ML20154L477

Requests That Proprietary Prairie Island Unit 1 Reactor Vessel Upper Internals Replacement Safety Evaluation Be Withheld (Ref 10CFR2.790).Affidavit Encl

ML20154L477
Person / Time
Site:	Prairie Island
Issue date:	02/25/1986
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19276D293	List: ML20154L460 ML20154L477
References
CAW-86-020, CAW-86-20, NUDOCS 8603110488
Download: ML20154L477 (7)

Text

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NJ West!nghouse Water Reactor > 355 Pittsbisgh Pennstvania 15230 0355 Electric Corporation Divisions February 25, 1986 CAW-86-020 Mr. Harold R. Denton, Director Of fice of Nuclear Reactor Regulation

' U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION.FOR WITHHOLDING PROPRIE1ARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Prairie Island Unit 1 Reactor Vessel Upper Internal Replacement Safety Evaluation

Reference:

Letter, Musolf to Denton, February 1986

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Northern States Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Conunission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.

The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-86-020.

Accordingly, this letter authorizes the utilization of the accompanying af fidavit by Northern States Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-86-020, and should be addressed to the undersigned.

Very truly yours, wL f h,RobrtA.Wieseman nager Enclosure (s) Regulatory & Legislative Affairs

/bek/1203n cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC -

l B603110488 e60304 PDR ADOCK 05000282 l P PM i

e PROPRIETARY INFORMTION NOTICE

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TRANSM"TTD HDEWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS W

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DOCUMEhTS FURNISHED TO THE NRC IN CONNECTION WITH REQUI3TS FOR GRER PLAhT SPECIFIC REVIEW AND APPROVAL.

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IN ORDER TO CONFORM 701HE RQUIRNTS OF 10CFR2.790 W THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION & PROPRIETARY INFORMTION SO TO THE NRC,1HE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY YERSIONS IS CONTAIND WITHIN BRACKETS AND WHEE THE PROPRIETARY INFORMTION HAS BEEN ~

. DELETC IN 1HE NON-PROPRIETARY VERSIONS GC.Y THE BRACKETS RD(AIN, THE -

IhTORFATION THAT WAS CONTAINED WITHIN THE BRACKETS IN 1HE PROPRIETAR HAVING BEEN DII.ETE. THE JUSTIFICATION FDR Q. AIMING THE INFORMATION SO DESIGNATD AS PROPRIETARY IS INDICATE IN BUIH VERSIONS BY MEANS T LOW LDTERS (a) THROUGH (g) C0hTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATILY FDU.0 WING THE BRACKETS DCI.0 SING EACH ITDi 0F INFORMATION B IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH IhTORMATION.

LCMD CASE LD7ERS REFER 70 THE TYPES & INFORMATION WESTINGHOUSE Q HO:.IS IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSUAhT 1D 10CFP2.790(b)(1) l en i

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CAW-83-80 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, deposes 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:

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D. McAdoo, AssiWa'nt Manager Nuclear Safety Department Sworn to and subscribed before me this of J/, M b _1983. d day

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-2 . CA"-R3-80 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy 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 disclosure in connection with nuclear power plant ifcensing 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 provisionr of 10CFR Section 2.790 of the Commission's regulations and in conjunetton with the

- Westinghouse application for withholding accompanying this Wf fdavit.

(3) I he,ve personal knowledge of the criteria and procedures utf11 zed by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged.or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be with-held from public disclosure should be withheld.

(f) The information sought to be withheld from pubife disclosure is owned and has been held in confidence by Westinghouse.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the pub 11c. Westing-house has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utf11zes a system to determine when and whether to hole certain types of information in confidence. The appifcation of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

5055Q:1D/092683

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~ CAW-83-80 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:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without ifcense 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 advan-tage, e.g., by optimization or improved marketability.

(c) Its use by a ccmpetitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or ifcensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or e customer funded development plans and programs of potential i commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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CAW-83-80 l

(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 information by' Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is informicson 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 to a parti-cular competitive advantage is potentfally as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-83-80 (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and main-taining a competitive advantage.

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

(iv) The information sought to be protected is not avaffable in public sources 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 in " Technical Bases for Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

The subject information could only be dupifcated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.

Further the deponent sayeth not.

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