ML20154A257
| ML20154A257 | |
| Person / Time | |
|---|---|
| Site: | 07109276 |
| Issue date: | 09/25/1998 |
| From: | Quinn R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | NRC |
| Shared Package | |
| ML20138L152 | List: |
| References | |
| WES-98-048, WES-98-48, NUDOCS 9810020250 | |
| Download: ML20154A257 (5) | |
Text
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(d)
N Westinghouse Spent Nucleaf Fuel Programs suite 203 Electfic Company 2242 Carnden Avenue San Jose Cahfornia 95124 In reply, refer to:
WES-98-048 September 25,1998 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555
Subject:
APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Reference:
Westinghouse "Wesflex~ W74 Canister Transportation Safety Analysis Report," Document WSNF-103 The application for withholding is submitted by Westinghouse Electric Company, a subsidiary of CBS 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 proprietary material for which withholding is being requested is identified in the proprietary version of the reference reports. In conformance with 10 CFR Section 2.790, Affidavit WES-98-047 accompanies this application for withholding, setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10 CFR Section 2.790 of i
the Commission's regulations.
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1 Correspondence with respect to this application for withholding or the accompanying affidavit should reference WES-98-048 and should be addressed to the undersigned.
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Very truly yours, l
Roben D. Quinn l
Manager, Regulatory Comphance Enclosure l
cc: Mr. William F. Kane / NRC 9810020250 980925 t
AFFIDAVIT PURSUANT TO 10 CFR 2.790 State of California
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)
SS.
County of Santa Clara
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I, Robert D. Quinn, depose and say as follows:
(1)
I am Manager of Regulatory Compliance, Spent Nuclear Fuel Programs, Westinghouse Electric Company, a subsidiary of CBS Corporation, and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been duly authorized to apply for its withholding.
(2)
The information sought to be withheld is contained in the document entitled "Wesflex* W74 Canister Transportation Safety Analysis Report," Document WSNF-103. This document has been appropriately designated as proprietary.
(3)
I have personal knowledge of the criteria and procedures used by Westinghouse in designating infonnation as trade secret, privileged, or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of 10 CFR 2.790, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from pt.blic disclosure, including the information as designated in paragraph (2) above, should be withheld.
(i)
The information sought to be withheld from public disclosure is included in the licensing drawings and calculations of a canister-based spent fuel storage and transportation system, which is owned and has been held in confidence by Westinghouse.
(ii)
The infermation of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information 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 Affidavit WES98-047 Page 1 of 4 September 25,1998
substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information 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 competitive advantage, as follows:
The infonnation reveals the distinguishing aspects of a process or a.
component, structure, tool, method, etc., and the prevention of its use by Westinghouse's competitors, without license from Westinghouse, gives Westinghouse a competitive economic advantage.
b.
The information conoists of supporting data (including test data) relative to a process or component, structure, tool, method, etc. and gives Westinghouse a competitive economic advantage, e.g., by optimization or improved marketability.
The information, if used by a competitor, would reduce the competitor's c.
expenditure of resources or improve the competitor's advantage in the design, manufacture, shipment, installation, assurance of quality, or licensing cf a similar product.
. d.
The information reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers, The information reveals aspects of past, present, or future Westinghouse or e.
customer funded development plans and programs of potential commercial value to Westinghouse.
f.
The information contains patentable ideas, for which patent protection may be desirable.
Affidavit WES-98-047 Page 2 of 4 September 25,1998
(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.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously 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 submittal is that which is appropriately marked, and being transmitted by Westinghouse Electric Company with Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information has been J
presented to the Nuclear Regulatory Commission and is being voluntarily provided by Westinghouse.
(vi)
Public disclosure of the information is likely to cause substantial harm to the competitive position of Westinghouse because:
(i)
A similar product is manufactured and sold by competitors of Westinghouse.
(ii)
The development of this information by Westinghouse is the result of a significant expenditure of staff effort and a considerable sum of money.
To the best of my knowledge and belief, a competitor would have to i
undergo similar effort and expense in generating equivalent information.
J (iii)
In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of a design of a canister-based spent fuel storage and transportation system.
(iv)
The information consists of detailed description of the design, analysis and fabrication of a transportable spent fuel storage system, the application of which provides a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with Westinghouse, take marketing or other actions to improve their product's position or impair the position of i
Affidavit WES-98-047 Page 3 of 4 September 25,1998
J Westinghouse's product, and avoid developing fabrication data in support of their processes, methods, and/or apparatus.
(v)
In pricing Westinghouse's products and services, significant research, development, engineering, analytical, licensing, fabrication, quality assurance and other costs must be included. The ability of Westinghouse's competitors to utilize such information without similar expenditure of resources may enable them to sell their product at prices reflecting significantly lower costs.
Further the deponent sayeth not.
Robert D. Quinn Manager of Regulatory Compliance Spent Nuclear Fuel Programs Westinghouse Electric Company Subscribed and sworn before me this 2_ Tday of 30DOnh> f,1998.
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O Shawna Darling g C
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NOTARY PUBUO CALIFORNlAn
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SANTA CLAAA COUNTY U Jm h-UUU~"8d"3 Affidavit WES-98-047 Page 4 of 4 September 25,1998
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A CONTROLLED COPYNO. 4 NON-PROPRIETARY WSNF-103, REVISION 1 September 1998 N
j The following are chance paces for Non-Proprietary: WSNF-103 "Wesflex W74 Canister Transportation System Safety Analysis Report" revision 1, issuedSeptember 1998 ii e ii-d All of Chapter 2 iii => xiv All of Chapter 3 1.3-3,1.3-4 5.3-1, 5.2-1 1.3-9 => 1.3-12 5.3-9, 5.3-10 y
e
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