ML20151T861

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Requests That Proprietary Amend 4 to Westinghouse Advanced PWR RESAR-SP/90 Pda Module 13, Auxiliary Sys Be Withheld from Public Disclosure (10CFR2.790)
ML20151T861
Person / Time
Site: 05000601
Issue date: 08/05/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Chris Miller
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19292J256 List:
References
AW-88-079, AW-88-79, NUDOCS 8808180315
Download: ML20151T861 (10)
v • d • e


Text

O Westinghouse Power Systems pin'ss'en pennsyivania 15230-0355 Electric Corporation August 5, 1988 AW-88-079 Docket No. STN-50-601 pocument Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L. Miller, Acting Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC OISCLOSURE

Subject:

Submittal of Amendment 4 to !!APWR RESAR-SP/90 PDA Module 13, "Auxiliary Systems"

Reference:

Letter No. NS-NRC-88-3364, Johnson to Miller dated August 5,1988

Dear Mr. Miller:

The appilcation 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-86-3175 dated October 29, 1986 and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-88-079 and should be addressed to the undersigned.

Very truly yours, L G24U WMS/bek/01598 Robert A. Wiesemann, Manager Enclosure (s) Regulatory & Legislative Affairs _

cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 8808180315 GS0805 PDR ADOCK 05000601 A PDC ,

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC 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 S0 SUBMITTED TO THE NRC 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 PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY F0LLOWING THE BRACKETS ENCLOSING EACH 11EM 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LCWER CASE LETTERS REFER TO THE TYPES OF INFORMAlION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PUF.SUANT TO 10CFR2.790(b)(1).

f AW-82-57 t

AFFIDAVIT l

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, decoses and says that he is iuthorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the avermients

( of fact set forth in this Affidavit are true and correct to the bes'..of l

his knowledge, information, and belief:

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defin D. McAcco, Assistant ManageIr Nuclear Safety Department 1

I Sworn to and subscribed l

before me this / day of?.)JVsrwlVLl1962.

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AW-82 ~7 (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 witV 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 10CFR Section 2.790 of the Comission'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 by Westinghouse Nuclear Energy _ Systems in designating information as a trade secret, privileged or as confidential comercial or financial infor. nation.

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

l {,1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westingneuse.

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AW-82-57 l l

(ii) The infonnation 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 infonnation customarily held in confidence by it and, in that connection, utilizes a system to detennine 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, infonnation 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 fellows:

(.a) The information reveals the distinguishing aspects of t process (or component, structure, tool, method, etc.)

where prevention of its use by any of Westingnouse's competitors w'ithout license from Westinghouse cdnsti-tutes a competitive economic advantage over other cempanies.

(b). It consists of supporting data, including test data, relative to a process (.or ccmponent, structure, tool, method, etc.), the application of which data secures a

- ccmpetitive econcmic advantage, e.g., by optimization or improved marketability.

I

  1. l 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 infomation, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

l (e). It reveals aspects of past, present, or future West-l inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f). It contains patentable ideas, for which petent pro-taction may b2 desirab.le.

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! (.9 ). It is not the property of Westinghouse, but must be ,

treated as proprietary by Westingnouse according to l

agreements with the owner.

l There are sound pelicy reasons behind the Westinghouse system I 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-82-57 (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 information.

(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 l

l competitors acquire components of proprietary infor-instion, any one component may be the key to the entire l

puzzle, thereby depriving Westinghouse of a competitive

! advantage.

(e) Unrestricted disclosure would jeopardize the position of preminence of' Westinghouse in the world market, l

end thereby give a market advantage to the competition in those countries.

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l (fl The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a c:mpetitive advantage.

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s AW-82-57 (iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

Civ) The information sought to be protected is not available in public sources or available infomation has not been pre-viously employed in the same original manner or method to the.best of our knowledge and belief.

(v). The proprietary information 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 features and imprevements which the WAPWR will have in order to meet current reguTatory requirements. In addition, it l

establishes the WAPWR position with respect to each require-I ment.

Public disclosure of this information is likely to cause sub-l stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features f

of the WAPWR; Westinghouse plans for future design, testing and an'alysis aimed at design verification; and demonstration of the ,

dasign's capability to meet evolving NRC/ACRS safety goals.

All df this infomation is of competitive value because of the large amount of effert and r:eney expended by Westinghouse over a pericd of several years in carrying out this particular 1

t AW-82-57 development program. Further, it would enable competitors to use the information for comercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

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 # rom disclosure to protect the Westinghouse competitive position.

l (b) It is infomation which is marketable in many ways. The extent to which such information is available to competi-l tors diminishes the Westinghouse ability to sell products l

and services involving the use of the information.

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(.c) Use by our competitor would put Westingneuse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.

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(d) Each component of proprietary infomation pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-l petitors acquire components of proprietary infomation, 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 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this infor1 nation might not be discovered by the competitors of Westinghouse independently.

To duplicate this infomation, 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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