ML20148H070

Requests That Proprietary Rev 0 to WCAP-8687, Qualification of ATWS Mitigating Sys Actuation Circuitry in Std Seismic Cabinet Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20148H070
Person / Time
Site:	Summer
Issue date:	03/21/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19302D360	List: ML20148H055 ML20148H070 ML20148H075
References
CAW-88-021, CAW-88-21, NUDOCS 8803290305
Download: ML20148H070 (9)

Text

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March 21, 1988 l

Westinghouse - PowerSystems Nuclear Technology systems onese Electric Corporation Box 355 Pittsburgh PennsyNania 15230 0355 CAW-88-021 Dr.' Thomas Murley, Director ,

Office of Nuclear Reactor Regulation. l l

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY -

I INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Qualification of ATWS Mitigating Actuating Circuitry in Standard Seismic Cabinet (Combined Testing and Analysis) l

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the enclosed letter by South Carolina Electric and Gas Company is further identified in an affidavit signed by the owner of the proprietary infortnation, Westinghouse Electric Corperation. The affidavit, which accompnnies tnis letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously : bmitted as Affidavit ,

AW-80-027.

l Accordingly, this letter authorizes the utilization of the accompanying affidavit by South Carolina Electric and Gas Company. i Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-021, and should be addressed to the undersigned.

Very-tr,uly yours, '

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OUduld1MV

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o . iesemann, Manager Regulatory & Legislative Affairs l

Enclosures

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cc: E. C. Shomaker, Esq. ,

Office of the General Counsel, NRC 8803290305 880324 PDR ADOCK 05000395 P DCD _ _

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PROPRIETARY INFORMATION NOTICE This document contains detailed explanations of test procedures and test results which are proprietary to the Westinghouse Electric Corporation.

Due to the proprietary nature of the material contained in this report which was obtained at considerable Westinghouse expense and the release of which would seriously affect our competitive position, we request this information to be withheld from public disclosure in accordance with the Rules of Practice,10CFR2.790, and that the infbrmation presented therein be safeguarded in accordance with 10CFR2.903. We believe that withholding i this information will not adversely affect the public interest. l This information is for your internal use only and should not be released to persons or organizations outside the Directorate of Regulation and the ,

ACRS without prior approval of Westinghouse Electric Corporation. Should it become necessary to release this infbrmation to such persons as part of the review procedure, please contact Westinghouse Electric Corporation and they will make the necessary arrangements required to protect their I proprietary interests.

A separate summary information report, see applicable WCAP-8587, Supplement 1, has been provided which is not proprietary and is available for public disclosure. This is consistent with the procedures adopted by the Commission as per SECY-81-119 dated February 24, 1981. j 1

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AW-80-27 AFFIDAVIT C0t1MONWEALTH 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 ne 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:

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/./4/ f&:140 Robert A. Wiesemann, Manager .

Regulatory and Legislative Affairs  :

Sworn to and subscribed before m this / / day of _ 1980. i

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, /' Notary Public /

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AW-80-27 (1) I am Manager, Regulatory and Legislative ~ Affairs, in the Nuclear Technology Div'ision, 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 witnnoldino 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 con-junction witn the Westinghouse application for withholdina ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information 1 as a trade secret, privileged or as confidential commerical 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- I 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.

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AW-80-27 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

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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.

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 Ior 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.

(b) It consists of supporting data, including test data, relative to a process (c. component, structure, tool, method, etc.), the application of which data secures a j competitive economic advantage, e.g., by optimization j or improved marketability. l l

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4- AW-80-27 (c) Its-use by a competitor would reduce his expenditure of resources or improve his competitive position in .he design, manufacture, shipment,-installation, assurance of quality, or licensing a similar product.

It reveals cost or price information, production cap-

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(d) 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 potential commercial value to Westinghouse.

1 (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-80-27 (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 informa tion.

(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 J as valuable as the total competitive advantage. If.

competitors acquire components of proprietary infor- l mation, any one component may be the key to the entire j 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-80-27 .

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(iii) 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. i (iv) The ..information sought to be protected is not available in puoiic 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 the attach-

• ment to Westinghouse Letter No. NS-TMA-2257, Anderson to Miller, dated June 16, 1980 concerning the Westinghouse Equip- .l ment Qualification Program to address Regulatory Guides 1.89 l and 1.100. The letter and attacnment are being submitted to complete the information provided in WCAP-8587, Supplement 1, which was requested by the NRC via PBS Standard Question No. 4, "Environmental Qualification of Class IE Equipment."

This infonnation enables Westinghouse to:  ;

(a) Develop test inputs and procedures to satisfactorily verify the design.of Westinghouse supplied equipment.

l (b) Assist its customers to obtain licenses.

Further, the information has substantial commercial value j as follows:

(a) Westinghouse can sell the use of th1s information to l customers.

AW-80-27 (b) Westinghouse uses the information to verify the design of equipment which is sold to customers.

(c) Westinghouse can sell testing . services based upon the experience gained and the test equipment and methods developed.

Public disclosure of this information is likely to cause substantial harm to the competitive position uof Westinghouse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for com-mercial oower reactors without commensurate expenses. Also, public disclosure of the information would enable others having the same or similar equipment to use the information to meet !4RC requirements for licensing documentation without l purchasing the right to use the information. )

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. The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money, i

I This could only be duplicated by a competitor if he were l to invest similar sums of money and provided he had the appropriate talent available and could somehow obtain the requisite experience.

Further the deponent sayeth not.

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