ML20154J517
| ML20154J517 | |
| Person / Time | |
|---|---|
| Site: | Summer  |
| Issue date: | 12/03/1987 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292H836 | List: |
| References | |
| CAW-87-125, NUDOCS 8805270027 | |
| Download: ML20154J517 (9) | |
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Electric Corporation B0 3S Pasour:t FevsyNaNa 15230 0355 December 3, 1987 CAW-87-125 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C.
20555 AFPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FRCN PUBLIC DISCLOSURE
Subject:
Westinghouse Improved her=al Design Procedure Instrument Uncertainty Methodolog for V. C. Straer Nuclear Station
Dear Dr. Murley:
he proprietary material for which uithholding is being requested in the enclosed letter by the Soutn Carolina Electric and Gas Company is further identified in an affidavit signec by the owner of the proprietary infomation, Westinghouse Elect ic Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infomation may be withheld from public disclosure by the Comission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Cocnission's regulations.
Re proprietary material for which withholding is being requested is of tne same technical type as that proprietary material previously subc:itted with Application for Withhold _ng AW-76-060.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by South Carolina Electric and Gas Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-125, and should be addressed to the undersigned.
s Very y yours, h'W t
rt A.
esemann, Manager
/d=r egulatory Legislative Affairs Enclosure (s) cc:
E. C. SLomaker, Esq.
Office of the General Counsel, NRC 8805270027 880520 PDR ADOCK 05000395
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AW-76-60 AFFIDAVIT C0!1:0!iWEALTH OF PElitiSYLVAtlIA:
ss COUNTY OF ALLEGHEllY:
Before me. the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that the hver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief: '
4.L L1444Kd 44A Robert A. Wiesemann, Nii.ager Licensing Programs Sworn to and subscribed before,methis/
day of.$$O.nbl 1976.
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fintary Public,,,
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. AW-76-60 (1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Cdrporation 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 10 CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-compan.ying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating iriformation as a trade secret, privileged or as confidential commercial or financial information.
(4) Pursuant to the provisions of parat)raph (b)(4) of Section 2.790 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 wi thheld.
(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
4
. AW-76-60 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rationai basis for determining the types of informatica cust.omarily held in confidence by it and, in that connection, utflizes a system to determine when and whether to hold certain types of information in confidence. The ap-plication 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 fCile ir, enc er more of several t'ynac. the release of which might result in the loss of an existing or potential com-petitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or cotponent, structure, tool, method, etc.)
where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes 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 of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
. AW-76-60 (c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture shipnent, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, 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 customer funded development plans and pro-grana of potentici ecmercial valua tn Wastinghouse.
(f)
It contains patentable ideas, for which patent pro-tection may be desirable.
(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 behind the Westinghouse system which include the following:
(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-peti tors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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! AW-76-60 (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) 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 information pertinent l
to a particular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary infor-l mation, any one component may be the key to the antire L
puzzle, thereby depriving Westinghouse of a competitive f
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 competition in those countries.
(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
. AW-76-60 (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 is not available in public sources to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the attach-ment to Westinghouse letter number NS-CE-1298, Eicheidinger to Stolz, dated December 1,1976, concerning information relating to NRC revicu of !! CAP o567-P and Wap-W8 ontitled. "Improved Thermal Design Procedure," defining the sensitivity of DNB ratio to various core parameters. The letter and attachment are being submitted in response to the NRC request at the October 29, 1976 NRC/ Westinghouse meeting.
This information enables Westinghouse to:
_(a) Justify the Westinghouse design.
(b) Assist its customers to obtain licenses.
(c) Meet warranties.
(d) Provide greater operational flexibility to customers assuring them of safe and reliable operation.
(e) Justify increased power capability or operating margin for plants while assuring safe and reliable operation.
.. AW-76-60 (f) Optimize reactor design and performance while maintaining a high level of fuel integrity.
Further, the information gained from the improved thermal design procedure is of significant commercial value as follows:
(a) Westinghouse uses the information to perform and justify analyses which are sold to customers.
(b) Westinghouse sells analysis services based upon the experience gained and the methods developed.
Public disclosure of this information concerning design pro-cedures is likely to cause substantial harm to the competitive position of Westinghouse because competitors could ' utilize this information to assess and justify their own designs without commensurate expense.
The parametric analyses perforced and their evaluation represent a considerable amount of highly qualified development effort.
This work was contingent upon a design method development pro-gram which has been underway during the past two years.
Altogether, a substantial amount of money and effort has been expended by Westinghouse which could only be duplicated by a competitor if he were to invest similar sums of money and pro-vided he had the appropriate talent available.
Further the deponent sayeth not.
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O PROPRIETMY INFORMATICN NOTICE TRANSHITTED HDEITH ARE PROPRIITARY AND/OR NON-P DOCUMENIS FURNISHED TO THI NRC IN CONNECTIO PLAh7 SPECITIC REVIEW AND APPROVE.
4-IN ORtB TO C0hTORM TO THE RIDUIRDOTS 710CTR2.790 RIDLUTIONS CONCERNING THE PROTECTION & PROPRI TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PR CONTAING WITHIN BRACKETS AND WHEE THE PROPRIETA DII.E"D IN THE NON-PROPRIITARY VERSIONS WLY THE BRACKETS REM IhTORMATICN THAT WAS CONTAINED WITHIN THE BRA HAVING BEDI DELETD.
THE JUSTIFTCATICN FOR CLAIMING THE INFORMATION DESIDNATE AS PROPRIETARY IS INDICATED IN BOIH VE LEITERS (a) THROUGH (g) C0hTAINED WITHIN PAREhTHESES LOCATE IMMEDIATE.T FOLLWING THE BRACKETS Dic.2ING EACH iT EEhTITED AS PROPRIETARY OR IN 1HE MARCIN OPPOSITE S THDE LWD CASE LETTDS REFT.R TO THE TYPES & INFORMAT HMS IN CONFIDENCE IEEhTITIID IN EECTIONS (4)(ii)(a) through (4)(ii)(
AF72 DAVIT ACCOMPAhTING THIS TRANSMITTE PUR5JAhT 9
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