ML20206F868

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Requests Withholding Proprietary Rept from Public Disclosure Per 10CFR2.790
ML20206F868
Person / Time
Site: 05000601
Issue date: 11/08/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19295G691 List:
References
AW-88-122, NUDOCS 8811210377
Download: ML20206F868 (10)
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. , e Westinghouse PowerSystems pin",315, p,nn,y,,,,, 3333o o333 Electric Corporation November 8, 1988 AW-88-122 Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L. Miller, Director

. Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment 4 to MAPWR RESAR-SP/90 PDA Module 5, "Reactor System"

Reference:

Letter No. NS-NRC-88-3382, Johnson to Miller dated November 8, 1988

Dear Mr. Miller:

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 prenrietary 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-2944, dated July 31, 1984 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-88-122 and should be addressed to the undersigned.

Very truly yours,

lA/MdlQ WMS/bek/02278 Robert A. Wiesemann, Mar,ager Enclosure (s) Regulatory & Legislative Affairs _

cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC f"ho$ psp)pGo/

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWIT!1 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 S0 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 0F 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 10CFR2.79C(b)(I).

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AW-88-122 AFFIDAVIT COMMONWEALTH 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 that the averments of fact set forth in this Af)'idavit are true and correct to the bes's of his knowledge, information, and belief:

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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this M day of~7th u m l>d/ I988.

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<Fese MY COW $10i DPAES CI: 14 IMt W6*,ter. Pstrayhaw Arse .at:a t! thus

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s t t 2- AW-88-122 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in conner. tion with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding or, behalf of the Westinghouse Energy Syster3, Nuclear Fuel, and Power Generation Business Units.

(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 application for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units in <iesignating 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 Comission in determining whether the

( information sought to be withheld from public disclosure should be withheld.

l (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-88-122 (ii) The information is of a type customarily held in confidence 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 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 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, j (b) It consists of supporting data, including test data, j 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.

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AW-88-122 (c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, 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 Westin3h ouse, its customers or suppliers.

(e) 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 ideas, for which patent protection may be desirable.

(g) It is not the property of Westinghouse, but m"st 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 competitors.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

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, l AW 88 122 (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 competitar 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 as the total competitive advantage. If competitors acquire components of proprietary information, any one cumponent may be the key to the entire puzzle, thereby depriving Westinghouse of a competdtive advantage.

(e) Unrestricted disclosure would jeopardize tha position of prominence 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.

AW-88-122 (v) The proprietary infomation sought to be withheld in this submittal is that which is appropriately marked in the "Westinghouse Advanced Pressurized Water Reactor (WAPWR)

Licensing Control Document", Amendment 4 to WAPWR RESAR-SP/90 PDA Module 5, "Reactor System", being transmitted by Westinghouse, W. J. Johnson, Manager Nuclear Safety Department to NRC, C. L. Miller, Director, Standardization and Non Power Reactor Project Directorate, NS NRC 88-3382, November 8, 1988.

This document identifies specific design features ano improvements which the WAPWR will have in order to meet current regulatory requirements. In addition, it establishes the MAPWR position with respect to each applicable requirement.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features I of the MAPWR; 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 l amount of effort and money expended by Westinghouse over a l period of several years in carrying out this particular development program. Further, it would enable competitors to l use the information for comercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the information.

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o O e AW-88-122 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.

t (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 competitor advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one compenent may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.

(e) 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-88-122 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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