ML20210D237

Requests That Proprietary Rev 1 to WCAP-11178, Steam Generator Sleeving Rept (Mechanical Sleeves), Be Withheld (Ref 10CFR2.790).Affidavit for Withholding Encl

ML20210D237
Person / Time
Site:	Farley
Issue date:	04/27/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H205	List: ML20210D228 ML20210D237 ML20210D269 ML20210D283
References
CAW-87-037, CAW-87-37, TAC-64210, TAC-64211, NUDOCS 8705070074
Download: ML20210D237 (7)

Text

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Electric Corporation Box 355 Pittsburgh PennsyNania 15230-0355 April 27, 1987

. CAW-87-037 Dr. Romas Murley Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCIASURE

Subject:

Transmittal of WCAP's 11178 (Rev.1) and 11179 (Rev.1) entitled, Steam Generator Sleeving

Dear Dr. Murley:

he proprietary material for which withholding is being requested in the enclosed letter by the Alabama Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. he affidavit, which accompanies this letter, sets forth the basis on which the infonnation 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.

he proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding AW-77-058.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Alabama Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-87-037 and should be addressed to the undersigned.

Ver ruly yours, Robert A. Wiesemann, Manager

/dmr Regulatory & Legislative Affairs

__ Enclosure (s) cc: E. C. Shomaker, Esq.

Office of the General Council, NRC 870507o074 DR 870504 ADOCK 05000348 PDR

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR 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 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 RENAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO 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 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 HOLDS IN (DNFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

AW-77-58 AFFIDAVIT COPMONWEALTH 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 Affidavit are true and correct to the best of his knowledge, information, and belief:

A (. b M Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed befo e me this I day - -

of ./ d e1977.

Y' thaa Notary Public

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(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems 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 licensing or rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse 4;ter Reactor Divisions.

(2) I am making this affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in con-junction with the Westinghouse application for withholding accompanying this Af.fidavit.

(3) I have personal knowTedge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial 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.

I (i) The information sought to be withheld from public. disclosure l is owned and has been held in confidence by We.Wnghouse.

(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

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whether to hold certain types of infomation in confidence.

The application of that system and the substance of th'at system constitutes Westinghouse policy and provides the rational basis required.

Under that system, infomation 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 com-petitive 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 consti-tutes 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 advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the

! design, manufacture, shipment, installation, assurance j of quality, or licensing of a similar product.

l (d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of West.inghouse, its customers or suppliers.

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

(f) It contains patentable ideas, for which patent pro-tection 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.

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

(iv) The information 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 in the attachment to Westinghouse letter number NS-CE-1596, Eiche1dinger to Stuart, dated November 8,

, 1977, concerning Westinghouse Steam Generator Programs.

The letter and attachment are being submitted in response to the request of the Commission and its October 25, 1977 memorandum, Stuart to Eisenhut concerning Westinghouse Steam Generator i Programs .

Public disclosure of this information is likely to cause l

substantial hann to the competitive position of Westinghouse as it would reveal the strategic plans of Westinghouse i regarding the nature .and direction of its development programs.

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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.

(b) It is information which is marketable in many ways. The extent to which such information is available to compet-itors 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 com-petitive 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

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component 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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! Altogether, a substantial amount of money and effort has been and is being expended by Westinghouse in its development programs which could only be duplica:ed by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available.

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Further the deponent sayeth not.

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