ML20203M614
| ML20203M614 | |
| Person / Time | |
|---|---|
| Site: | 05200003 |
| Issue date: | 02/27/1998 |
| From: | Mcintyre B WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Quay T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19317C951 | List: |
| References | |
| AW-98-1214, NUDOCS 9803090150 | |
| Download: ML20203M614 (8) | |
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Westlughouse Energy Systems Bm 355 Electric Corporation Pinsbutgh Pennsytvania 15230-0355 AW-98-1214 February 27,1998 Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555 ATTENTION:
MR. T. R. QUAY APPLICATION FOR WITill10LDING PROPRIETARY INFORMATION Fl?OM PUBLIC DISCLOSURE
SUBJECT:
AP600 REPORT ON llYDRODYNAMIC LOADS IN THE 1RWST
Dear Mr. Quay:
The application for withholding is submitted by Westinghouse Electric Company, a division of CBS 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 ia confidence.
The proprietary material for which withholding is being requested is identified in the proprietary version of the subject report. In conformance with 10CFR Section 2.790, Affidavit AW-98-lE.
uccompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.
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-98-1214 and should be addressed to the undersigned.
Very truly yours,
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A lirian A. McIntyre,.lanager Advance Plant Safety and Licensing jml cc:
Kevin Bohrer NRC OWFN - MS 12E20 9903090150 980227 PDR ADOCK 05200003 E-PDR;
AW-98-1214 AFFIDAVIT COMMONWEALTil OF PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Brian A. McIntyre, 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 Company, a division of CBS Corporation (" Westinghouse"), and that the avennents of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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Brian A. McIntyre, Manager Advance Plant Safety and Licensing Sworn to and subscribed before me this c27 day of
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Notary Public Notanal Seal Lorraine M. P@ica Notary Pub!a-MonroevHie Boro. Alle9 y CourIty My Commission Expires 14,1999 J Mcmter,Pennsytvarua Assocanon of Notaries sam wr
AW 98-1214 0
(1)
I am Manager, Advs.nce Plant Safety and Lice,.s g, in the New Plants Projects Division, of the Westinghouse Electric Company, a division of CBS Corporatior." Westinghouse"), and as such, I have been speci0cally delegated the function of reviewing the oroprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2)
I am making this Af0davi;.n conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this AfGdavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westingh suse Energy Systems Business Unit in designating information as a trade secret, privileged or as con 6dential commercial or f'mancial 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 determinir-whether the information sought to be withheld from public disclosure should be w% held.
(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 con 6dence 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 s stem to determine when and whether to hold certain types of information in conndence. The application of that system and the substance of that system constitut:s Westinghouse policy and provides the rational basis required.
Under that system, information is held in con 6dence if it falls in on. or mere of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
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AW-98-1214 (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 WestinF ouse constitutes a h
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 application of which data secures a competitive e nomic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the desig,n, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(c)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It contains patentable ider,s, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include the following:
p (a)
The use of such 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.
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AW.98-1214 (c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d)
Each componcn: of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total,:ompetitive advantage. If competitors acquire components of proprietary information, 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 prominenes of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
The informatic, 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 previously employed in the same originai manner or method to the best of our knowledge and belief.
(v)
Enclosed is Letter DCP/NRCl274 (NSD-NRC-98-5590), February 27,1998, being transmitted by Westinghouse Electric Company (%), a division of CBS Corporation
(" Westinghouse"), letter and Application for Withholding Proprietary Information from Public Disclosure, Brian A. McIntyre (W), to Mr. T. R. Quay, Office of NRR. The proprietary information as submitted for use by Westinghouse Electric Company is in response to questions concerning the AP600 plant and the associated design certification application and is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of licensing advanced nuclear power plant designs.
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AW-98-1214 This information is part of that which will enable Westinghouse to:
(a)
Demonstrate the design and safety of the AP600 Passive Safety Systems.
(b)
Establish applicable verification testing methods.
(c)
Design Advanced Nuclear Power Plants that meet NRC requirements.
(d)
Establish technical and licensing approaches for the AP600 that will ultimately result in a certified design.
(c)
Assist customers in obtaining NRC approval for future plants.
Further this information has substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.
(b)
Westinghouse can sell support and defense of the technology to its customers in the licensing process.
Peblic disclosure cf this proprietary information is likely to cause substantial harm to the compe'itise position of Westinghouse because it would enhance the ability of competito s to provide similar advanced nuclear power designs and licensing defense services for commercial rawer reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.
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AW-98-1214 e
The development of the technology described in part by the information is the result of applying the results of many years of experience ia an intensive Westinghouse effort and the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this information, similar techrical programs would have to be performed and a significant manpower effort, M
having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
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. to Westinghouse Letter DCP/NRCl274 February 27,1998 9
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