ML20154A138

Affidavit of Westinghouse Requesting That Proprietary Info Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20154A138
Person / Time
Site:	Callaway
Issue date:	07/13/1976
From:	Wisemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Shared Package
ML19297G891	List: ML20154A112 ML20154A129 ML20154A138 ML20154A147 ML20154A160
References
AW-76-31, NUDOCS 8809120083
Download: ML20154A138 (10)

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• 1. AW 31 AFFIDAVIT CONONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authori'.y personally appeared .

R'abert A. Wiesemann, who, being by ma, duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf I of Vestinghouse Electric Corporatior. ("Westinghouse") and that the aver-l ments of fact set forth in this Affidavit are true and correct to the 1

best of his knowledge, informatior., and belief:

b 'd4ZldttitL j Robert A. Wiesemann, Manager .'

Licensing Programs Sworn to and subscribed befo m this "I day of 1976.

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• AW-75-31 (1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary infcrmation sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withhoiding on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission'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 an confidential commercial or financial information. .

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.799 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be withheld. -

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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(ii) The information is of r type customarily held in confidence . l by Westinghouse and not custocarily disclosed to the public.

Westinghouse has a rational basis for determining toe types of information customtri7,y held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certaia types of in. form 6 tion in confidence.

The application of that system and the substance of that system constitutes Westir.ghouse policy and provides the rational basis required.

i Under that system, information is held in confidence if it falls in one or more af several types, the release of which

might result in the loss of an existing or potential com ,

petitive advar.tage, as follows:

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(a) The information reveals the distinguishing aspects of j ,

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 cf which data secures a competitive economic advantage, e.g. , by optimization or improved marketability.

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(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 licansing a similar product.

(d) It reveals cost or price information, production cap-acities, budget levels, or commercial strategies of ,

Westinghouse, its customers or suppliers.

(e) 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 desirable. ' -' . ,

,- (g) It is not the property of Westinghouse, but must %e -

treated as proprietary by Westinghouse according to .

agreements with the owner.

. There are sound policy reasons behind the Westinghouse system which include the following:

(a) The use of such information by Westinghousa gives Westir.ghouse a corrpetitive advantage over its cC-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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(b) It is infonnation 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 ,

, infonnation.

(c) Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary infonnation pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If ,

competitors acquire components of propriel:ary infor-mation, any one component may be the key to the entir,e puzzle, thereby depriving Westinghouse of a competitive

. advantage. .

(e) Unrestricted disclosure would joopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries. ,

(f) The Westinghouse capacity to int tt corporate assets in research and deve'iopment depends upon the success in obtaining and malataining a competitive advantage.

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}l (iii) The information is being transmitted to the Commission in ,

confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

1 (iv) The infonnation 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 that which is appropriately marked in the attach-ment to Westinghour.: letter No. NS-CE-1142, Eiche1dinger to Eisenhut dated July 27, 1976 concerning reproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27, 1976 on the subject of Westinghouse Reload Safety Evaluation Methodology.

's This infonnation enables Westinghouse to:

(a) Jus',ify the deisign for the reload core , ,

(b) Assist its customers to obtain licenses (c) Meet contractual requirements (d) Provide greater flexibility to customers assuring them ,

of safe and reliable operation.

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. AW-76-31 l Further, this information has substantial connercial value as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.

(c) Westinghouse uses the information to sell nuclear fuel and related services to its customers.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghousa'jn selling nuclear fuel and related services.

Westinghouse retains a marketing advantage by virtue of the knowledge, experience and competence it has gained through long involvement and considerable investment in all aspects t of the nuclear power generation industry. In particular Westinghouse has developed a unique understanding of the factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for which it was provided.

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In all cases that purpose is to generate energy in a saf'e and I efficient manner while enabling the operating nuclear gener-ating station to meet all regulatory requirer.ents affected by the core loading of nuclear fuel. Confidence in being able to accomplish this comes from the exercise of judgement based on experience.

Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be performed and in the methods and models used to perfonn these analyses.

A substantial part of this competitive advantage will be lost if the competitors of Westinghouse are able to use the results of the Westinghouse experience to connalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the saGetor similar conclusions. Its use by a competitor would reduce

, his expenditure of resources or improve his ccmpetitive -

position in the design and licensing of s similar product. l This infonnation is a product of Westinghouse design technology. "

As such, it is broadly 6plicable to ths sale and licensing of ,

fuel in pressurized wat9r reactors. The development of this infonnatico is the result of many years of We;,tinghouse effort and the expenditura cf a considerable sum of money. In order for competi^ ors of Westinghouse to duplicate this process e

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would require the investment of substantially the same amount of effort and expertise that Westinghouse po:sesses and which was acquired over a period of more than fiftcen years and by l the investment of millions of dollars,. i Further the deponent sayeth not.

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Attachment -3 ULHRC-1822 PROCESS CONTROL BLOCK DIAGRAMS, FUNCTIONAL DIAGRAMS,AND ,

INTERCONNECTING WIRING DIAGRAMS (FOR TYPICAL CCANNEL)

STEAM GENERATOR LEVEL REACTOR TRIP MODIFI,CliTION LIST _OF ENCLOSED DRAWINGS

l. Process Control Block Diagramst 8756D37, Sheets  ;

i 7,8,9,10,14,17,19,20, 22,43

2. Functional Diagrams: 7250D64, Sheets 1,2,7,15,19

3. Interconnecting Wiring Diagrams For Protection Set 2:

8309D52, Sheets 3,4a,7,11,14,15,30,31,49,50 E

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