ML20128P639

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Requests Proprietary RESAR-SP/90 Westinghouse Advanced PWR Module 11, Radiation Protection, Be Withheld (Ref 10CFR2.790)
ML20128P639
Person / Time
Site: 05000601
Issue date: 07/12/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19304B384 List:
References
AW-85-045, AW-85-45, NUDOCS 8507260468
Download: ML20128P639 (9)
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Westinghouse Water Reactor Ba 355 PittSDufEh Pennsylvania 15230-0355 Electric Corporation Divisions July 12,1985

, AW-85-045 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington D. C. 20555 APPLICATION FDR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

SUBJECT:

Westin@ouse Advanced Pressurized Water Reactor (]dAPWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Ndule 11, " Radiation Protection"

REFERENCE:

Westin@ouse Letter No. NS-NRC-85-3047, Rahe to Denton, dated July 12,1985

Dear Mr. Denton:

This application for withholding is sutrnitted by Westin@ouse Electric Corparaticn ("Westin@ouse") pursuant to the provisions of parsgraph (b) (1) of Section 2.790 of the Comission's regulations. It contains comercial strategic infomation proprietary to Westin@ouse and customarily held in confidence.

1he affidavit previously provided to justify withholding proprietary infomation in this matter was sutinitted as AW-82-57 with letter NS-EPR-2675 dated Nover.ber 1,1982 and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westin@ouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-85-045 and should be addressed to the trid.ersigned.

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Very truly yours, 8507260468 850712 PDR K

ADOCK 05000601 PDR

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M' hw t A. Wiesemann, Manager Regulatory & Legislative Affairs

/kk cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

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AW-82-57 AFFIDAVIT C01940NWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, 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:

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n D. McAdoo, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day of hem /d1982.

It&W Notary Public Pautmt supesu notaat pseuc scheptvlut 3040, Au! DIET 009W17 ST CONull:104 QPISG BatCM 18,1986-tomber, Peensvivenis Assoustice of Nataear

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AW-82-57 (1) I am Assistant Manager, Nuclear Safety Department, 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 withholding ac-companying 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, priv,ileged 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 in-formation ,soyght to be withheld from public disclosure should be withheld. ~

(,1) The information sought to be withheld from pu'blic disclosure is owned and has been held in confidence by Westinghouse.

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- 3- AW-82-57 (ii) The infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for detemining 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, infomation is held in confidence if it

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falls in one or more of several types, the release of which might result in the loss of an existing or potential com-petitive advantage, as follows: -

(.a) The information reveals the distinguishing aspects of a process (or component, stru:ture, tool, method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-tutes 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.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.

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AW-82-57 (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 infonnation, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f). It contains patentable ideas, for which patent pro-taction may be desirab.le.

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

There ar,e sour.d policy reasons behind the Westinghouse system which include the following: *

(a) The use of such infonnation by Westingho'se u gives Westinghouse a competitive advantage over its com-petitors.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

r AW-82-57 (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.

(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 information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components o'f proprietary infor-I 1mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market,

,an,d thereby give a market advantage to the competition in those countries.

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

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(iii) The !nformation is being transmitted to the Comission in confiCence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The information sought to be protected is not available in public sources or available information has not been pre-iviously employed in 'the same original unner or method to the best of our knowledge and belief.

(v) The proprietary infonnation sought to be withheld in this sub-mittal is that which is appropriately marked in the " Westing-houseAdvancedPressurizedWaterReactor(WAPWR) Licensing Control Document." This document identifies specific design features and improvements which the WAPWR will have in order to meet current regulatory . requirements. In addition, it establishes the WAPWR position with respect to each require-ment. "

Public dischsure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as itwou14revealthedescriptionoftheimproveddesignfeatures of the WAPWR; Westinghouse plans for future design, testing and an'a lysis aimed at design verification; and demonstration of the '

design's capability to meet evolving NRC/ACRS safety goals.

All of this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular k

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-7 , AW-82-57 development program. Further, it would enable competitors to use the infonnation for connercial purposes and also to meet NRC requirements for licensing docunentation, each without purchasing the right from Westinghouse to use the infonnation.

Information regarding its development programs is valuable to Westinghouse because:

(a). Infonnation resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is infonnation which is marketable in many ways. The extent to which such_1nfonnation is availab'e to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c)_ Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to '

a particular competitor 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.

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AW-82-57 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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Being an innovative concept, this information might not be discovered by the competitors of Westinghouse independently.

To duplicate this information, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

Further the doponent sayeth not.

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