ML20198F356
| ML20198F356 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 09/27/1985 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19344C176 | List: |
| References | |
| CAW-85-061, CAW-85-61, NUDOCS 8511140334 | |
| Download: ML20198F356 (7) | |
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\\d Westinghouse WaterReactor Nudear Tecaucg Cmsicn Electric Corporation Divisions
, 333 Pitiscurp Pemsylvania 15230-0355 September 27, 1985 CAW-85-061 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20055 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Reference:
Northern States Power Company letter to NRC dated October 1984
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 af fidavit 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 Commission 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 requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-83-80.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Northern States Fower Company.
Correspondence with respect to the proprietary aspects of the appplication for withholding or the Westinghouse affidavit should reference this letter, CAW-85-061, and should be addressed to the undersigned.
Very truly yours, s
5 8511140334 85 202 PDR ADOCK O PDR P
Robert A. Wiesemann, Manager Regulatory & Legislative Affairs
/anj Enclosure cc: E. C. Shomaker, Esq.
Of fice of the Executive Legal Director, NRC L
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PROPRIETARY INFOPATICN NOTICE l
TRANSMITTC HDEWITH ARE PROPRIETARY AE/OR NCN-PROPRIETARY YERSION i
DOCJMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUETS F PLANT SPECIF7C REVIEW AND APPROVAL.
t-i IN OEER to Coh70RM 70 THE REQUIREh'TS OF 10CTR2.790 & THE COFFSSION'S REULATICNS CONCERNING THE PROTECTION & PROPRIETARY INFOMATICN TO THE NRC, THE INF0FATION WHICH IS PROPRIETARY IN THE PROPRIETARY YERSIONS IS CONTAIND WIDiIN BRACKETS AND WHERE THE PROPRIETARY INFOMATION HAS DE.ETD IN WE NON-PROPRIETARY VDSIONS GC.Y THE BRACKETS RFAIN, THE INFORMATICN THAT WAS CONTAIND WITHIN THE BRACKCS IN THE PROPR HAVING BEEN DE.IID. THE JUSTIFICATION FOR CI. AIMING DIE INFORMATION 30 DESIGNATD AS PROPRIETARY IS IEICATE IN BOTH VERSICNS BY MEANS LET!EP.S (a) THROUGH (g) CCNTAIND WITHIN PAREND!EES LOCATED AS A SUPERSCRIPT DHEDIATE.Y FOU. WING THE BRACKETS INCI.QSING ACH ITEM OF INFCFATION IDEhTIFIED AS PRCPRIETARY OR IN THE MARDIN OPfCSITE SUCH INFORFATION THESE LWD CASE Lt.at.RS REFER 70 THE TYPES OF INFORFATICN WETIN0 HOUSE CU HC:.DS IN CCNFIDENCE IDEhTIrm IN SECTIONS (4)(ii)(a) through (4)(ii)(g) CF THE AFFIDAVIT ACCCMPANTING DiIS RANSMITTAL PURSJAhT 7010CFR2.790(b)(1).
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CAW-83-80
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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, Assikant Manager Nuclear Safety Department i
Sworn to and subscribed before,me this 2t, 4 day cf3 L C. A 1983.
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. CAW-83-80 (1)
I am As'sistant 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
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information sought to be withheld from public disciosure 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 provisions of 10CFR Section 2.790 of the Comission's regulations and in conjunction with the Westinghouse appifcation for withholding accompanying 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 paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be with-held from pubite disclosure should be withheid.
(i)
The information sought to be withheld from public 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 public. -Westing-house has a rational basis for determining the types of informatien customarily held in confidence by it and, in that connection 7 utilizes a system to determine when and whether to hole certain types of information in confidence. The application of that system and the
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substance of that system constitutes Westinghouse policy and provides the rational basis required.
3-CAW 80 i
Under that system, information is held in confidence if it fails in one or mor.e of several types, the release of which might r,esuit 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 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 appifcation of which data secures a competitive economic advan-tage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similar product.
1 (d) It reveals cost or price information, production capacities, j
budget levels, or comercial strategies of Westinghouse, its customers or suppliers.
i (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential comercial value to Westinghouse.
(f) It contains patentable ideas, for which patent protection may be desirable.
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. CAW-83-80 s
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(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 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 5
expense.
(d) Each component of proprietary,information pertinent to a parti-cular. competitive advantage is potentially as val'uable 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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,.- CAN-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 avafiable in public sources to the best of our knowledge and belief.
(v)
The proprietary informatfor. 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 1
S. A. Swamy and J. J. McInerney.
The subject information could only,be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.
Pubife disclosure of this information is likely to cause substantial
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harm to the competitive position of Westinghouse because it would
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simplify design and evaluation tasks without requiring a commensurate investment of time and effort.
Further the deponent sayeth not.
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