ML20154R948

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Requests That Proprietary Amend 1 to RESAR-SP/90 Pda Module 11, Radiation Protection Be Withheld from Public Disclosure Per 10CFR2.790(b)(1).Affidavit AW-82-57 Encl
ML20154R948
Person / Time
Site: 05000601
Issue date: 03/14/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19277J343 List:
References
AW-86-023, AW-86-23, NUDOCS 8603310253
Download: ML20154R948 (10)
v • d • e


Text

O Nuclear Techncicgy Division Westinghouse Water Reactor Electric Corporation Divisions Box 355 Pittsburgh Pennsylvania 15239 March 14,1986 AW-86-023 Docket No. STN-50-601 Mr. Harold R. Denton, Director Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission s Washington, D.C. 20555

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APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Amendment 1 to WAPWR RESAR-SP/90 PDA Module ll, " Radiation Protection"

Reference:

Letter No. NS-NRC-86-3110, Rahe to Denton dated March 14, 1986

Dear Mr. Denton:

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-2675 dated November 1,1982, 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 af fidavit should reference AW-86-023 and should be addressed to the undersigned.

Very truly yours,

[ ., , ,

L K AU L Ltt o t~A. Wiesemann, Manager Regulatory & Legislative Affairs

/bek/1206n Enclosure (s) -

cc: E. C. Shomaker, Esq.

-Office of the Executive Legal Director, NRC

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PDR

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PROPRIETARY INFORMATION NOTICE TRANSMITTEDrHEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS Fl!RNISHED TO EE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM TD THE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S RILULATIONS CONCERNING THE PROTECTION OF PROPRIETARY Ih70RMATION SO SUBMITIED TO THE NRC,1HE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE WE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS CELY THE BRACKETS REMAIN, THE INFORMATION 1 HAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DEI.ETED. THE JUSTIFICATION FOR (2. AIMING 1HE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LEITERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLCSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LEITERS REFER 1D THE TYPES OF IhTORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENT.TFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVlT ACCOMPAhTING THIS HANSMITTAL PURSUANT 1010CFR2.790(b)(1).

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AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

l 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:

~wMCu-l n D. McAcco, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day of b 4 m /v4/1982.

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$.LLlLbk. /Y Notary Public nutint stcasxA. M TAar PusuC 20Nf90lLLE CCEO. AtilGNEMY COUWTT af COUMiss!CR EIF12C MARCH 10. 1986' womeet. Pesmytvang Associatiofi ef Mats' a*

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 Commission's regulations and in con-junction with the Westinghouse application for withholcing ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy _ Systems in designating information as a trade secret, privileged or as confidential commercial or financisi 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 wnether the in-formation sought to be withheld from public disclosure should be g withheld. .

(1) The information sought to be withheld frem public disclosure is owned and has been held in confidence by Westinghouse.

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AW-82-57 (ii) The information is of a type customarily held in confidenc.e 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, utilizes 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 com-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 ccmpetitors without license frcm Westingnouse consti-tutes a competitive economic advantage over other companies.

i (b }. It consists of supporting data, including test data, relative to a process (or comconent, structure, tool,

! method, etc.), the application of which data secures a ccmpetitive econcmic advantage, e.g., by optimization or improved marketability.

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t AW-82-57 (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 information, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers 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.

Cf). It contains patentable ideas, for which patent pro-taction may be desirab.le.

(gl 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 benind the Westinghouse system which include the following:

(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 comoetitors 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 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 those countries.

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

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

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 g 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 " 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 to meet current reguTatory requirements. In addition, it establishes the WApWR position with respect to each require-ment.

Public disclosure of this infornation is likely to cause suc-stantial harm to the competitive position of Westinghouse as i 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 i 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 expended by Westingneuse over a period of several years in carrying out tnis particular

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AW-82-57 development program. Further, it would enable competitors to use the information for commercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the information.

Infonnation regarding its development programs is valuable to

. Westinghouse because:

(a) Information 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.

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

Q:) Use by our competitor would put Westinghouse at a ccm-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each ccmponent of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If ccm-petitors acquire components of proprietary information, any one component may be the key to the entire puz:le thereby depriving Westinghouse of a competitive adv3ntage.

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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 expend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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