ML20154Q562
| ML20154Q562 | |
| Person / Time | |
|---|---|
| Site: | Catawba, Sequoyah, 05000000 |
| Issue date: | 09/06/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297H037 | List: |
| References | |
| CAW-88-096, CAW-88-96, NUDOCS 8810030441 | |
| Download: ML20154Q562 (9) | |
Text
.
O
(
Westinghouse Power Systems Nuclear Tecnnelegy SYS"S *S*
Electric Corporation Box 355 Pmstn;rg1 Pennsytvania 15230-0355 September 6, 1988 CAW-88-096 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION,FROM PUBLIC DISCLOSURE l
Subject:
Response to NRC Questions on COBRA-NC/Model 3 (WCAP-10988)
Dear Ir. Hurley:
The proprietary material for which withholding is being requested in the reference letter by the Tennessee Valley Authority is further identified in an affidavit signed
(
by the omer of the proprietary inforr.ation, 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 Ccemission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Cccaission's regulations.
The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-76-045.
Accordingly, this letter authorizes the utilization of the acccupanying affidavit by Tennessee Valley Authority.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-096, and should be addressed to the undersigned.
Very truly yours, tdrt 1es n, & nager
/dmr Regulatory &
slative Affairs Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the General Counsel, NRC
$0030441 000922 p
ADOCK 05000327 PNU i
PROPRIETARY INFORMATION NOTICE DANSMITTEP NDD'ITH ARE PROPRIETARY AND/OR NON-PROPRIETA D00)MEhis FURNISHED TO 1HE NRC IN CONNECTION WITH REQU PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER 10 C0h70RM 701HE REUIRDE.NTS OF 10CFR2.790 W THE REULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INF 70 THE NRC,1HE INFOMTION WHICH IS PROPRIETARY IN THE PROPRIETARY VERS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFOMT DE.ETC IN THE NON-PROPRIETARY VERSIONS ELY THE BRACKETS RDEIN, THE Ih70RMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN TH HAVING BEEN DELETD. THE JUSTIFICATION FOR (I. AIMING THE INFOR DESIDNATID AS PROPRIETARY IS INDICATED IN B07H '"(,JIONS BY MEANS & LOWER LEITERS (a) 1HR000H (g) CohTAINED WITHIN PAREhTHtCS LOCATED AS A SUPERSC IMKr.DIATELY FOLLCWIN3 THE BRACKETS DiCI.QSING EACH ITDi 0F IN EENTIFIED AS PROPRIETARY OR IN THE HARGIN OPPOSITE SUCH Ih70R THESE LuiD CASE LETTERS REFER TD THE TYPES OF INFOPJ4ATION h137IN HO:.33 IN CONFIDENCE EEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AF7IDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSJAhT 7010CFP2.
1 I
~
l l
l
AW-76-45 AFFIDAVIT E0PMONWEALTH OF PENNSYLVANIA:
ss TOUNTY OF ALLEGHENY:
.Before me, the undersigned authority, personally appeared
-4tobert A. Wir emann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf ef Westinghouse Electric Corporation ("Westinghouse") and that the aver-e nts of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
i t <.
Robert A. Wiesemann, Manager Licensing Programs
(
Sworn to and subscribed i
19 6
//
A
/ t Alfdt0 n/. e.:.. t. ! r-Notaryfublic
' "UC
. L., i.. a i...Is.1978
' AW-76-45 s
(1)
I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, 1 have been specifically delegated the function of reviewing the proprietary infonnation 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 confonnance 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-companying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Er.ergy Systems in designating infonnation as a trade secret, privileged or as confidential comercial or financial information.
(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the comission's regulations, the following is furnished for consideration by the Comission in detennining whether the in-formation sought to be withheld from public disclosure should be withheld.
(i) The infonnation sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
F c.
. AW-76-45 (ii) The infonnation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.
Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes 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 falls in one or more of several types, the release of which might result in the loss of an existing or potential com-petitive advantage, as follows:
(a) The infonnation 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 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.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.
L
, AW-76-45 (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 infonnation, production cap-acities, budget levels, or consnercial 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-grams of potential consnercial value to Westinghouse.
(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-i petitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
I
. AW-76-45 (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 infonnation 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, thereby depriving Westinghouse of a competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in thase countries.
l (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
o u
. AW-76-45 J
(iii)
The inforwation 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 submittal is that which is appropriately marked in WCAP-8821, "Tranflo Steam Generator Code Description" (Proprietary),
being transmitted by Westinghouse Letter No. NS-CE-1219, Eiche1dinger to Stolz, dated September 29, 1976. This report is being submitted pursuant to the NRC's Topical Report Program for generic review by the Regulatory Staff and is ex-pected to be referenced in several license applications.
This information enables Westinghouse to:
e (a) Justify the design basis for emergency systems.
(b) Assist its customers to obtain licenses.
(c) Optimize long-term cooling design.
Further, this information has substantial commercial value as follows:
E
+
E' i
. AW-76-45 (a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.
Public disclosure of this information is likely to cause sub-stantial harm to t.'e competitive position of Westinghouse because it would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
The development of this information is the result of many years of Westinghouse effort and the expenditure of a con-siderable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for data analyses and code development.
Fu'rther the dponent sayeth not.
.