ML20149F160
| ML20149F160 | |
| Person / Time | |
|---|---|
| Site: | Zion File:ZionSolutions icon.png |
| Issue date: | 12/09/1987 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20042D028 | List: |
| References | |
| CAW-87-126, NUDOCS 8801140171 | |
| Download: ML20149F160 (7) | |
Text
_ _ _ _ _ _ _ _ _ _
f.
p)
(V
,w W85tingh0use Power Systems e bwe Electric Corporation SYS'* *
- Box 355 Pittscurgh PermsAarna i5230 0355 Dec. 9, 1987 CAW-87-126 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Zion Units 1 and 2 Steam Generator Sleeving Report (WCAP-11669)
Dear Ir. Murley:
The proprietary material for which withholding is being requested in the enclosed letter by Comonwealth Edison 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 frm 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.
'Ihe proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted as Affidavit AW-77-058.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Corr.nonwealth Edison.
Correspondence with respect to the proprietary aspects of the application fc>r withholding or the Westinghouse affidavit should reference this letter, CAW-87-126, and should be addressed to the undersigned.
Very truly yours, x -
Th W
$712245000g 99011{0 p
Robe t A. Wiesemann, Manager PDR
.f egulatory & Legislative Affairs Enclosure (s)
_l i
cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC o
)
PROPRIETARY Ih70PyATION NOTICE 7WIMITTD HEEW'ITH ARE PROPRIETARY AND/OR NON-PROPRIE D00JMEhTS FURNISHED 70 THE NRC IN CONNECTION WITH PLAh7 SPT.CIFIC REVIEW AND APPROVAL.
L.-
IN ORCD 70 CohTORM 70 THE RQUIREMEhTS OF 10CFP2.790 0F REULATIONS CONCERNING 1HE PROTECTION OF PROPRIETA 70 thE NRC, THE IATOPyATION WHICH IS PROPRIITARY IN THE PROPRIETAR CONTAIND WITHIN BRADITS AD WHEE THE PROPRIETARY IhTOR EE.ETD IN THE NON-PROPRIETARY YERSIONS DC Y THE BRADITS REMIN, THE IhTOPyATICN THAT WAS CONTAINED WITHIN 1EE BRA 02TS IN THE PROPRIE HAVIN3 BEDi DD.LTD.
THE JUSTIFICATION FOR CI. AIMING THE Ih70RMTION SO DESI3NATED AS PROPRIETARY IS ICICATE IN BOIH VERSION LETTERS (a) THROUGH (g) C0hiAINID WITHIN PAREhTHISES LOCATED AS A IMKEDIATE.Y FOLLOWIN3 7EE BRA 02TS DiCI.0 SIN 3 EACH ITD IDENTIFIID AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUOI THESE LCMG CASE LETTERS PDT.R 70 THE 7YPES OF IhTOFFATION H0ZS IN CONFIDENCE IEEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F AITIDAVIT ACCOMPAhTING THIS 17JO? SKI 1TAL PUR5JAh7 701 l
l
~
l i
i
-~
=
AW-77-58 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 the avennents of fact set forth.in this Affidavit are true and correct to the best of his knowledge, infomation, and belief:
AWid l
l Robert A. Wiesemann, Manager Licensing Programs
?*
Sworn to and subscribed befo e me this day of d *3977.
Y'
(
fld.
ANM(.k
/
Notary Public
. 2 n. t -
- n - tesu:
6 ti t 6..... e
. :... l *.14 3
j-J.....f
~
I am Manager, Licensing Programs, in the Pressurized Water Reac. tor (1)
Systems Division, of Westinghouse Electric Corporation and as su'ch, I have been specifically delegated the function of reviewing the proprietary infonnation 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.
I am making this affidavit in confomance with the provisions of (2) 10 CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding accompanying this Affidsvit.
I have personal knowledge of the criteria and procedures utilized (3) by Westinghouse Nuclear Energy Systems in designating infomation as a trade secret, privileged or as confidential commercial or financial infomation.
Pursuant to the provisions of paragraph (b)(4) of Section 2.790 (4) of the Comission's regulations, the following is furnished for consideration by the Comission in detemining whether the infomation so,ught to be withheld from public disclosure should
~
be withheld.
The information sought to be withheld from public. disclosure (i) is owned and has been held in confidence by Westinghouse.
l (ii) The informasion is of a type customarily held in confidence l
l by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types I
of infomation customarily held in confidence by it and, in that connection, utilizes a system to determine when and l
l l
3 c
whether to hold certain types of information in confidene..
e The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, infortation 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 consti-tutes 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 1mproved rarketability.
(c)
Its use by a competitor would reduce his expenditure of retources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
f.d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
a e.
l..
(e) It reveals aspects of past, present, or future Westing-house or customer funded development plans and programs of potential comercial value to Westinghouse.
(f) It contains patentable ideas, for which patent pro-tection may be desirable.
(9) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.
(iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Comission.
(iv) The infomation 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 in the attachment to Westinghouse letter nunt>er NS-CE-1596. Eiche1dinger to Stuart, dated November 8.
1977, coreerning Westinghouse Steam Generator Programs.
The letter and atte.hment are being submitted in response to the request of the Commission and its October 25,1977 memorandum.
Stuart to Eisenhut concerning Westinghouse Steam Generator Programs.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the strategic plans of Westinghouse regarding the nature.6nd direction of its development programs.
u
T l
j
. Information regardin'g its development programs is valuable to Westinghouse because:
(a) Information resulting from its development programs gives Westinghouse a competitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse conpetitive position.
(b)
It is information which is marketable in many ways. The extent to which such infomation is available to compet-itors 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 com-petitive disadvantage by reducing his expenditure of resources at our expense.
(d) Each conponent of proprietary infomation 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
~
l depriving Westinghouse of a competitive advantage, f
(e) The Westinghouse capacity to invest corporate, assets in research and development depends upon the success in l
obtaining and maintaining a competitive advantage.
Altogether, a substantial amount of money and effort has been and is being expended by Westinghouse in its development programs which could only be duplicated by a conpetitor if he were to invest similar sums of money and provided he had the appropriate talent available.
Further the deponent sayeth not.
L j