ML20153F713

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Requests Withholding of Amend 3 to Wapwr RESAR-SP/90 Pda Module 3, Radiation Protection (Ref 10CFR2.790)
ML20153F713
Person / Time
Site: 05000601
Issue date: 08/25/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19297G875 List:
References
AW-88-90, NUDOCS 8809070424
Download: ML20153F713 (10)
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e Westinghouse PowerSystems f003pennsp3m,15230 035s Electric Corporation August 25, 1988 AW-88-90 Docket No. STN-50-601 Document Control Desk .

t).S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L. Miller, Director  !

Standardization & Non-Power Reactor Project Directorate  ;

APPLICATION FOR WITHHOLDING PROPRIETARY i INFORMATION FROM PUBLIC DISCLOSURE j l

Subject:

Submittal of Amendment 3 to WAPWR RESAR-SP/90 PDA Module 3, l 4

"Radiation Protection" i

Reference:

Letter No. NS-NRC-88 3368, Johnson to Miller dated August 25, 1988

Dear Mr. Miller:

The application for withholding is sutmitted 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-EPR-2908,

. dated May 16, 1984 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 90 and should be addressed to the undersigned.

t Very truly yours, o r WMS/bek/0151B . esema'nhn er Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC -

8809070424 880025 PDR ADOCK O 1 l

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PROPRIETARY INFORMATION NOTICE 1

l l TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF l

DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESYS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONC *.RNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WillCH 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 BRACKE?S IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS IN01CATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKElS 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 HOLOS IN CONF 10ENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFF10AVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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AS-82-57 i

l AFFIDAVIT l

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CCMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

1 Sefore me, the undersigned authority, persona 11y acpeared John D. McAdco, 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 tnat the avements 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 u c - .w i

. n C. McAcco Assistant Manager Nuclear Safety Cecartment Sworn to and suescribed before me this / day of llpsw]V.Ll1982.

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Y$LLlLY A Notary Public pauttfit tLCettA 4CTAlf PVluC I '4chegr#1 Lit Coac, Aallut47 COUWTT 31 C;UM113lC4 DP130 EARCH 10.13M' usew, P,emmn.a usocietie9 e' **t"'"

AW-82 ~7 (1) I am Assistan: Manager, Nuclear Safety Cesartment, in the Nuclear Technology Divisica, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sougnt to be withheld from puolic dis-closure in connection wi V nuclear power plant licensing or rule-making proceedings, and am authori:ed to acply for its withholdirg 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 Weseingneuse apolication for withnolding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procacures utili:ed by Westinghouse Nuclear Energy _ Systems in designating information as a trade secret, privileged or as confidential commer:ial or financial information.

(4) Pursuant to the provisions of paragra:n (b)(4) of Section 2.730 of the Commission's regulations, the following is furnisned for consideration by the Commission in determining wnether the in-formation sougn: to be withheld from :ublic disclosurs sneuld be withheld.

(1) **e information sought to te witaneld frem public di. t rc 1

is owned and has been held in confidence by Westingneuse.

3- 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 information customarily held in confidence by it and, in that connection, utili:es a systen to determine when and whether to hold ce*tain types of information in confidence.

The application of that system and the substance of that system constitutes Westinghouse pclicy and provides the rational basis required.

Under that system, in/ormation is held in confidence if it falls fn one or more of several types, the release of wnien might result in the loss .of an existing or potential ccm-petitive advantage, as follows:

(.a ) The information reveals the distinguisning as:ects of a process (or c:mponent, stru'eture, teol, method, etc.)

where prevention of its use by any of Westingnouse's ccmcetitors w'f thout license from Westingneuse consti-tutes a ccmcetitive economic advantage over other ccmcanfes.

(b). It onsi;tt if succorting data, including test data, relas!"e tt , process (or ccmconent, structure, ::el, method, etc.), the apolication of wnien cata secures a c:mcetitive ec:ncmic advantage, e.g., by cotimi:stion or imoroved marketability.

- - .a. AW.32 57 J

(p L (c) Its use by a ccm:etitor aould reduce his ex:enditure j of resources or improve his ccmpetitive position 'n the

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design, manufacture, shipr.mnt, installation, assurance of quality, or licensing a similar product.

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,, (d) 't reveals cost or price information, pr: duction cap-acities, budget levels, or c:mmercisi strategies Of Westinghouse, its cusicmers or suppliers.

g, (el It reveals as: acts of pr.st, present, or future West-

.p ingneust ar cust:mer funded development plans and pro-4b grams Sf potential c:mmercial vtlue to Wes-ingneuse.

Cf). It contains patentable ideas, for which pa: ant pro-4 taction may be desirsb.le.

.o (gl It is act the procerty of Westinghouse, but must be s treated as preorietary by Westingbruse ac::rcing ::

, agreements with the cwner.

. There are stund policy reasons tenind tne Westingneuse system wnic5 include the followint-(a) The ura of such information by Westingneuse gives Westinghouse a ccmcetitive advantage over its ccm- l g ' j?. ..

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etitors. It is, therefore. withhcid from disclosure to protect the P2stingneuse c:mpetitive :ositic N jY*

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AW-82-57 (b) It is information which is marketable in many ways. j The extent to which such information is availacle to l competitors diminishes the Westinghouse ability 0; i sell products and services involving the use of the i nformation.

t (c) Use by our competitor would put Westingneuse at a competitive disadvantage by reducing his ex;enditure I

of resources at our expense.

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(d), Each component of proprietary information pertinent -

to a particular c:mpetitive advantage is :etentially as valuable as the total c:mpetitive advantage. If I competitors acquire c:mponents of proprietary infor-  :

mation, any one 00mponent may be the key to the entire [

puz:le, thereby depriving Westinghouse of a c:meetitive  !

advantage. [

i (e) Unrestricted disclosure would jeopardi:e the position l of preminence of Westinghouse in the world market, j and thereby give a market advantage to the c:mpetition l fn those countries. -

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) (fl The Westinghouse espacity tc invest corporate assets ,

i in -esearch and development depends upon the sue:ess '

in cotaining and maintaining a ccmcetitive advantage.  !

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AW-52 ~7 (iii) The information is being transmitted to the Commission in '

c;nfidence 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 witnheld in this suo-  ;

mittal is tha+ which is appropriately marked in the "Westing- '

house A:4vanced Pressuri:ed Water Reactor (WAFWR) Licensing Control Document." This documer.t identifies specific design features and improvements wnich the WACWR will have in order to meet current reguiatory recuirements. In addition, it establishes the WAPWR position with resoect to each require-I i.

ment.

i 1 Puclic disclosure of this information is likely to cause suo-stantial harm to the comcetitive position of Westingneuse as it would reveal the description of the imoroved design features  ;

of the WAPWR; Westinghouse plans for future design, testing and snalysis aimed at design verification; and demonstration of tne design's capability to meet evolving NRC/ACRS safety goals. ,

i All of this information is of ecmcetitive value because of the

! large amount of effort and money expended by Westingneuse over 4

a period of several years in carrying out tnis ; articular J

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AW-52 57 4

! develepment program. Further, it would enable c:m;etitors to use the information for commercial purposes and also to meet

, NRC requirements for licensing documentation, eacn without purchasing the right from Westingnouse to use the information.

Information regarding its development programs is valu:ble to

. Westinghouse because:

Lai Information resulting frem i:A develoceent programs gives Westinghouse a c:mpetitive advantage over its c:mpetitors.

It is, therefore, withheld frem disclosura :: protect the i

Westinghouse ccmcetitive position.

4 (b) It is informatien which is marketable in many ways. The 2 extent to which such information is available to c:mpeti-tors dimf nishes the Westingnouse ability to sell per. ducts and services involving the use of the informaticn.

(,ci Use by our c mpetitor wculd put Westingnouse at a c:m-petitive disadvantage by reducing his ex;enditure f I resources at our expense.

(d) Each c:mponent of proprietary inf.?rmation pertinent to a particular competitor advsntage 1: potentially as valuable as the total ::meetitive advantage. If ccm-

cattters acquire ccmconents of proprietary information.

L1y one c:mconent mcy be the key to the entire Ou::le .

i thereby depriving Westingn:vse of a ::mpetitive acvantage.

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______________________._______________.___.______.______.___________..-__.____-________.______________________________________.______________.____m_ _ . _ _ _ _ _ _ _ _-

AW-82-57 '

(e) The Westinghouse ca:acity to invest corocrate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Seing an innovative concept, this information might not be discovered by the comeetitors of Westingneuse independently.

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To duplicate this infomat on,i competitors would firet have to be similarly inspired and would then have to ex:end an effort similar to that of Westingneuse to develoo the design.

Iur*her the deponent sayeth not.

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