ML20134D568

Requests Withholding of Proprietary Main Steam Line-Break- Superheat, Per 10CFR2.790

ML20134D568
Person / Time
Site:	Catawba
Issue date:	07/31/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269B575	List: ML20134D548 ML20134D568
References
CAW-85-048, CAW-85-48, NUDOCS 8508190272
Download: ML20134D568 (8)

Text

N Nuclear Technology Division Westinghouse Water Reactor Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15230 July 31,1985 CAW-85-049 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

REFERENCE:

Duke Power Company letter to NRC dated August,1985.

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Duke Pcuer Company is further identified in an affidavit 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 Comission 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 requested is of the same technical type as that proprietary material previously sutrnitted with application for withholding AW-76-45.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duke Power Company. '

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Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-049, and should be addressed to the tridersigned.

Very truly yours, Robert A. Wiese ann, Manager Regulatory & Le(gislative Affairs

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

Office of the Executive Legal Director, NRC -

8508190272 850813 PDR ADOCK 05000413 p PDR

O AW-76-45 AFFIDAVIT

-COPHONWEALTH OF PENNSYLVANIA:

ss TOUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared 4tobert A. Wiesemann, who, being by me duly sworn according to law, .de-p ses and says that he is authorized to execute this Affidavit on behalf

.of Westinghedse Electric Corporation (" Westinghouse") and that the aver-eents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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Robert A. Wiesemann, Manager '

Licensing Programs ,

4 Sworn to and subscribed befo' 3 t,his j day of s/d/ 197,6.

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/ AJ U g/_ . ....e-Notary

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. I AW-76-45 o

(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor i Systems 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 confonnance with the provisions of 10 CFR Section 2.790 of the Connission'_s regulations and in con-junction with the Westinghouse application for withholding ac-

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~sompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating infonnation

as a trade secret, privileg'ed or as confidential connercial 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 Connission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

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

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AW-76-45 (ii) The infonnation is of a type customarily held in confidende by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational basis for determining the types of infonnation customarily held in confidence by it and, in that connection, utilizes a system to detennine when and whether to hold certain types of information in confidence. The ap-plication of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system, infonnation 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 com-petitive advantage, as follows:

(a) The infonnation reveals the distinguishing aspects of a process (orcomponent, 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 advantage, e.g., by optimization or improved marketability.

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AW-76-45 (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 cap-acities, budget levels, or consercial 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-

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grams of potential connercial value to Westinghouse.

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

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

There are sound 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 com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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AW-76-45  !

j (b) It is information which is marketable in many ways.

The extent to which such information is availa61e 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 infomation pertinent to a particular competitive advantage is potentiaily as valuable as the total competitive advantage. If competitors acquire components of proprietary infor-nation, 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, and 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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AW-76-45 (iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10 CFR Section 2.790,  ;

it is to be received in confidence by the Comission.

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(iv) The information is not available in public sources to the best of our knowledge and belief. -

(v) The proprietary information sought to be withheld in 'this submittal is that which is appropriately marked in WCAP-8821,

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"Tranflo Steam Generator Code Description" (Proprietary), i being transmitted by Westinghouse Letter No. NS-CE-1219 Eicheldinger to Stolz, dated September 29, 1976. This report is being submitted pursuant to the NRC's Topical Report '

Program for generic review by the Regulatory Staff and is ex-

- pected to be referenced in several license applications.

This information enables Westinghouse to:

e (a) Justify the design basis for emergency systems.

(b) Assist its customers to obtain licenses.

(c) Optimize long-term cooling design.

Further, this information has substantial commercial value as follows: i

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. AW-76-45 (a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse uses the infomation to perfom and justify analyses which.are sold to customers.

Public disclosure of this information is likely to cause sub-stantial harm to t'.e competitive position of Westinghouse because it would enable others to use the infomation to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of this information is the result'of many

' years of Westinghouse effort and the expenditure of a con- '

siderable sum of money.

In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be perforised and a significant manpower effort, having the requisite talent and experience, would have to be expended .

for data analyses and code development.

Fu'rther the dponent sayeth not.

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