ML20195C787

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Requests Withholding of Amend 2 to Westinghouse Advanced PWR RESAR-SP/90 Pda Module 4, RCS from Public Disclosure (Ref 10CFR2.790)
ML20195C787
Person / Time
Site: 05000601
Issue date: 10/26/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
Office of Nuclear Reactor Regulation
Shared Package
ML19297H195 List:
References
AW-88-118, NUDOCS 8811030393
Download: ML20195C787 (10)
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J Westinghouse Power Systems pin'sylgn Penn:rvan415230-osss Electric Corporation October 26, 1988 AW-88-ll8

. Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L. Miller, Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING FRJ)fRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment 2 to HAPWR RESAR-SP/90 PDA Module 4, "Reactor Coclant System"

Reference:

Letter No. NS-NRC-88-3379, Johnson to Miller dated October- 26, 1988

Dear Mr. Miller:

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 July 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-ll8 and should be addressed to the undersigned.

Ver truly yours, LL llM{libitG WMS/bek/02198 Robert A. Wiesemann, Manager Enclosure (s) Regulatory & Legislative Affairs _

cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC G311030393 G81026 PDR ADOCK 05000601 A PDC

o PROPRIETARY INFORMATION NOTICE TRANSdITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF

' DOCUMENTS FURHISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC PFVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING 1HE 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-PR0PRIETARY 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 PARENTHESEE LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION SEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH 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 TllE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT T0 10CFR2.790(b)(1).

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AFFIDAVIT COMMONWEALTH OF PINNSYLVANIA:  :

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by a duly sworn according to law, decosas and says that he is iuthorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westingnouse") 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. facAcco, Assistant Manager

Nuclear Safety Capartment 4

Sworn to and subscribed before me this / day of hem /W/1982.

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AW-82 ~7 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Tecnnology 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 authori:ed 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 apolication for withholding ac-ccmpanying 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 comercial or financial information.

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

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

i 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, 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 ecm-petitive advantage, as follows:

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

where prevention of its use by any of Westingneuse's competitors w'ithout license from Westinghouse cdnsti-tutes a competitive economi: advantage over other companies.

(b). It consists of supporting data, including test data, relative to a process (or comconent, structure, teol, method, etc.), the application of which data secures a ecmpetitive econcmic advantage, e.g. , by optimi:stion or improved marketability.

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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 infomation, 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 comercial 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 behind the Westingneuse system which include the following:

(a) The use of such infomation by Westinghouse gives Westinghouse a competitive advantage over its ccm-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.

I (c) Usa by our competitor would put Westingnouse 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 ecmpetitive advantage. If competitors acquire components of proprietary infor-mation, any one component may be the key to the entire pu :le, thereby depriving Westinghouse of a comeetitive advantage.

(e) Unrestricted disclosure would jeopardi:e the position of preminence of Westinghouse in the world market, and thereby give a market advantage to the c:meetition in those countries.

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

d AW-82 ~7 (iii) The infonnation is being transmitted to the Cemission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The information sought to be protected is not available in pubife sources or availabis information has not been pre-viously employed in the same original manner or method 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 "Westing-house Advanced Pressurized Water Reactor (WAPWR) 1.icensing Control Document." This documert identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory requirements. In acidition, it esthblishes the ' fAPWR position with respect to each require-ment.

Public disclosure of this infonnation is likely to cause suo- ,

stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and l analysis aimed at design verification; and demonstration of the l l design's capability to meet evolving NRC/ACRS safety goals.

All of this infonnation is of ecmpetitive value because of the large amount of effort and money expended by Westingneuse over .

a period of several years in carrying out this particular i

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

Information regarding its development programs is valuable to

. Westinghouse because:

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

It is, therefore, withheld frem disclosure to protect the Westinghouse competitive position.

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

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

(d) Each ecmponent of groprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, l

. any one component may be tre key to the entire puz:le thereby depriving Westinghouse of a competitive advantage.

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A 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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