ML20140A458
| ML20140A458 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 11/21/1984 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19276D353 | List: |
| References | |
| CAW-84-102, ST-HL-AE-1617, NUDOCS 8603200216 | |
| Download: ML20140A458 (12) | |
Text
I' C
N Enclosure A
[
j Part 1 ST-HL-AE-1617 Westinghouse Water Reactor -
Q Electric Corporation Divisions November 21, 1984 CAW-84-102 Mr. Harold R. Denton, Director 0ffice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20055 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
" Technical Bases for Eliminating Pressurizer Surge Line Ruptures as the Structural Design Basis for South Texas Project," WCAP-10489, and " Additional Information - South Texas Project" REF:
Houston Lighting & Power Letter to NRC dated November 1984
Dear Mr. Denton:
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously prepared by Westinghouse concerning the elimination of postulated pipe breaks in the reactor coolant system primary loop from the structural design basis of the South Texas Project. This application for withholding, CAW-84-102, is accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the attached affidavit, be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
Correspondence with respect to the proprietary aspects of this application for withholding or the Westinghouse af fidavit should reference CAW-84-102 and should be addressed to the undersigned.
Ver truly yours, M
Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
/anj Enclosure cc: E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC B603200216 060312 PDR ADOCK 05000498 A
PDR 1
CAW-84-102 AFFIDAVIT COMMONWEALTH 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:
O wC ' =
Joh D. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed before me this 2.lf day
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Notary Public LORRAINE M. PIPLICA. N0!ARY PUBLIC MONR0tvitLE E0RO. ALLICHENY COUUY MY COMMIS$10N EXPIRES C[C 14.1387 Member. Pennsybania Assocation of Notaries HFC/0162n/11-20-84
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, CAW-84-102 (1)
I am Assistant Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as su:h, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking 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 conjunction with the Westinghouse application for withholding accompany 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 information 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.
(ii) The information is of a type customarily held in confidence by Westinghouse and not custcmarily 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 application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis i
required.
HFC/0162n/11-20-84
_ - - - _ - _ _ _ _ CAW-84-102 Under that system, information is held in confidence if it falls in one or more of sever.1 types, the release of which might result in the loss of an existing or potential competitive 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 l
other companies.
(b)
It consists of supporting data, including test data, relative to 2
process (or component, structure, tool, method, etc.), the application of.which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(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 i
similar product.
(d)
It reveals cost or price information, production capacities,
]
budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential consnercial value to Westinghouse.
l (f). It contains patentable ideas, for which patent protection 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.
~
HFC/0162n/11-20-84
___ _- ~__ -... _ _, _ _ _ _, _ _ _ _. - -
_ _ _ _ _ _ _ CAW-84-102 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 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 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 of proprietary information, 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 3
obtaining and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is j
to be received in confidence by the Commission.
HFC/0162n/ll-20-84
_ _ _ _ _ - _ _ -. CAW-84-102 (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 WCAP-10489,
" Technical Bases for Eliminating Pressurizer Surge line Ruptures as the Structural Design Bases for South Texas Project," dated February 1984, and " Additional Information - South Texas Surge Line."
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided that they have the requisite talent and-experience.
1 Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and ef fort.
Further the deponent sayeth not.
f i
i HFC/0162n/ll-20-84
('^\\
Enclosure B i
Part 1
(
ST-HL-AE-1617 Westinghouse Water Reactor g5, Electric Corporation Divisions November 21, 1984 CAW-84-102 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washingt'on, D.C.
20055 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
" Technical Bases for Eliminating Pressurizer Surge Line Ruptures as the Structural Design Basis for South Texas Project," WCAP-10489, and " Additional Information - South Texas-Project" REF:
Houston Lighting & Power Letter to NRC dated November 1984
Dear Mr. Denton:
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously prepared by Westinghouse concerning the elimination of postulated pipe breaks in the reactor coolant system primary loop from the structural design basis of the South Texas Project. This application for withholding, CAW-84-102, is accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the attached affidavit, be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Consnission's regulations.
Correspondence with respect to the proprietary aspects of this application for withholding or the Westinghouse affidavit should reference CAW-84-102 and should be addressed to the undersigned.
Ver truly yours, W'
Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
/anj Enclosure cc: E. C. Shomaker, Esq.
Of fice of the Executive Legal Director, NRC l
CAW-84-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
8efore 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:
G wC ' =
Joh D. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed before me this 2.lf day
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' j,5y 9 A p,g 4 Notary Public LORRAINE M. PIPLICA. NOTARY PUBLIC MONRCEVILLE BORO. ALLECH!hY COUNTY MY COMMIS$l0N EXPIRES DEC 14.1987 Member. Pennsylvania Association of Notanes HFC/0162n/11-20-84
- - - - - ~ - -
CAW-84-102 (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 disclosure in l
connection with nuclear power plant licensing or rulemaking 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 application for withholding accompany this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by-j Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential comercial 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 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.
(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 application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
HFC/0162n/11-20-84
_..... _ ; L._ J....
- ~ -
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~
.. CAW-84-102 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 competitive 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 j
Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data, including test data, relative to,
process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(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 capacities, budget levels, or consnercial strategies of Westinghouse, its customers or suppliers.
l (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ideas, for which patent protection may be l
desirable.
i (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
l HFC/0162n/11-20-84
-- CAW-84-102 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 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 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 of proprietary information, 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 I
obtaining and maintaining a competitive advantage, j
(iii) The information is being transmitted to the Connission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
HFC/0162n/11-20-84
}
I CAW-84-102 (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 in7WCAP-10489,
" Technical Bases for Eliminating Pressurizer Surge line Ruptures as the Structural Design Bases for South Texas Project," dated February 1984, and " Additional Information - South Texas Surge Line.'
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by.
Westinghouse provided that they have the requisite talent and experience.
Public disclosure of this information is likely to cause substantial 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.
E l
l i
HFC/0162n/ll-20-84
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