ML20199L163
| ML20199L163 | |
| Person / Time | |
|---|---|
| Site: | 05000601 |
| Issue date: | 06/09/1986 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292F556 | List: |
| References | |
| AW-86-049, AW-86-49, NUDOCS 8607090324 | |
| Download: ML20199L163 (10) | |
Text
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$34p,nn,,n,,g3g333 Electric Corporation June 9, 1986 AW-86-049 Docket No. STN-50-601
'Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Amendment 1 to WAPWR RESAR-SP/90 PDA Module 1, " Primary Side Safeguards System"
Reference:
Letter No. NS-NRC-86-3138, Rahe to Denton dated June 9, 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 affidavit should reference AW-86-049 and should be addressed to the undersigned.
I Ver truly yours, I
Robert A. Wiesemann, Manager Regulatory & Legislative Affairs WMS/bek//1255n Enclosure (s) cc:
E. C. Shomaker, Esq.
Office of the Executive Legal Director, NRC 8607090324 860609 PDR ADOCK 05000601 K
PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE 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-PROPRIETARY 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 SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING 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 THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared
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John O. 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.cf his knowledge, information, and belief:
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n D. McAcco, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this
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$2.LlLY Notary Public W1LETil $LCR$KA, NCTARY PU8UC
'Joht9tVILLE C430. ALLIGHEMY COUNTT NT CCUMl13104 07120 MARCH 10.1986' uomter. PesmWesaw Association of Nat.
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' 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
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10CFR Section 2.790 of the Commission'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 Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragrapn (b)(4) of Section 2.790 of the Commission'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 from 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 con,fidence 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:
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(.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 Westinghouse's competitors without license from Westingnouse cdnsti-tutes a competitive economic advantage over other companies.
(~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 competitive econcmic advantage, e.g., by optimi:stion or improved marketability.
b
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AW-82-57 (c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive positioq in the design, manufacture, shipment, installation, ass.urance 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 custcmers or suppliers.
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(e). It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.
(f). It contains patentable ideas, for which patent pro-taction may be desirab.le.
(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-petitors.
It is, therefore, withheld frem disclosure to protect the Westinghouse competitive position.
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. AW-82-57 i
(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)
Usa by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
Gd). 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.
(fl The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
If
)
. AW-82-57 (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 available in public sources or available 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) Licensing Control Document."
This occument identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory requirements.
Inaddition,it establishes the WAPWR position with respect to each require-ment.
Public disclosure of this information is likely to cause sub-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 analysis aimed at design verification; and demonstration of the 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 Westinghouse over a period of several years in carrying out tnis particular
. 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.
Information 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.
(.c)
Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Each component of proprietary information pertinent to a particuiar competitor advantage is potentially as valuable as the total competitive advantage.
If com-petitors acquire components of proprietary information, any one component may be the key to the entire puz:le thereby depriving Westinghouse of a competitive advantage.
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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 advantagh.
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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