ML20137L039
| ML20137L039 | |
| Person / Time | |
|---|---|
| Site: | McGuire, Mcguire  |
| Issue date: | 12/06/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19273A741 | List: |
| References | |
| CAW-85-084, CAW-85-84, TAC-59660, TAC-59661, NUDOCS 8601240335 | |
| Download: ML20137L039 (6) | |
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Westinghouse Water ReactCr b 355 Bectric Corporation Divisions Pc'sburp Fennshania 15230 0355 December 6, 1985 CAW-85-084 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C.
20055 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PU8LIC DISCLOSURE _
Reference:
Duke Power Company Letter to NRC dated December 1985
Dear Mr. Denton:
The proprietary material for which withholding is being requested in the reference letter by Duke Power Company is further identified in an af fidavit signed by the owner of the proprietary information, Westinghouse Electr.c Corporation. The af fidavit, 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) (b) 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 submitted with application for withholding CAW-83-80.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Ot.ke Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-85-004, and should be addressed to the undersigned.
Very truly yours,
$NU Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosure cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 8601240335 060116 PDR AD9CK 05000369 p
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CAW-83-80 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Joh being by me duly sworn according to law, deposes and says th I
authertzed to execute this' Affidavit on behalf of Westinghous a
e is Corporation (" Westinghouse") and that the averments of fact rc Affidavit are true and correct to the best of his knowledge set forth in this belief:
information, 'and h
N j ye; WC d yV,..
D. McAdoo, AssfNnt Manager Nuclear Safety Department f
Sworn to and subscribed before,,,$,e this L e day
.c?),Ltdh 1983.
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- CAW-83-80 (1)
I am As'sistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy Division..of Westinghouse Electric Corporation and as such, I have been specif feally delegated the function of reviewing the proprietary information sought to be withheld from pubife disclosure in connection with nuclear power plant ifcensing 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 Comission's regulations and in conjunction with the Westinghouse appitcation for withholding accompanying this Aff fdavit.
(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 information sought to be with-held from pubife disclosure should be withheid.
(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 customarfly disclosed to the public. Westing-house has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hole certain types of information in confidence. The application of that system and the subs.tance of that system constitutes Westinghouse policy and provides the rational basis required.
. CAW-83-80 Under that system, information is held in confidence if it falls in i
one or more of several types, the release of which might result in j
the loss of an existing or potential competitive advantage, as follows:
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(a) t The informatfon reveals the distinguishing aspects of a process j
(or component, structure, tool, method, etc.) where preventfon of its use by any of Westinghouse's competitors without ifcense from Westinghouse constitutes a competitive economic advantage over other companies.
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(b)
I It consists of supporting data,. iuuding test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advan
- i tage, e.g., by optimization or improved marketabfifty.
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(c)
Its use by a competitor would reduce his expenditure of resour-l ces or improve h!s competitive position in the design, manufac-ture, shipment, insta11at fon, assurance of quaf f ty, or licensing a sistlar product.
1 (d) f It reveals cost or price informatfon, prodectfon capacitfes,
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budget levels, or commercial strategies of Westinghouse, its 1
customers or suppliers.
i (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potentfal j
commercial value to Westfnghouse.
(f)
It contains patentable ideas, for which patent protectfon may be desirable.
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~ CAW-83-80 s
(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 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 avaf fable 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 parti-cular competitive advantage is potentfally as valuable as the total competitive advantage.
If competitors acquire components of proprietary information, any one component may be the key to the entire puzzie, thereby depriving Westinghouse of a compett-tive advantage.
(e)
Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.
" CAW-83-80 (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining.,and main-taining a competitive advantage.
(fif)
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 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 " Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as the Structural Design' Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.
The subject information could only.be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.
Public disclosure of this information is Ifkely to cause substantial
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harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.
Further the deponent sayeth not.
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