ML20207J944

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Requests Withholding of Proprietary Version of Amend 4 to RESAR-SP/90 Pda Module 1, Primary Side Safeguards Sys (Ref 10CFR2.790)
ML20207J944
Person / Time
Site: 05000601
Issue date: 09/19/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Chris Miller
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19297H022 List:
References
AW-88-100, NUDOCS 8809280189
Download: ML20207J944 (10)
v • d • e


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3 Westinghouse Power Systems fn"3d5 gnpenn3,9,n,,i323o0333 Electric Corporation September 19, 1988 AW-88-100 Docket No. STN-50-601 Document. Control Desk V.S. Nuclear Regulatory Commission Washingten, 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 WAPWR RESAR-SP/90 PDA Module 1, "Primary Side Safeguards System"

Reference:

Letter No. NS-NRC-88-3371, Johnson to Miller dated September 19, 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 proprietary 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-2909, dated May 7, 1984 and is equally applicable to this material.

Accordingly, it is respectfully requested ttat the subject information which is proprietary to Westinghouse be withheld fror 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-88-100 and should be addressed to the undersigned.

Ver truly yours,

  • l lAAA.WA40 WMS/bek/0192B Robert A. Wiesemann, Manager Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC h$0 $Do!K bbo $ oi K PDC

F PROPRIETARY INFORMAT!0N NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC U: 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 N0d-PROPRIETARY VERSIONS ONLY THE BRACKETS REfE N, 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 BPACKETS 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 INF;.dATION WESTINGHOUSr STOMARILY HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4; )(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO IOCFR2.79C o)(I).

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AW-82-57 AFFICAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally acpeared John O. McAdoo, who, being by me duly sworn according to law, decoses and says that he i. authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and nat the averments of fact set forth in this Affidavit are true and correct to the bost.of his knowled.:e, information, and belief:

= m ,e n . . _

n D. McAcco, Ass 1s ant Manager Nuclear Safety Cecartment i Sworn to and subscribed before me this / day of 2/p.wru/ML/1982.

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r AW-82-57 (1) I am Assistant Manager, Nuclear Safety Cepartment, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld frem public dis-closure in connection witV nuclear. power plant licensing or rule-making proceedings, and am authorized to apoly 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 Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying thir Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy _ Systems in designating information as a t e secret, privileged or as c:nfidential c:mercial or financi ' information.

(4) Pursuant to the provisio . of paragracn (b)(4) of Section 2.790 of the Comission's regulations, the follewing is furnisned for consideration by the Comission in determining wnether the in-formation sought to be withhele fr:m :ublic disclosure snould be withheld.

{.1 ) The information sought to be withheld frem public disclosure is owned and has been held in confidence by estingnouse.

AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is for determining the types of information customarily held in confidence by it and, in that connection, utili:es 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 requir .

Under that system, iniormatica is held in confidence if it falls in one or more of several types, the release of wnien migh" result in the loss .of an existing or :otential ccm-cetitive advantage, as follows:

(.s) The information reveals the distinguisning as:ects of a process (or c:mponent, stru'cture, ::al, method, etc.)

where prevention of its use by any of Westingnouse's

ccmcetitors without license frem Westingnouse consti-tutes a competitive econcmic advantage over other ccmcanies.

l l (b). It consists of succorting cata, including test data, relative to a process (or ccmconent, structure, teol, j

method, etc.), the acolication of wnien data secures 3 l

c:mpetitive econcmic advantage, e.g. , by cotimi:stion or imoroved marketability.

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a- AW-82-57 (c) Its use by a ecmpetitor would reduce his expenditure of r.esources 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 cap-acities, budget levels, or ccmercial strategies of Westinghouse, its custcmers or suppliers.

(e). It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westingneuse.

(f). It contains patentable ideas, for which patent pro-tection may be desirab.le.

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

There are sound policy reasons benind the Westingneuse system wnich include the following:

i (a) The use of such information by Westinghouse gives f Westingneuse a ccmpetitive advantage over its ccm-cetitors. It is, therefore, witnheid frem cisclosure to protect the Westingneuse ecmoetitive cosition.

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AW-82-57 (b) It is information which is marketable in many ways.

The extent to which such infonnation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.

(c) Usa by our competitor would put Westingnouse 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 cotentially as valuable as the total competitive advantage. If ecmpetitors acquire c:mponents of proprietary infor-mation, any ona component may be the key to the entire puz:le, thereby depriving Westinghouse of a c0meetitive advantage.

(e) Unrestricted disclosure would jeocardi:e the position of prominence of Westingnouse in the world market, and thereby give a market advantage to the c:meetition l

ir those countries.

(f). The Westingnouse capacity to invest corporate assets in research and development depends upon the suc:ess

in obtaining and maintaining a c
meetitive advantage.

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AW-82-57 (iii) The information is being transmitted to the Cemission in confidence and, under the provi, ions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) The information sought to be protected is not available in public sources or available information has not ceen pre-viously employed in the same original manner or method to the.best of our knowledge and selief.

(vl The proprietary information sought to be withhe'.3 in this sub-mittal is that which is appropriately marked in the "Westing-house Advanced Pressurize.i Water Reactor (' d APWR) Licensing Control Document." This document identifies specific design features and improvements which the WAPWR will have in order to meet current regul'atory requirements. In addition, it establishes the ' dAPWR position with respect to each require-ment.

1 Public disclosure of this information is likely to cause suo-stantial hann to the competitive position of Westinghouse as c it would reveal the description cf the improved design features of the ' dAPWR; Westinghouse plans for future derign, 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 comoetitive value because of the

' 2rge amount of effort and money expended by Westingnouse over a period of several years in carrying out this carticular

AW-32-57 develocment program. Further, it would enable c meetitors to use the information for commercial purposcs and also to meet NRC requirements for licensing documentation, each without purenasing the right from Westingnouse to use the information.

Information regarding its development programs is valuable to

. Westinghouse because:

(a) Information resulting frem its development programs gives Westinghouse a ecmpetitive advantage over its competitors.

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

(b) It is information which is marketable in many ways. The extent to which such information is availaole to c:mpeti-tors diminishes the Westingnouse ability to sell products and services involving the use of the informatien.

Lei Use by our competitor would put Westingnouse at a ccm-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each comprnent of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total c:moetitive advantage. If com-petitors acquire c moonents of procrietary information, any one c:moonent may be the key to One entire :u::le thereoy depriving Westing..ouse of a competitive advantage.

AW-82-57 I

(e) The Westinghouse capacity to invest corporate assets in research and devalopment depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information might not be discovered by the ccmcetitors of Westinghouse independently.

To duplicate this information, competit:rs would first have to be similarly inspired and would then have to excend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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