ML20207M687

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Requests That Proprietary WCAP-11987, Surge Line Stratification Presentation Overheads - 880907 Texas Util Electric/Nrc Meeting Be Withheld from Public Disclosure (Ref 10CFR2.790)
ML20207M687
Person / Time
Site: Comanche Peak  Luminant icon.png
Issue date: 09/26/1988
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19297H109 List:
References
CAW-88-103, NUDOCS 8810180340
Download: ML20207M687 (6)
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l September 26, 1988 j Westinghouse PowerSystems i Electric Corporation s$$lId'E* i Bc 355 Pt!!sbtrgn Pevsyharna 15230 0355

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I CAW 88 103 Dr. Thomas Murley, Director Office of Nuclear Reacto" Regulation  :

V. S. Nuclear Regulatory Commission Washington, D. C. 20555 i APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE Subjoct: Surge Line Stratification Presentation Overheads -

9/7/88 TV Electric /NRC Meeting

Dear Mr. Hurley:

1 The proprietary information for which withholding is being requested in the enclosed letter by TV ElectrM Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this lotter, sets forth the {

basis on which the information may be withheld from public disclosure by the l 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 i

technical type as that proprietary material previously submitted as Affidavit

CAW-83-080.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by TU Electric Company.

Corresponence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter,

, CAW 88-103, and should be addressed to the undersigned.

Ver truly yours, i

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Ro$ <r . esdmann, Manager i

Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esquire

, Office of the General Counsel, NRC 0810180340 681012 PDR ADOCK 05000445 A PDC 1

CAW-83-80 i AFFICAVIT COMl10NWEALTH OF PENNSYLVANI A:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by te 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 averrents of fact set forth in this Affidsvit are true and correct to the best of his knowledge, informatien, and belief:

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j D. McAdov, Assitt1 Int Manager Nuclear Safety Department Sworn to and subscribed before m.e this [ day cfJthmliy_1983.

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',' ms 5055Q: 1D/C92603

l CAW-83-80 i (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno- j logy Division, of Westinghouse Electric Corporation and as such, I have ,

been specifically delegated the function of reviewing the proprietsry  :

information sought to be withheld from public disclosure in connection l with nuclear power plant Ifcensing or rule-making proceedings, and am I 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 f Section 2.790 of the Commission's regulations and in conjunction with the  ;

Westinghouse appiteation for withholding accompanying this Affidavit. f (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade j secret, privileged or as confidential comercial or financial information.

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

the Comission in determining whether the information sought to be with- l held from pubite disclosure should be withheld.  !

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

(ii) The information is of a type customarily held in confidence by l Westinghouse and not custon,arily disclosed to the public. Westing- l 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 j the rational basis required.

5055Q: 1D/092683

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cad-83-80 i

l 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: l

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j (a) The information reveals the distinguishing aspects of a process l (or component, structure, tool, method, etc.) where prevention  !

l of its use by any of Westinghouse's competitors without Ifcense

] from Westinghouse constitutes a competitive economic advantage l over other companies.

I (b) It consis' af supporting data, including test data, relative to j e process (or component, structure, toc 1, method, etc.), the i 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 qualit.', or Itcensing a similar product.

(d) It reveals cost or price inftnwation, production capacities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential comercial value to Westinghouse.

(f) It contains patentable ideas, fer which patent protection may be desirable.

5055Q: 10/092683

CAW-83-30 (g) It is not the property of Westinghouse, but must be traated as

] proprietary by Westinghouse according to agreements with the j owner.

There are sound policy reasons behind the Westinghouse system which l include the following _

i j (4) The use of information by Westinghouse gives Westinghouse a

! competitive advantage over its competitors. It is, therefore, j

! withheld frem dist:losure to protect the Westinghouse competitive l I position.

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j (b) It is inforntion which is marketable in many ways. The extent i to which such information is available to competitors diminishes

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j the Westinghouse ability to sell products and services involving

! the use of the information.

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i (c) Use by our competitor would put Westinghouse at a competitive

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j 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 4dvantage. If competitors acquire components of proprietary information, any one component ma/ be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

5055Q: 10/092683

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l CAW-83-80  !

4 l (f) The Westinghouse capacity to invest corporate assets in research l j and davelopment depends upon the success in obtaining and main-

! taining a competitive advantage.

l (iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be l

received in confidence by the Comission.

I l (iv) The information sought to be protected is not available in pubile l sources to the best of our knowledge and belief.

I (v) The proprietary information sought to be withheld in this subtrittal is that which is appropriately marked in "Technical Bases for i Eliminating large Primary Locp Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

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1 The subject information could only be duplicated by competitors if l they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and oxperience.

I i Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a coamensurate investment of time and effort.

Further the deponent sayeth net.

5055Q: 1D/092683

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