ML20154H494

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Requests Withholding of Proprietary Version of Amend 1 to Wapwr RESAR-SP/90 Pda Module 4, RCS, Per 10CFR2.790
ML20154H494
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
ML19292H822 List:
References
AW-88-045, AW-88-45, NUDOCS 8805250369
Download: ML20154H494 (10)
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Text

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Electric Corporation Divisions sexass Pittsburgh Pemsylvan!315230 t

May 13, 1988 AW-88-045 Docket No. STN-50-601 Document Control Desk U.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 Amendment 1 to WAPWR RESAR-SP/90 PDA Module 4, "Reactor Coolant System"

Reference:

letter No. NS-NRC-88-3337, 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 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-2937 dated June 11, 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-88-045 and should be addressed to the undersigned.

Very truly yours, L L Nh D'l W WMS/bek/0078B Robert A. Wiesemann, Manager  !

Enclosure (s) Regulatory & Legislative Affairs .

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

Office of the General Counsel, NRC i

8805250369 880513 PDR ADOCK 05000601 (

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PROPRIETARY INFORMATION NOTICE j l

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

IN ORDER TO CONFORM TO THE REQUIREMENTS OF IOCFR 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 SL':H 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 iHIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(I).

AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally acpeared John D. McAdoo, who, being by me duly sworn according to law, decoses and says that he is authorized to execute this Affidavit on Oehalf 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:

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n D. McAcco, Assistant Manacer Nuclear Safety Cepartmen.

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Sworn to and subscribed I before me this / day of b .w m /V.L/1982.

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Notary Public PautITTI SLCH3KA M;fAaf PUBUC

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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 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 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 Comission'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 l as a trade secret, privileged or as confidential comercial or l

financial information.

(4) Pursuant to the provisions of paregrapn (b)(4) of Section 2.790 l of the Comission's regulations, the following is furnished for I consideration by the Cemission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

{.i ) The infomation sought to be withheld frem public disclosure i ts owned and has been held in confidence oy Wescingnouse.

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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 system to determine 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 ccm-petitive advantage, as follows:

(.a ) The information reveals the distinguishing aspects of a process (or component, stru'cture, tool, method, etc.)

where prevention of its use by any of Westingnouse's cemcetitors w'ithout license frem Westingnouse cdnsti-tutes a competitive economic advantage over other companies.

('b ). It consists of supporting data, including test data, relative to a process (or ccmconent, structure, tool, method, etc.), the application of wnich data secures a competitive econcmic advantage, e.g. , by optimi:ation or improved marketability.

s AW-82-57 l (c) Its use by a competitor would reduce his expenditure l

of resources ur improve his competitive position in the l design, manufacture, shipment, installation, assurance l of quality, or licensing a similar product. l (d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its custcmers or suppliers.

(el 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-tection may be desirsb.le.

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

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There are sound policy reasons behind the Westinghouse system 1 which include the following:

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

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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 Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d). Each ccmponent 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 component may be the key to the entire puzzle .5ereby depriving Westinghouse of a comoetitive (e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, I and thereby give a market advantage to the competition in those countries.

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(.f). The Westinghouse capacity to invest corporate assets in research and developmene depends upon the success l in obtaining and maintaining a competitive advantage.

AW-82-57 (iii) The infomation is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Cemission.

l 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 withheld in this sub-mittal is that which is appropriately marked in the "Westing-house Advanced Pressurized Water Reactor (WAPWR) Licensing ,

Control Document." This document identifies specific design features and improvements which the WAPWR will have in order I to meet current reguTatory requirements. In addition, it establishes the WAPWR position with resoect to each require-ment.

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

All of this information is of competitive value because of the large amount of effort and money excended by Westingnouse over a period of several years in carrying out this particular  ;

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AW-52-57 development program. Further, it would enable competitors 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.

Information regarding its development programs is valuable to

. Westinghouse because:

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

It is, therefore, withheld from disclosure to protect the ,

Westinghouse competitive position.

1 (b) It is infonnation which is marketable in many ways. The I extent to which such information is available to competi- l tors diminishes the Westinghouse ability to sell products and services involving the use of the infor.ation.

(,,c ) Use by our competitor would put Westinghouse at a com-petitive disadvantage tv reducing his expenditure of )

resources at our expense, l (d) Each component of proprietary infomation pertinent to a particular competitor advantage is potentially as )

valuable as the total competitive advantage. If com-patttors acquire components of proprietary information, any one component may be the key to the entire puz:le j thereby depriving Westinghouse of a competitive advantage.

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AW-82-57 (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 Westinghouse independently.

To duplicate this information, competitors would first have to be similarly inspired and would then have to exoend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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