ML20207D740
| ML20207D740 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 07/01/1988 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292J233 | List: |
| References | |
| CAW-88-065, CAW-88-65, NUDOCS 8808150451 | |
| Download: ML20207D740 (7) | |
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Westinghouse Power Systems
$fdn Pennsyivaniais23a oass Electric Corporation July 1, 1988 CAW-88-065 Dr. 'Ihomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
"Technical Bases for Eliminating Residual Heat Removal (RHR) Line Rupture From the Structural Design Basis for South Texas Projects Units 1.& 2" (WCAPS-11773/11774).
Dear k. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Houston Lighting and Power Company is further identified in an affidavit signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
The proprietary material for which withholding is being required is of the same technical type as that proprietary material previously submitted as Affidavit CAW-83-080.
Accordingly, this letter authorizes the utilization of the accompanynig affidavit by Houston Lighting and Power Company.
Correspondence with respect to the proprietary aspects of the applicatio1 for withholding or the Westinghouse affidavit should reference this letter, CAW-88-065, and should be addressed to the undersigned.
V.ery truly yours, bdbeCmJ
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't A. Wiesemann, Manager U
Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.
Office of the General Counsel, NRC 8808150451 880809 PDR ADOCK 05000498 P
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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/OR PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF.10CFR2.790 0F THE COMMISSION'S REDULATIONS 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 RENAIN, 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 ITEN 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 HOLM IN (DNFIDENCE IENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(11)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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CAW-83-80 AFFIDAVIT I
COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit o.n behalf of Westinghouse Electric Corporation ("Westinghouse") and that the avernents of fact set forth in this-Affidavit are true and correct to the best of his knowledge, information, and belief:
h p] % %f; j D. McAdoo, Assistant Manager Nuclear Safety Department l
Sworn to and~ subscribed before me this d day of Stybl1g_1983.
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2-CAW-83-80 (1)
I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy 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 disclosure in connection with nuclear power plant ifcensing 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 the Commission'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 Westinghouse Nuclear Energy Systems in designating information as a trade
- ,ecret, privileged or as confidential commercial 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 information sought to be with-held 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.
(ii)
The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing-house 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 hole 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.
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. CAW-83-80 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 ifcense from Westinghouse constitutes 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 advan-tage, e.g., by optimization or improved marketability.
(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of qua11ty, or ifcensing a similar product.
(d) It reveals cost or price informatfon, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or supplicts.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
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(f) It contains patentable ideas, for which patent protection may be l
desirable.
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.., CAW-83-80 (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 Westinghcuse system which include the following:
(a) The use of 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.
(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 parti-cular competitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.
l (e) Unrestricted disclosure would jeopardize the position of promi-
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nence of Westinghouse in the world market, and thereby give a l
market advantage to the competition in those countries.
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. CAW-83-80 (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and main-taining a competitive advantage.
(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 to the best of our knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in "Technical Bases for Eliminating Large ?rimary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talant and experience.
Public disclosure of this information is likely to cause substantial i
harm to the competitive position of Westinghouse beccuse it would simplify design and evaluation tasks without requiring a commensurste investment of time and effort.
Further the deponent sayeth not.
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1 5055Q: 1D/092683