ML20137Q988

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Requests That Info Referenced in Be Withheld from Public Disclosure Per 10CFR2.790.Notice & Affidavit AW-76-45 Encl
ML20137Q988
Person / Time
Site: Haddam Neck File:Connecticut Yankee Atomic Power Co icon.png
Issue date: 01/07/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19273A818 List:
References
CAW-86-003, CAW-86-3, NUDOCS 8602070149
Download: ML20137Q988 (10)
v • d • e


Text

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CAW-86-003 Nuc! ear Technology DivGion Westinghouse Water Reactor Electric Corporation Divisions sc,333 Pittsburgh Pennsylvanta 15230 0355 N3-0FLS-0FL-I-86-006 January 7, 1986 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulaticn U. S. Nuclear Regulatory Cor:raission Washington, D. C. 20555 APfLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Northeast Utilities Service Company letter to NRC dated January 9, 1986

Dear Mr. Denton:

The prop.2etary caterial for which withholding is being requested in the reference letter by Northeast Utilities Service 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 Conraission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Conrnission's regulations.

The proprietary material for which withholding is being requested is of the same 1,0chnical type as that proprietary material previously submitted with application for withholding AW-76-45 Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northeast Utilities Service Company.

5 8602070149 860116 PDR ADDCK 05000213 P PDR

Page 2 CAW-85-003 NS-ORS-OR-I-86-006 January 7, 1986 Correspondence with respect to the proprietary- aspects of the application for withholding or the Westin5h ouse affidavit should reference this letter, CAW-86-003, and should be addressed to the undersigned.

Very truly yours, a  %

y% Ro >rt A. iesemann, Manager egulatory & Legislative Affairs

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

Office of the Executive Legal Director, NRC l

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/ PROPRIETARY INFOPyATION NOTICE I

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( TRANSFlTTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERS D0QJMEhTS PURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FD PLAhT SPECIFIC REVIEW AND APPROVAL.

t-IN DEER 10 CONFORM 701HE REQUIREMENTS OF 10CFR2.790 0F THE COMMIS RE3ULATIONS CONCERNING THE PROTECTION OF PROPRIETARY IhTOPyATION SO SUBMITTED TO THE NRC,1HE INFDPyATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAIND WITHIN BRACKETS AND WHERE THE PROPRIETARY IhTORFATION HAS

. DII.ETD IN THE NON-PROPRIETARY TESIONS QC Y THE BRACKETS RD'AIN, THE IhTOPEATION THAT WAS CONTAIND WITHIN THE BRACKETS IN THE PROPRIE HAVING BEDi del.ETE. 1HE JUSTIFICATION FOR Q. AIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATE IN B01H VERSIONS BY MEANS O LETTERS (a) THROUGH (g) CONTAINED WITHIN PAREhWESES LOCATED AS A SUPERSCRIPT IFFI.DIATII.Y FDLLOWLN3 THE BPACKETS DiQ.CEING EACH ITEM OF IhTOPyATION BEIO IDDiTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH IhTORFATION.

THESE LQiER CASE Lt.uuS REFIR 1D THE TYPES OF IhTOPyATION WESTINGHOUSE CUS1DMARILY HMS IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING 1HIS TRANSFlTTAL PURSUAhT 1D 10CFP2.790(b)(1).

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  • s AW-76-45 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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' COUNTY OF ALLEGHENY:

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

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

L tu Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed befor methisj day of rI/ 1976.

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AW-76-45 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor 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 conformance with the provisions of 10 CFR 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, 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 from public disclosure is owned and has been held in confidence by Westinghouse.

AW-76-45 (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 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 ap-plication 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-petitive advantage, as follows:

(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 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 commercial 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 pottn'ial commercial value to Westinghouse.

(f) It contains patentable ideas, for which-patent pro-tection 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 (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 competit've 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-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 Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

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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, "Tranflo Steam Generator Code Description" (Proprietary),

being transmitted by Westinghouse Letter No. NS-CE-1219, Eiche1dinger 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 custaners to obtain licenses.

(c) Optimize long-term cooling design.

Further, this information has substantial commercial value as follows:

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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 information to perform and justify analyses which are sold to customers.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse because it would enable others to use the information 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 infonnation, similar engineering programs would have to be performed 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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