ML20154F051

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Requests That Amends 1a & 3 to Proprietary Wapwr RESAR-SP/90 Pda Module 1, Primary Side Safeguards Sys Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20154F051
Person / Time
Site: 05000601
Issue date: 05/13/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Office of Nuclear Reactor Regulation
Shared Package
ML19292H810 List:
References
AW-88-043, AW-88-43, NUDOCS 8805230077
Download: ML20154F051 (10)
v • d • e


Text

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(W Westinghouse Water Reactor Nm MmW D6 Electric Corporation Olvisions eco3s PatcurghPennspvania15230 May 15, 1988 AW-88 043 Docket No. STN-50 601 Document Control Desk

'J.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 Amendments la and 3 to WAPWR RESAR-SP/90 PDA Module 1, "Primary Side Safeguards System"

Reference:

Letter No. NS-NRC-88-3335, Johnson to Rubenstein dated May 13, 1988

Dear Mr. Rubenstein:

The application for withholdir g 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-86-3138 dated June 9,1986, 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-88-043 and should be addressed to

the undersigned.

Ver truly yours, I l .

l WMS/bek/0076B MLOlVCicawWY Robert A. Wiesemann, Manager 4

Enclosure (s) Regulatory & Legislative Affairs _

cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC l

8805230077 880513 PR ADOCK0500g1

_ . _ _ _ _ - _ _ _ _ _ _ . _ . _ _ _ - . _ _ ._ _ _ _ ....-.. _ _ _ _,_ _ ~

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS 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 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 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).

f AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared 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 ("Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best.of his knowledge, information, and belief: ,

w w C n- - ,

n D. McAcco, Assistant Manager Nuclear Safety Ceoartment Sworn to and subscribed

., before me this /__ day  ;

l of h e m /v.t/ 1982.

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AW-82 ~7 (1) I am Assistant Manager, Nuclear Safety Capartment, in the Nuclear Technology Division, of Westingnouse 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 withnolding '

on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 10CFR See fon 2.790 of the Commission's regulations and in con-junction with the Westinghouse apolication for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized t by Westinghouse Nuclear Energy _ Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.

i (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- i formation sought to be withheld fr:m public disclosure should be {

withheld. ,

(,1 ) The information sought to be withneld from public disclosure is owned and has been held in confidence by Westingneuse. [

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

Vestinghouse 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 deter nine when and whether to hold certain types of information in confidence.

The application of that system and the 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 cem-petitive advantage, as follows:

(.a) The information reveals the distinguisning as;ects of a process (or c:mponent, stru'cture, t:ol, method, etc.)

where prevention of its use by any of Westingneuse's e ,mpetitors w'ithout license from Westingneuse cdnsti-tutes a ecmpetitive econcmic advantage over other comoanies.

(b! It consists of succorting data, including test data, relative to a process (or ccmconent, structure, teol, method, etc.), the application of wnien cata secures a c mpetitive econcmic advantage, e.g., by optimi:ation or imoroved marketability.

AW.82-57 L (c) Its use by a competitor would reduce his expenditure of r,esources or improve his ecmpetitive position in the ,

design, manufacture, shipment, installation, assurance of quality, or ifcensing a similar product.

(d) It reveals cost or price information, production cap-acities, budget levels, or cent.ercial strategies of Westinghouse, its custcmers or suppliers.

(el It reveals aspects of past, present, or future West-inghouse or custerar funded development plans and pro-grams of potential commercial value to Westingneuse.

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

i (gl It is r.ot the property of Westinghou e, but must be l treated as proprietary by Westinghouse ac:ording to

agreements with the owner.

There are sound policy reasons behind the Westingnouse system wnich include the following:

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(a) The use of such information by Westingnouse gives '

Westinghouse a ecmcetitive advantage over its com- .

petitors. It is, tnerefore, withheld frein cisclosure to protect the Westingneuse comoetitive oosition.

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e (b) It is information which is marketable in many ways.

The extent to which such information is available to i competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.  ;

(c) Usa by our :cmpetitor would put Westingneuse at a competitive disadvantage by reducing his expenditure of resources at our expense.

Gd). Each component of proprietary information pertinent ,

to a particular competitive advantage is potentially i as valuable as the total comoctitive advantage. If '

. competitars acquire c mponents of proprietary infor-I mation, any one component may be the key to the entire puz:le, thereby depriving Westinghouse of a comoetitive i advantage. '

(e) Unrestricted disclosure would jeccardi:e the rosition i of preminence of Westinghouse in the world market, and thereby give a market advantage to the c:mpetition in those countries.

I q (fl The Westinghouse capacity to invest corporate assets  !

in resear:h and development depends upon the success in obtaining and maintaining a c:meetitive advantage.

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(iii) The infomation is being transmitted to the Ccmission in confidence and, under the provisions of 10CFR Section 2.7g0, j it is to be received in confidence by the Cemission.

Civ) The information sought to be protected is not available in public sources or available information has not been pre-viously empicyed in the same original manner or method to the.best of our knowledge and belief, t

(vl The proprietary information sought to be withheld in this sub-mittal is that which is appropriahly marked in the "Westing-house Advanced Presr>tri:ed Water Reactor (WAPWR) Licensing Ccntrol 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.

Pubite disclosure of this information is likely to cause suo-stantial harm to the comcetitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the de. sign's capability to meet evolving NRC/ACRS safety goals.

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

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AW-E2-57 development program. Further, it would enable ecmpetitors to l use the infomation for commercial purposes and also to meet j NRC requirements for licensing documentation, each without purchasing the right from Westingnouse to use the information.

i Information regarding its development programs is valuable to  ;

. Westinghouse because:

(.a) Information resulting frem its development progr=ms gives ,

Westinghouse a competitive advantage over its c:mpetitors.

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 information is available to c mpeti-tors diminishes the Westingneuse ability to sell preducts and services involving the use of the informatien.

(.c) Use by cur competitor would put Westingneuse at a c:m- 1 petitive disadvantage by reducing his ex;enditure of resources at our expense.

(d) Each c:mponent of procrietary information pertin nt to  ;

a particular competitor advantage is potentially as [

valuable as the total c:meetitive advantage. If ccm-  !

petitors acquire cem;onents Of precrietary information, any one c:mconent may be the key to tne entire pu::le l thereby depriving Westingnouse of a ccmcetitive acvantage. i i

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t (e) The Westinghouse capacity to invest corporate assets in j research and development depends upon the success in  !

obtaining and maintaining a competitive advantage.

Seing an innovative concept, this information might not be i discovered by the competitors of Westinghouse independently. l To duplicate this information, competitors would first have  ;

to be similarly inspired and would then have to excend an effort similar to that of Westingneuse to develoo the design. l Further the deponent sayeth not, i k

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