ML20147D867

Forwards Affidavit Requesting W/Holding of CAW-78-57 Pursuant to 10CFR Part 2.790(b)

ML20147D867
Person / Time
Site:	New England Power
Issue date:	12/01/1978
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Parr O Office of Nuclear Reactor Regulation
References
NS-RAW-054, NS-RAW-54, NUDOCS 7812200190
Download: ML20147D867 (9)

Text

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Westinghouse Electric Corporation ' Power Systems PWR Systems DMslan Box 355 PittsburghPemsylvania15230 December 1,1978 NS-RAW-054 Ref: CAW-78-57 l

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Mr. Olan D. Parr, Chief Light Water Reactor Branch No. 3 l Division of Project Management I Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014 4

SUBJECT:

Supplemental Information: Application for Withholding CAW-78 New England Power Company Units 1 and 2

Dear Mr. Parr:

The attached affidavit provides the information necessary to make a proprietary determination under 10CFR Part 2.790(b) as requested in your. letter of November 3,1978 and discussed in a telephone conver-sation between L. E. Abel of Westinghouse and E. Shoemaker of NRC on November 30, 1978. Correspondence with respect to this affidavit or the application for withholding should reference CAW-78-57 and be addressed to me.

Very truly yours, L

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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs

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Attachment 1

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7812200t9o (oJV

CAW-78-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A.

Wiesemann, 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 ^5e aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information and belief:

The proprietary material of Westinghouse is of the same technical type as that proprietary material previously submitted to the Commission in August 1976.

Justification for withholding such information from publ1c dis-closure has-been provided by Westinghouse in a previously submitted I affidavit, AW-76-29, dated July 23, 1976, which was approved by the l Commission on June 14, 1978, a copy of which is attached. The aver-ments of the referenced affidavit, AW-76-29, as supplemented, apply equally to the subject submittal and are hereby incorporated by reference. Furthermore, the complete documentary basis for the Com-mission's approval of the justification for withholding such information can be found in NRC Docket Number 50-348 and 50-364.

1 Further the deponent sayeth not. l Robert A. Wiesemann, Manager l Regulatory & Legislative Affairs Sworn to and subscribed l before me-this 3 day l of Mum /leb978.-

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AW-76-29

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'. .- ,7 AFFIDAVIT C MMONWEALTH OF PENNSYLVANIA: .

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. COUNTY OF ALLEGHENY: . .

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Before me, the undersigned authority, personally appeared .,

Robert A. Wiesemann, who, befr.g 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-anents of fact set forth in this Affidavit are true and correct to the '

. ..best of his knowledge, information, and belief: .

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- Robert A. Wiesemann, Manager ,

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1976. -

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. .AW-76-29 .

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(.1) I am Manager, Cicensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such.

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. I have been sp:-;cifically delegated the function'of reviewing the ~

. ' proprietary infonnation 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 Alabama power Company application for withholding accompanying this Affidavit. ,,

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating informati,on

.. 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

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, consideration by the Comniission 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 C is owned and has been held in confidence by Westinghouse. .

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.(11).Theinformationisofatypecustomarily held in confidence

'by Westinghouse and not customarily disclosed to the public.

Weshinghouse has a rational basis for determining the types ,

of information customarily held in confidence by it and, in i that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that system hind the substance of that system constitutes Westinghouse policy and provides the rational basis required. . .

o Under that system, information is held in confidence if it ;l 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: -

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(a) The informaticc. reveals the distinguishing aspects of

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- a process (or component, structure, tool, method, etc.) .

. where prevention of its use by any of Westinghouse's, competitors without license from Westinghouse consti-tutes a competitive economic advantage over other ,

companies. . , .

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.' (b) It consists of supporting data, including ' test data, .

relative to a process (or component, structure, tool, inethod, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability. ,

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', '. , 's (c) Its use by a compet 1r would reduce his expenditure of resources or improve vis competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

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,(d) It reveals cost or price infonnation, production cap-acities, budget levels, or commercial strategies of .

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Westinghouse, its customers or suppliers. .

(e) It reveals aspects of past, present, or future West-

inghouse or customer funded development plans and pro- i grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which'p'atent pro- *

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tection may be desirable. ,

, g (g) It i'., not the property of Westinghouse, but must be.

treated as proprietary by Westinghouse according to . . ,,

. agreements with the owner. .

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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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1 (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  ;

j sell products and. services' involving the use of the information. .

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N (c) Use by our competitor would put Westinghouse at a ,

- competitive disadvantage by reducing his expenditure  ;

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- of resources at our expense. '

j (d) Each component of proprietary information pertinent j i

.to a particular competitive advantage is potentially

.as valuable as the total competitive advantage. If , j

- competitors acquire components' of proprietary infor- l mation, any one compone'nt may be the key to the eni;ke ,

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. -. . puzzle, thereby depriving Westinghouse of a competitive ,

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j (e) Unrestricted disclosure would jeopardize the position  :

of prominence of Westinghouse in the world market, '

q and'thereby give a market advantage to the competition 1 4

'in those countries.

, n (f) The Westinghouse capacity to invest corporate assets . }

7' in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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' (iii) The infonnation is being transmitted to the Commission in-

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• confidence and, under the provisions of 10 CFR Sect' ion 2.790,

.., ,it isito be received in confidence by the Comission. . .

. 1 (iv) The information is not available in public sources to the '

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b.est of.our knowledge and belief,

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• (v) The proprietary information sought to be withheld in this

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' submittal is that which is appropriately marked in the en-l'

- closed material' with regard to Steam Line Break Release

' To The Containment being transmitted to the Commission by Alabama Power Company let'ter, Clayton to Boyd dated August .

1976. .

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This information enables Westinghouse to: ,

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q (a)' Justify the design babis for' emergency systems.

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• (d) Verify computer codes used for accident analyses. .,)

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"" Further, this information has substantial commercial value .;

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.(a) Westinghouse sells the use of the information to its .

I custiomers for purposes of meeting itRC requirements for

. licensing documentation. -

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- (b) Westinghouse uses th'e information to perform and justify .

analyses which are sold to customers.

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- Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse

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l because it would enable others to use the information to meet j

. HRC requirements for licensing documentation without purchasing.

the right to use the information. , l l . . . .

. The development of this information is the result of many years _

i of Westinghouse effort and the expenditure of a consider &bje

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sum of money.' . . . .

• .- e In order for competitors of Westinghouse to duplicate this informa' tion, similar experimental test programs would have to be performed and a significant manpower effort, having '

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.- . the requisite talent and exi ;erience, would have to be

. expended for data analyses and code development. q

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Further the deponent sayeth not. .

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