ML20140D572
| ML20140D572 | |
| Person / Time | |
|---|---|
| Site: | Beaver Valley |
| Issue date: | 12/04/1984 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Knighton G Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20140D551 | List: |
| References | |
| AW-76-38, CAW-84-98, NUDOCS 8412180569 | |
| Download: ML20140D572 (9) | |
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Westinghouse Water Reactor Q
Electric Corporation Divisions December 4,1984 CAW-84-98 Mr. George W. Knighton, Chief i
Licensing Branch No. 3 Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
SUBJECT:
Submittal of WCAP-9735 Rev.1 (Proprietary) and WCAP-9736 (Non-Proprietary) in support of FSAR REF:
Duquesne Light Company letter, Woolever to Knighton, dated December 1984
Dear Mr. Knighton:
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 Commission's regulations. Withholding from public disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.
The undersigned has reviewed the information sought to be withheld and is authorized to apply for its withholding on behalf of Westinghouse, WRD, i
i notification of which was sent to the Secretary of the Commission on April 19, 1976.
The affidavit accompanying this application 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 Section 2.790 of the Comission's regulations.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse and which is further identified in the l
af fidavit be withheld f rom public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.
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Mr. George W. Knighton Dect.mber 4,1984 CAW-84-98 Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-84-98 and should be addressed to the undersigned.
Very truly yours, UQ 4
R. A. WieseMnn, Mhnager Regulatory & Legislative Affairs
/1sb Attachment cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 4
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s-J AW-76-38
- 7 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
i ss 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-ments of fact set forth in this Affidavit are true and correct to the best of'his knowledge, information, and beliefi L2$2Af4Li' Robert A. Wiesemann, Manager Licensing Programs Sworn to and subs ibed bef r* me this, b day of t h[w [d 1976.
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. AW-76-38
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(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specificall,y 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 hy Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or i
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 hy the Commission 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 hy Westinghouse.
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i AW-76-38 r
-(ii) The.information is of a type customarily held in confidence hy Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types i.
of information customarily held in confidence by it and, in j
that connection. utilizes a system to determine when and whether to hold certain types of information in confidence.
l 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 i
falls in one or mura of several types, the release of which might result in t'hre loss of an existing or potential com-petitive advantage, as follows:
(a) The information reveals the distinguishing aspects of aprocess(orcomponent, structure, tool, method,etc.)
where prevention of its use hy any of Westinghouse's competitors without license from Westinghouse consti-tutes a competitive ec_onomic advantage over other companies.
-4 (b)
It consists of supporting data, mincluding test data, relativ'etoaprocess(orcomponent, structure, tool, method, etc.), the application of which data secures a c1 competitive economic advantage, e.g., by optimization or improved marketability.
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- AW-76-38 1
(c) Its use by a competitor would reduce his expenditure of resources or. improve his' competitive position in the des.ign, 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 l
WestinghouEe,itscustomersorsuppliers.
(e)
It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential 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
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, 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
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Westinghouse a competitive advantage over its com-petitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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5 AW-76-38 (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 infonnation.
(c) Use by our competitor would put Westinghouse at a competitive disadvantage hy reducing his expenditure of resources at our expense.
(d) Each component of proprietary information pertinent to a particula.r 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. therehy depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and therehy give a parket 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-76-38 The inform tion is being transmitted to the Comission in (iii) a confidence and, under-the provisions of 10 CFP Section 2.790,
-it is to be received in confidence by the Commission.
(iv)
The information is not available in public sources to the best of our knowledge and belief.
l (v)
The proprietary information sought to be withheld in this
' submittal is that which is appropriately marked in the attachment to Westinghouse letter NS-CE-1193. Eiche1dinger to Stolz, dated August 31, 1976. The letter and attachment are being submitted in partial response to the June 17, 1976 NRC questions arising out of the review of the Westinghouse reports WCAP-8708 (Proprietary) and WCAP-8709 (Non-Proprietary) entitled, "MULTIFLEX, A Fortran-IV Computer Program for Analyzing Thermal-Hydraulic Structure System Dynamics."
This information enables Westinghouse to:
l (a) Justify the design basis for hydraulic forcing'funclions following postulated loss of coolant accidents.
1 (b) Assist its customers to obtain licenses.
(c) Justify the model and conservative assumptions used in hydraulic forcing functions during the subcooled de-compression.
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. AW-76-38 (d) Verify applicability of design model.
Further, this information has substantial cont'.rcial value as follows:
s (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 be-cause 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 N 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 programs would have to be performed and a significant nanpower effort, having the requisite talent and experience, would have to be expended for analyses verification and code development.
Further the deponent sayeth not.
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