ML20151N428

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Requests That Proprietary Amend 2 to Westinghouse Advanced PWR RESAR-SP/90 Pda Module 11, Radiation Protection & Amend 2 to RESAR-SP/90 Pda Module 12, Waste Mgt, Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20151N428
Person / Time
Site: 05000601
Issue date: 07/27/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Rubenstien L
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19292J204 List:
References
AW-88-075, AW-88-75, NUDOCS 8808080213
Download: ML20151N428 (10)
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O Westinghouse Power Systems piny:[Jgn penn3yi,ania 15230-0355 Electric Corporation July 27, 1988 AW-88-075 Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Lester Rubenstein, Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment 2 to MAPWR RESAR-SP/90 PDA Module ll, "Radiation Protection", and Amendment 2 to HAPWR RESAR-SP/90 PDA Module 12, "Waste Management"

Reference:

Letter No. NS-NRC-88-3360, Johnson to Rubenstein dated July 27, 1988

Dear Mr. Ruben:

tein:

The 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. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letters NS-NRC-85-3047 dated July 12, 1985 and NS-NRC-85-3065 dated September 20, 1985, and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject information which is l

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proprietary to Westinghouse be withheld from public disclosure in accordanco with 10CFR Section 2.790 of the Commission's regulations.

_ Correspondence with respect to this application for withholding or the g accompanying affidavit should reference AW-88-075 and should be addressed to the undersigned.

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me Very truly yours, N

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WMS/bek/01518 Enclosure (s)

}% kw ob rt A. Wiesemann, Manager Regulatory & Legislative Af* airs on:p

$$g cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NP",IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE hRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE FROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS IND'CATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO IOCFR2.790(b)(1).

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s AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF AL!.EGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, decosas ,

and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the averment of fact set forth in this Affidavit are true and correct to the best.of his knowledge, infonnation, and belief:

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en D. McAcco, Assistant Manager Nuclear Safety Department l

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Sworn to and subscribed before me this / _ day of hsrv/MLl1982.

f $.LL{lbk. Y Notary Public PauuTit sensu netAar Pusue 20hf90flut 0030, Au!Di(NT CoutfTT 31 COMut13104 DF12G MAtcP 10, 1983' Wemtwt, PsamWene Assonstie9 ef M*"

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e AW-82-57 (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 dis-closure in connection with' nuclear. power plant licensing er 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 profisions of 10CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-comeanying 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 confiential comercial or financial information.

(4) Pursuant to the provisions of parsgraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(i) The infonnation sought to be withheld from public disclosure is owned and has been held in confidence by West nghouse.

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AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is for determining the types of infomation 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, infomation 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 octential com-petitive advantage, as follows:

(.a ) The information reveals the distinguishing aspects of a piecess (or component, stru'eture, tool, method, etc.)

where prevention of its use by any of Westingnouse's competitors w'ithout license from Westinghouse cdnsti- 1 1

tutes a competitive economic advantage over other '

companies.

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

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I s AW-82-57 (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 cap-acities, budget levels, or commercial strategies of Westinghouse, its custcmers or suppliers.

(el 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-taction may be desirab.le.

(gl 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 tne following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over itz com-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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AW-82-57  !

(b) It is infonnation which is marketable in many ways.

The extent to which such infonnation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the  !

infonnation.

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(c) Usa 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 infor-  ;

1 nation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage. 1

(.e ) Unrestricted disclosure would jeopardize the position l l

of prominence of Westinghouse in the world marke.,

and thereby give a markc advantage to the competition in those countriet. I (fl The Westingrause capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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1 AW-82-57 (iii) The infonnation 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 Comission.

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(.iv) The information sought to be protected is not available in i I

public sources or available information has not been pre- )

viously employed in the same original manner er method to I the.best of our knowledge and belief.

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{v). The proprietary infomation sought to be withheld in this sub-mittal is that which is. appropriately marked in the "Westing-house Advanced Pressurized Water Reactor (WAPWR) Licensing Control Document." This document identifies specific design l features and improvements which the WAPWR will have in order j to meet current reguTatory requirements. In addition, it establishes the WApWR position with respect to each require- l mant, j l

Public disclosure of this infomation is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All of this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular

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AW-82-57 development program. Further, it would enable competitors to use the information for conmercial purposes and also to meet NRC requirements for licensing documentation, each without ,

purchasing the right from Westinghouse to use the information.  !

Information regarding 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 competitive position. l l

l (b) It is information which is marketable in nany ways. The  !

extent to which such information is available to competi- I tors 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 com-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire compenents of proprietary information, any one component may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.

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AW-82-57 I i

(e) The Westinghouse capacity to invest corporate asset: in research and development depends upon the success in obtaining and meintaining a competitive advantage.

Being an innovative concept, this information might not be dis: overed by the competitors of Westinghouse independently.

To duplicate this information, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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