, to Mr. R. W. Borchardt, Office of NRR. The proprietary information as subinitted 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.
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AW.93-417 This information is part of that which will enable Westinghouse to:
(a)
Demonstrate the design and safety of the AP600 Passive Safety Systems.
(b)
Establish applicable verification testing methods.
(c)
Design Advanced Nuclear Power Plants that meet NRC requirements.
(d)
Establish tNbeiral and licensing approaches for the AP6%) that will ultimately result in a certified design.
(e)
Assist customers in obtaining NRC approval for future plants.
Further this information has substantial commercial value as follows:
1 (a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NhC require.aents for advanced pwnt licenses.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process.
Pubhc disclosure of this proprietary information is likely to case substantial harm to the competitive pasition of Westinghouse because it would enhance the ability of competitors to provide similar advanced nuclear power designs and liccusing defense services for commercial power reactors witnout commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing docunantation without purchasing the right to use the informat'.on.
The d. velopment 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 93-417 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 methods and receiving NRC approval for those methods.-
Further the deponent sayeth not.
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COPYRIGIIT NOTICE The reports transmitted herewith each bear a Westinghouse copyrig!" notice. The NRC is permitted to mcke the number of copies of the information contained in these reports which are necessary for its internal use in comicetion with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, orden, or regulation suyect to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non proprietary versions of these reports, the NRC is permitted to make the number of copics beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, D.C. and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. The NRC is not authorized to make copies for the personal use of members of the public who make use of th NRC public document rooms. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.
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PROPRilil'ARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-pioprietary versions of documents furnished to the NRC :
in connection with requests for generic and/or plant specific review and approval, in order to conform to the requirements of 10CFR 2.790 of the commission's regulation concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets and where the proprietary information has been deleted -
in the non proprietary versions on the brackets remain, the information that was contained within brackets and where the proprietary information has been deleted in the non-proprietary versions only the brackets-remain, the information that was contained within the brackets in the proprietary versions having been deleted. The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the marg n opposite such information. These lower case letters refe-to the types of-i information Westinghouse customarily holds in confidence identified in Section (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10CFR2.790(b)(1).
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