ML20207R817
| ML20207R817 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 03/10/1987 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19292G928 | List: |
| References | |
| CAW-87-106, NUDOCS 8703180168 | |
| Download: ML20207R817 (7) | |
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PAGE OF Westinghouse PowerSystems Bcx 355 Pittsburgh Pennsylvarua 15230 0355 Electric Corporation March 10,1987 CAW-87-016 Dr. Thomas Murley, Director
. Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Technical Bases for Eliminating Accumulator Class 1 Low Pressure Line Rupture as the Structural Design Basis for South Texas Project Units 1 & 2
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Houston Lighting & Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse El,ectric Corporation.
The af fidavit, 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-84-102.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Houston Lighting & Power Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-016, and should be addressed to the undersigned.
Ver[rulyyours, W
Jc GdK G Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.
Office of the General Council, NRC 8703180168 870313 ^
PDR ADOCK 05000498 A
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PROPRIETARY I F ORMATION NOTICE i
TRANSCTD HDEWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY YERSIONS W D03! MENT 5 PURNISHD TO THE NRC IN CONNECTION WITH RIDUI575 PDR CENEP.IC AC/0R PLAh7 SPECIFIC BEVIEW AND APPROVAL.
IN ORDER 10 C0hTORM TD WE REQUIREMEhT5 W 10CFR2 790 W THE CCHMISSION'S
- 4 RCUULTIONS CONCERNING THE,PRDIECTION W PROPRIETARY Ih70RMATION 30 ElRMITTED TD DE NRC, THE INFORMATION 10iICH IS PROPAIETART IN DE PRDPRIETARY VERSIONS IS CONTAING WIDIN SMcKETS AND WHERE THE PROPRIETART INFORMATION IRAS BEEN DE
- .ETD IN THE NON-PRDPRIETARY VERSIONS IN.T THE BMcKET5 BEMAIN, THE Ih70RMATION THAT WAS CONTAIND WIININ THE SMcKC5 IN RE PRDPRIETARY YERSIDNS MAVING BEIN DII.EIED. THE JUSTIFICATION FDR CLAIMING THE INFORMATION 30
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DUZNATII AS PROFRIITARY IS ICICATG IN BUDi VERSIONS BY MEANS, W LCWS CASE LUTERS (a) THR0tXiH (g) C0hTAING WITHIN PAP.Eh7HISD LOCATED AS A RJPERSCRIPT IEIATILY PtfLOWING THE SMcKE75 EN!1.EING EACH ITEM OF INFORMATION SEIE
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IDENTIFIID'AS PROPJifETART OR IN DE MutGIN OPPOSITE RhQi Ih70RMATION. THEE LCWD CASI LEITERS REFER 2D THE TIPD E INFDRMATION WETINGHOUSE C1J57DMARILY HO:.D5 IN CONFIDENCE IDEhTIFIED IN SECTIONS (4)(ii)(a) through (4)(11)(g) 0F THE j
AFTIDAVIT ACCOMPAhTIN3 THIS TRANSMITTAL PURSJAhT TD 10CFR2 790(b)(1).
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7 CAW-84-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLESHENY:
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Before me..the undersigned authority, personally appeared John 9. McAdoo,,
who, being'by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit en behalf of Westinghouse Electric 1
i Corporation (* Westinghouse') and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and J
bellef:
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Joh D. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed before me this d day A.f., Y l1984-D* ? A YH.A. W -
F Notary Public assaaiet u.neucA notaer Pusuc
I l CAW-84-102 (1) I en Assistant Manager, Nuclear Safety Department, la the Nuclear Technology Division, of Westinghouse Electric Corporation and as such I have been specifically delegated the function of review'ing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking proceedings, and an authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions.
(I) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.130 of the Connission's regulations and in conjunction with the Westinghouse application for withholding accompany this Affidavit.
(3) I have personal knowledge of the criteric and procedures utt11 ed by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.
4 (4) pursuant to the provisions of paragraph (b)(4) of Section 2.130 of the l
Coanission's regulations, the following is furnished for consideration by
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the Connission in de,termining whether the information sought to be withheld from public disclosure should be withheld.
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(1) The information sought to be withheld from public disclosure is I
owned and has bee'n held in confidence by Westinghouse.
(11) 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, ettlizes a system to deters,ine 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.
r CAW-84-102 under that system information is held in confidence if it falls in one or more of several types, the release of which'eight result in the loss of an existing er potential tempetitive advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or temponent, structure, tool, method, etc.) where prevention of its ese by any of Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b) It consists of supporting data including test data, relative to process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optialzation er taproved marketability.
(c) Its use by a competitor would reduce his expenditure of resources or taprove his competitive position in the design, manufacture, shipment installation, assurance of quality, or licensing a stallar product.
(d) It reveals cost er price information, production tapacities.
budget levels, or~ tonnercial 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 commercial value to Westinghouse.
l (f) It contains patentable ideas, for which patent protection 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.
. CAW-84-102 There are sound policy reasons behind the Westinghouse system which include the following:
l (a) The use of such information by Westinghouse 31'ves Westinghouse a competitive advantage over its competitors.
It'is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
1 (b) It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the West'inghouse ability to sell products and services involving the use of the information.
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l (c) se by our competitor would put Westinghouse at a competitive
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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 l
components of proprietary information, any one component may
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be the key to the entire puttle, thereby depriving Westinghouse of. a competitive advantage.
l (e) Unrestricted disclosure would jeopardite the position of prominence of Westinghouse in the world market, and thereby
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give a market advantage to the competition in those countries.
l (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantages I
(iii) The information is being transmitted to the Comission in confidence and, under the provisions of 10CFR Section 2.7g0, it is l
to be received in confidence by the Commission.
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. CAW-84-102 (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 WCAP-10489,
- Technical Bases for Eliminating Pressurizer Surge line Ruptures as the Structural Design Bases for South Texas Project," dated February 1g84, and " Additional Information - South Texas surge Line.'
The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by i
Westinghouse provided that they have the requisite talent and experience.
i Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse i
because it would simplify design and evaluation tasks without requiring a comensurate investment of time and effort.
Further the deponent sayeth act.
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