ML20135J094

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Requests Withholding of Proprietary Vols 3 & 4 to RESAR-SP/90 Westinghouse Advanced Pwr,Pda Module 16, Probabilistic Safety Study, Per 10CFR2.790.Affidavit Encl
ML20135J094
Person / Time
Site: 05000601
Issue date: 09/13/1985
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19273A546 List:
References
AW-85-060, AW-85-60, NUDOCS 8509250215
Download: ML20135J094 (9)
v • d • e


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Westinghouse Water Reactor 83 ass Pmssgh PeansyNaN 15230 0355 Electric Corporation Divisions September 13, 1985

. AW-85-060 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 FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Westinghouse Advanced Pressurized Water Reactor (MAPWR) Reference Safety Analysis Report, RESAR-SP/90, PDA Module 16, "Probabilistic Safety Study" (Volumes 3 and 4)

REFERENCE:

Westinghouse Letter no. NS-NRC-85-3064, Rahe to Denton, dated September 13, 1985

Dear Mr. Denton:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2 790 of the Comission's regulations. It contains comercial strategic information proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NSEPR-2675 dated November 1,1982 and is equally applicable to this material.

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 Comission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-85-060 and should be addressed to the undersigned.

Very truly yours, 8509250215'e50913 PDR ADOCK 0 % 1 K

Robert A. Wiesemann, Manager Regulatory & Legislative Affairs

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

Office of the Executive Legal Director, NRC i

AM-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: e ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdco, who, being by me duly sworn according to law, de oses 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, infor: nation, and belief:

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. n D. McAcco, Ass 1stant Manager Nuclear Safety Cecartment Sworn to and subscribed .

before me this / day of b %rv/v.c/1982.

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Notary Public nut! Tit sLcesxA. n:taar PusuC

'JChr9fflLit C030, Au!GNtMY COUNT 7 af COMM413104 DFf2Es EAaCH 10. ISM' e,ew, P,sesytrania Assocation ef M*9'-"

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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 sougnt to be withheld from public dis-closure in connection witV nuclear. power plant licensing or rule-making proceedings, and am authorized to apply for its withnolding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.7g0 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, 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 furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld frem public disclosure is owned and has been held in confidence by Westingnouse.

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

Westinghouse has a rational bas'is for determining the types of information customarily held in confidence by it and, in 4

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 com-1 petitive advantage, as follows: .

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

where prevention of its use by any of Westingnouse's competitors without license from Westingnouse consti-tutes a competitive economic advantage ever other

companies.

('b ). It consists of supporting data,. including test data, relative to a process (or comconent, structure, tool, method, etc.), the application of whien data secures a c:mpetitive economic advantage, e.g. , by optimi:ation or imoroved m'arketability.

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AW-82-57 (c) Its use by a competitor would reduce his expenditure of r,esources 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 commercial strategies of i

Westinghouse, its custcmers 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 desirtb.le.

(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 wnich include the following:

(a) The use of such infomation by Westingnouse gives Westinghouse a competitive advantage over its ccm-petitors. It is, therefore, withheld from disclosure to 1rotect the Westinghouse competitive position.

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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 Westingneuse 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 of proprietary infor-mation, any one component may be the key to the entire puz:le, thereby depriving Westinghouse of a competitive advantage. ,

(e) Unrestricted disclosure would jeopardi:e the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

(fl The Westinghouse caoacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a comoetitive advantage.

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AW-82-57 (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 Commission.

(iv) The information sought to be protected is not available in public sources or available information has not been pre-

. viously employed in the same original manner or method to the best of our knowledge and belief.

(vl The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the " Westing-house Advanced Pressurized Water Reactor (WAPWR) Licensing ,

Control Document." This document identifies specific _ design features and improvements which the WAPWR will have in order to meet current reguTatory . requirements. In addition, it

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establishes the WAPWR position with respect to each require-ment. .

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACKS safety goals.

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

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AW-82-57 development program. Further, it would enable competitors to

! use the infomation for comercial purposes and also to meet i NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the information.

Information regarding its development programs is valuable to Westinghouse because:

(.a ). Information resulting from its development programs gives Westinghouse a competitive advantage over its com.petitors.

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

i (b) It is informatiori which is marketable in many ways. The extent to which such i.nfomation is available to competi- ,

tors diminishes the Westingnouse ability to sel-1 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-t petitors acquire components of proprietary infomation, any one component may be the key to the entire puz:le 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 upor. the success in obtaining and maintaining a competitive advantage.

. 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 deponent sayeth not.

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