ML20204F812

Forwards Affidavit AW-80-27 in Support of Request to Withhold Proprietary Info Re Effect of Radiation on Insulating Matls in Westinghouse Medium Motor Per 10CFR2.790 Re Encl Util Draft

ML20204F812
Person / Time
Site:	Point Beach
Issue date:	04/13/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Thomas C Office of Nuclear Reactor Regulation
Shared Package
ML19268B475	List: ML20204F812 ML20204F854
References
AW-80-27, CAW-83-28, NUDOCS 8305020272
Download: ML20204F812 (9)

Text

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Westinghouse Water Reactor Ba 355 Pittstugh Pemsytvania15230 '

Electric Corporation Divisions April 13,1983 CAW-83-28 Dr. Cecil 0. Thomas, Chief Division of Licensing Office of Nuclear R actor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Wisconsin Electric Power Company letter dated April, 1983

Dear Dr. Thomas:

The proprietary material for which withholding is being requested by the Wisconsin Electric Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. 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 AW-80-27. The affidavit AW-80-27 submitted to justify the previous material is equally applicable to this material.

It is respectfully requested that the information which is proprietary to Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations. d Accordingly, this letter authorizes the utilization of the accompanying affidavit in support of the Wisconsin Electric Power Company. g',

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this C, TkoMAS 1etter, CAW-83-28, and should be addressed to the undersigned.

Ve truly yo rs, Robert A. Wiesemann, Manager Regulatory and Legislative Affairs

/ keg Enclosure cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 8305020272 830413 PDR ADDCK 05000266 P PDR

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AW-80-27 AFFIDAVIT CCfiMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 tnat the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

Rocert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before m this / [ day of _ 1980.

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Notary Public ,

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AW-80-27 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corocration and as such, I have been specifically delegated the function of reviewing the procrietary 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 10CFR Section 2.790 of tne 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 commerical or financial 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 determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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AW-80-27 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the puolic.

Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utili:es a system to determine wnen 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

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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 ccm-petitive 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 aqy of Westinghouse's competitors without license from Westinghouse consti-tutes 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 application of which data secures a competitive economic advantage, e.g. , by optimization or improved marketability.

AW-80-27 (c) Its use by a comoetitor would reduce his expenditure of resources or imorove his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar ;;roduct.

(d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or fu-ture 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 desirable.

(g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

There are so0nd policy reasons behind the Westinghouse system which include the following:

(a) The use of such infomation 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-80-27 (b) It is information wnich 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 comoetitive 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 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.

(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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- AW-80-27 (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 puolic sources to the best of our knowledge anc belief.

(v) Th'e proprietary information sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse Letter No. NS-TMA-2257, Anderson to Miller, dated June 16, 1980 concerning the Westinghouse Equip-ment Qualification Program to address Regulatory Guides 1.89 and 1.100. The letter and attachment are being submitted to complete the information provided in WCAP-8587, Supplement 1, which was requested by the NRC via PBS Standard Question No. 4,

" Environmental Qualification of Class lE Equipment."

This information enables Westinghouse to:

Develop test inputs and procedures to satisfactorily (a) verify the design of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.

Further, the information has substantial commercial value as follows:

(a) Westinghouse can sell the use of this information to customers.

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AW-80-27 (b) Westingnouse uses the information to verify the design of equipment which is sold to customers.

(c) Westinghouse can sell testing services based upon the experience gained and One test equipment and methods developed.

Public disclosure of this information is likely to cause substantial harm to the comoetitive position of Westinghouse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for com-mercial power reactors without commensurate expenses. Al so ,

public disclosure of the information would enable others having the same or similar equipment to use the information to meet NRC requirements ~ for licensing' documentation without purchasing the right to use the information.

. The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.

This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available and could somehow obtain the requisite experience.

Further the. deponent sayeth not.

(DRAFT LETTER TO THE NRC)

April 13, 1983 Dr. Cecil 0. Thomas, Chief Standardization & Special Projects Branch Division of Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, MD 20014

SUBJECT:

Point Beach Units 1 and 2 - Transmittal of Equipment Qualification Report

Dear Dr. Thomas:

Enclosed are:

1. Two (2) copies of "The Effects of Radiation on Insulating Materials Used in Westinghouse Medium Motors" (Research Report 71-lC2-RADMC-Rl)

- Proprietary.

2. Two (2) copies of "The Effects of Radiation on Insulating Materials Used in Westinghouse Medium Motors" (Research Report 71-lC2-RADMC-R1)

- Non-Proprietary, c

3. One (1) copy of Applicaton for Withholding (CAW-83-28) -

Non-Proprietary.

4. One (1) copy of Affidavit (AW-80-27) - Non-Proprietary.

This submittal is to respond to an NRC request in support of equipment qualification testing.

This submittal contains proprietary i'iformation of Westinghouse Electric Corporation. In conformance with the requirements of 10CFR Section 2.790, as amended, of the Commission's regulations, we are enclosing with this submittal an application for withholding from public disclosure and an affidavit. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission.

Correspondence with respect to the affidavit or application for withholding should reference CAW-83-28 and should be addressed to R. A.

Wiesemann, Manager, Regulatory & Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230.

Very truly yours,

! Wisconsin Electric Power Company Enclosures 4185Q L .. _ _. ___ .__