ML20154E947

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Requests That Proprietary Amend 3 to RESAR-SP/90 Pda Module 13, Auxiliary Sys, Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20154E947
Person / Time
Site: 05000601
Issue date: 05/13/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Rubenstein L
Office of Nuclear Reactor Regulation
Shared Package
ML19292H808 List:
References
AW-88-047, AW-88-47, NUDOCS 8805230036
Download: ML20154E947 (10)
v • d • e


Text

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Westinghouse Water Reactor "S* NU NS$a Electric Corporation Divisions sa333  ;

Pittsbugh Pemsylvania15230 i

May 13, 1988 <

AW-88-047 Docket No. STN-50-601 Document Control Desk '

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 ,

Attention: Lester Rubenstein, Director 't Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE <

Subject:

Submittal of Amendment 3 to WAPWR RESAR-SP/90 PDA Module 13, "Auxiliary Systems"

Reference:

Letter No. NS-NRC-88-3340, Johnson to Rubenstein dated May 13, 1988

Dear Mr. Rubenstein:

The application for withholding is submitted by Westinghouse Electric  !

Corporation ("Westinghouse") pursuant to the provisions of paragraph (b)(1) of i Section 2.790 of the Concission's regulations. It contains commercial l strategic information proprietary to Westinghouse and customarily held in  ;

confidence. l The affidavit previously provided to justify withholding proprietary I information in this matter was submitted as AW-82-57 with letter 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-88-047 and should be addressed to  !

the undersigned. ,

Very- ruly yours, ,

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%6Y b)lik'dHi Robert A. Wiesemann, Manager WMS/bek/00818 - (

Enclosure (s) Regulatory & Legislative Affairs l- [

t cc: E. C. Shomaker, Esq. l l

Office of the General Counsel, NRC l

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I C005230036 880513 3 PDR ADOCK 05000601 *

! A DCD i

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF l DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

I IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INF0 M TION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN 3 RACKETS 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 FOLLOWING THE BRACKETS ENCLOSING EACH ITEM 0F 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 COMMCllWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally apceared John D. McAdoo, who, being by me duly sworn according to law, decoses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westingnouse") and that the averments of fact set forth in this Affidavit are true and correct to the best.cf his knowledge, infor .ation, and belief:

w rn --

n D. McAcco, Assistan: Manager Nuclear Safety Cecartment Sworn to and subscribed before me this / day o f h e m / U. t/1982.

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- 2- 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 ecnnection with' 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 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 5ystems in designating information as a trade secret, privileged or as confidential commercial or i financial information.

t (4) Pursuant to the provisions of paragrapn (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining wnether the in-formation sought to be withheld from public disclosure should be t

withheld.

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

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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 infomation customarily held in confidence by it and, in that connection, utilizes a system to deter-nine when and whether to hold certain types of information in confidence.

The apra11 cation of that system and the sostance of that system constitutes Westinghouse poli:y and provides the rational basis required.

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

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

where prevention of its use by any of Westingneuse's c:mpetitors w'ithout license from Westingneuse cdnsti-tutes a competitive economic advantage over other companies.

('b ). It consists of supporting data, including test data, relative to a process (or ecmconent, structure, teol, method, etc.), the application of wnien cata secures a competitive econcmic advantage, e.g., by optimi:ation

, or improved marketability.

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1 J- AW-82-57 .

l (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.

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

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

(g), It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons benind the Westingneuse system which include the following:

(a) The use of such infomation by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure to protect the Westingneuse competitive position.

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 Westingnouse 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 competitors acquire components of proprietary infor-mation, any one compsnent may be the key to the entire puz:le, thereby depriving Westingneuse of a competitive advantage.

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

(fl The Westinghouse capacity to invest corporate assets in research and development depends upon the suc:ess in obtaining and maintaining a competitive advantage.

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AW-82-57 i l

(iii) The infonnation is being transmitted to the Cemission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(.iv) The information sought to be protected is not available in pubite 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 (' APWR) i Licensing i Control Document." This document identifies specific design features and improvements which the 'fAPWR will have in order l to meet current reguTatory requirements. In addition, it establishes the WAPWR position with respect to each require-l 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 of the WAPWR; Westinghouse plans for future design, testing and l analysis aimed at design verification; and demonstration of the design's capability to mer.t evolving NRC/ACRS safety goals.

All of this infor nation is of competitive value because of the large amount of effort and money expended by Westingneuse over a period of several years in carrying out this particular wv

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

Infomation regarding its development programs is valuable to

. Westinghouse because:

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(.a) Infomation resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld frem disclosure to protect the Westinghouse competitive position.

(b) It is information which is marketable in many ways. The extent to which such infomation is available to competi-tors diminishes the Westingneuse ability to sell pr: ducts and services involving the use of the infomatien.

(ci Use by our competitor would put Westingnouse at a c:m-petitive disadvantage by reducing his expenditure of resources at our expense.

l (d) Each component of proprietary informtion pertinent to a particalar competitor advantage is potentially as valuable as the total competitive advantage. If cem-petitors acquire ecmponents of proprietary infomation, any one ecmponent may be the key to the entire pu::le thereby depriving Westinghouse of a c mpetitive advantage.

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AW-82-57 l l (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 competitors of Westinghcuse independently.

To duplicata this information, 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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