ML20151Y006
| ML20151Y006 | |
| Person / Time | |
|---|---|
| Site: | 05000601 |
| Issue date: | 04/20/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Rubenstein L NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19302D540 | List: |
| References | |
| AW-88-038, AW-88-38, NUDOCS 8805040308 | |
| Download: ML20151Y006 (10) | |
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Westinghouse Power Systams
$,Gepennsynna mr nss Electric Corporation April 20, 1988 AW-88-038 Docket No. SIN-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 HAPWR RESAR-SP/90 PDA Module 13 "Auxiliary Systems"
Reference:
Letter No. NS-NRC-88-3325, Johnson to Rubenstein dated April 20, 1988
Dear Mr. Rubenstein:
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 letter NS-NRC-8t-3175 i
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-88-038 and should be addressed to the undersigned.
Very truly yours, l}
MRwIwet e)
WMS/bek/0058B RobertA.Wiesemann,Nanager Enclosure (s)
Regulatory & Legislative Affairs cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8G0504030s 880420 DR ADOCK 0500 1
PROPRIET/EY 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 ^PPROVAL.
IN ORDER 10 CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO 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
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HAVING BEEN DELETED.
THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LEiTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF 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 10CFR2.790(b)(I).
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AW-82-57 AFFIDAVIT COMMONWEALTH-OF PENNSYLVANIA:
i ss COUNTY OF ALLEGHENY:
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Before me, the undersigned authority, personally appeared John O. McAdco, who, being by me duly sworn according to law, decosas and says that he is authori:ed to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the aver nents of fact set forth in this Affidavit are true and correct to the best.of his knowledge, information, and belief:
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-w %6s-n D. McAcco, Ass 1stant Manage'r Nuclear Safety Departmen Sworn to and subscribed before me this
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day of h w ruS/.t/ 1982.
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. 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 sougnt to be withheld from public dis-closure in connection with' nuclear. power plant licensing or rule-making proceedings, and am authori:ed 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 Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying thir 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 commercial or financial information.
(4) pursuant to the provisions of paragra;h (b)(4) of Section 2.790 of the Ccmmission's regulations, the following is furnished for consideration by the Commission in determining wnether the in-formation sought to be withheld from ;ublic disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westingneuse, l
)
. AW-82-57 (ii)
The information is of a type customarily held in c:nfidence by Westinghouse and not cust:marily disclosed to the public.
Westinghouse has a rational bas'is for determining the types of information customarily held in confidence by it and, in that connection, utili:es a system to determine when and whether to hold certain tyces of information in confidence.
The application of that system and the sues ance of :nat system constitutes Westinghcuse policy anc provides the
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rational basis required.
Under that system, information is held in cunfidence if it falls in one or more of several types, the release of wnien might result in the loss.of an existing or potential c:m-petitive advantage, as follows:
(.a ) The information reveals the distinguisning as:ects of a process (or c:mponent, stru'cture, tool, method, etc.)
where prevention of its use by any of Westingneuse's c:mpetitors w'ithout license from Wes-ingnouse cdnsti-tutes a c:m:etitive ec:ncmic advantage over otner c:mpanies.
(b). It ::nsists of sue:orting data, including test data, relative to a process (or c:::enent, structure, tool, method, et:.), tne a:olication of wnien data secures a ccmcetitive ec:ncaic advantage, e.g., by cotimi:ation or imoroved markktability.
' AW-82-57 (c)
Its use by a competitor would reduce his expenditure of resources or improve his ccmpetitive position in the l
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design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price infor nation, production cap-acities, budget levels, or comercial 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 comercial value to Westinghouse.
l (f). It contains patentable ideas, for which patent cro-taction may be desirab.le.
(gl It is not the procerty of Westinghouse, but must be I
treated as proprietary by Westinghouse according to agraements with the owner.
l There are sound policy reasons tenind the Westingneuse system which include the following:
l (a)
Th e, use of such information by Westinghouse gives Westinghouse a ecmcetitive advantage over its ccm-
- etitors.
It is, therefore, withheld fecm disclosure to protect the Westingneuse ccmcetitive Oosition.
' AW-a2-57 (b)
It is information which is marketable in many ways.
The extent to which such infor nation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the
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information.
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(c)
Usa by our competitor would put Westingneuse at a competitive disadvantage by reducing his expenditure of resources at our expense.
1 (d). Each component of proprietary information pertinent to a particular competitive advantage is ;otentially t
I as valuable as the total competitive advantage.
If ccmpetitors acquire components of proprietary infor-mation, any one component may be the key to the entire puz:le, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardi:e the position of prominence of Westingnouse 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 sue:ess in obtaining and maintaining a c:moetithe advantage.
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. AW-82-57 (iii)
The information is being transmitted to the Ccmmission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
Civ)
The information sought to be protected is not available in public sources or available information has not been pre-viously employed in the same original manner or method to the.best of our knowledge and belief.
{vl The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the "Westing-house Advanced Pressuri:ed Water Reactor (WAFWR) Licensing Control Document."
This document identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory requirements.
In addition, it establishes the WAPWR position with respect to each require-ment.
Public disclosure of this information is likely to cause suo-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features l
of the ',APWR; Westinghouse plans for future design, testing and f
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 comoetitive value because of the L
large amount of effort and money expended by Westinea. use over a period of several years in carrying out tnis particular P
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,. AW-82-57 development program.
Further, it would enable competitors to use the information for commercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westingnouse to use the information, j
1 Information regarding its development programs is valuable to
)
. Westinghouse because:
(a)
Information resulting frem its development programs gives Westinghouse a c:mpetitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse ccmcetitive position (b)
It is information which is marketable in many ways.
The extent to which such information is available to competi-tors di.minishes the Westingnouse ability to sell products and services involving the use of the information.
l (c)
Use by our competitor would put Westingnouse at a c:m-petitive disadvantage by reducing his ex;enditure of resources at our expense.
(d)
Each component of proprietary information pertinent to a perticular ccmcetitor advantage is potentially as valuable as the total c:meetitive advantage.
If ccm-petitors acquire ccm:enents of procrietary information, any one ccmconent may be the key to the entire pu::le thereby depriving Westingneuse of a c:mpetiti <e advantage.
. 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 information might not be discovered by the comcetitors of Westinghouse independently.
To duplicate this infor.ation, competitors would first have to be similarly inspired and would then have to ex:end an effort similar to that of Westinghouse to develoo the design.
Further the deponent sayeth not.
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