ML20204D371

Forwards Affidavit for W/Holding Info Under 10CFR Part 2.790 (B)Re CAW-77-48 & CAW-78-19

ML20204D371
Person / Time
Site:	Sundesert
Issue date:	12/01/1978
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Parr O Office of Nuclear Reactor Regulation
References
NS-RAW-055, NS-RAW-55, NUDOCS 7812200249
Download: ML20204D371 (9)

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Westinghouse Electric Corporation Power Systems Pwasystemsmsm Box 355 Pittstxjrgn Pemsylvania15230 December- 1,1978  ;

1 NS-RAW-055 Ref: CAW-77-48 and CAW-78-19 Mr. Olan D. Parr, Chief Light Water Reactor Branch No. 3 Division of Project Management Office of Nuclear Reactor P.egulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue -

Bethesda, Maryland 20014

SUBJECT:

Supplemental Information: Application for Withholding CAW-77-48 and CAW-78 Sundesert Nuclear Plant, Units 1 and 2

Dear Mr. Parr:

The attached affidavit provides the information necessary to make a -

proprietary determination under 10CFR Part 2.790(b) as requested in your letter of November 3, 1978 and discussed in a telephone conver-sation between L. E. Abel of Westinghouse and E. Shoemaker of NRC on November 30, 1978. Correspondence with respect to this affidavit o.r the application for withholding should reference CAW-77-48 and CAW-78-19 and be addressed to me.

Very truly yours, ,

l!M P Robert A. Wiesemann, Manager Regulatory and Legislative Affairs

/bek Attachment 781220029j . -

CAW-77-48 and CAW-78-19 AFFIDAVIT 1

COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

I Before me, the undersigned authority, personally appeared Robert A.

Wiesemann, 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 aver-ments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information and belief:  !

The proprietary material of Westinghouse is of the same technical type as that proprietary material previously submitted to the Commission in August 1976.

Justification for withholding such information from public dis-closure has been provided by Westinghouse in a previously submitted affidavit, AW-76-29, dated July 23, 1976, which was approved by the Commission on June M , 1978, a copy of which is attached. .The aver-monts of the referenced affidavit, AW-76-29, as supplemented, apply equally to the subject submittal and are hereby incorporated by reference. Furthermore, the complete documentary basis for the Com-mission's approval of the justification for withholding such information can be found in NRC Docket Number 50-348 and 50-364.

Further the deponent sayeth not.

$$)J!AAW lobert A. Wiesemann, Manager Regulatory & Legislative Affairs Sworn to and subscribed before me this [ day of d &'Nhu,1978.

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/ Notary Public"

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.AW-76 29 .

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.  ; AFFIDAVIT G NONWEALTH OF. PENNSYLVANIA: .

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.  : COUNTY OF ALLEGHENY: .

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'Before me, the undersigned authority, personally appeared ,

. Robert A. Wiesemann, who, being by me duly sworn according to law, de- -

- poses and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that the aver- .

1nents of fact set forth in this Affidavit are true and correct to the .

best of his knowledge, information, and belief:

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Robert A. Wiesemann, Manager ,

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Licensing Programs

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Sworn to and subscribed

befor me,this d I day . . .

. of lI 1976. -

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.. .AW-76-29 2.

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. ()) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems 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 10 CFR 3ection 2.790 of the Commission's regulations and in con-junction with the Alabama Power Company application for withholding accompanying this Affidavit. ,

(3) I have personal knowledge of the criteria and ocedures utilized by Westinghouse ' Nuclear Energy Systems in desi;< Hnginformati,on as'a trade secret, privileged or as confidential. cur.ercial or

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financial information.

(4) Pursuant to the provisions of parascaph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for '

consideracion by the Commission in determining whether the in-

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formation sought to be withheld from public disclosure should be

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. withheld.

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(i) The informttion sought to be withheld from public dis' closure

.is owned and has been held in confidence by Westinghouse.

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.(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

- / Wes'tinghouse has a rational basis 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, structure, tool, method, etc.)

- where prevention of its use by any of Westinghouse's.

competitors without license from Westinghouse consti-tutes a competitive economic advantage over other

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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 economic advantage, e.g., by optimization

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or improved marketability. ,

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(c) Its use by a competitor would reduce his expenditure of resources or. improve,his competitive position in the f, design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

It reveals cost or price information, production' cap-

', , (d) acities, budget icvels, or commercial strategies of .

Westinghouse, its customers or suppliers. .

(e) !t reveals aspects of past, present, or future West- '

inghouse or custcmer funded development plans and pro-

. . grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas,.for which' patent pro- ~

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. tection may be desirable. *

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It is not the property of Westinghouse, but must be.

(g)

- treated as proprietary by Westinghouse according to . . .

. agreements with the owner. .

There are sound policy reasons behind the Westingh'ouse

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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-76-29 .

, (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 expense. ,

(d) Each component of proprietary information pertinent

- .to a particular competitive advantage is potentially

.as valuable ?.s the total competitive advantage. If ,

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- - competitors acquire components of proprietary infor-sation, any one component may be the key to the entke ,

. . puzzle, thereby depriving Westinghouse of a competitive .

advantage. *

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- - - (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 countrie' .

(f) The Westinghouse capacity to invest corporate assets '

in research and development depends upon the success in obtaining and maintaining a competitive advantage. ,

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' (iii) The information is being transmitted to the Commission in -

confidence and, under the provisions of 10 CFR Section 2.790, I it is to be received in confidence by the Comission.

(iv) The information is not available in public sources to the .

best of our knowledge and belief,

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- - (v) The proprietary information sought to be withheld in this

.- submittal is that which is appropriately marked in the en-closed material with regard to Steam Line Break Release

- ' To The Containment being transmitted to the Comission by

- Alabama Power Company letter, Clayton to Boyd dated August ^

1976. . ..  :

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- This information enables Westinghouse to: .

-(a) Justify the design basis for emergency systems. ,

(b) Assist its customers to obtain licenses. .

(c) Optimize long-term cooling design.

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- (d) Verify computer codes used for accident analyses.

- Further, this information has substantial com:ercial value as follows: -

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(a) Westinghouse sells the use of the information to its .

customers for purposes of meeting HRC requirements for

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licensing documentation.' -

(b) Westinghouse uses the information to perform and justify analyses which are sold to customers.

- Public disclosure of this information is likely to cause sub-

- stantial harm to the competitive position of Westinghouse '

because it would enable others to use the information tu meet NRC requirements for licensing documentation without purchasing.

the right to use the information.

- The development of this information is the result of many years

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- of Westinghouse effort and the expenditure of a consider &bje

- sum of moncy.' . .. .

In order for competitors of Westinghouse to duplicate this

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informa' tion, simila'r experimental test programs would ha-ve to be performed and a significant manpower effort, having '

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. the requisite talent and experience, would have to be

. expended for data analyses and code development. .

l'urther the deponent sayeth not. .

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