ML20213E980

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Requests Amend 2 to Westinghouse Advanced PWR RESAR-SP/90 Preliminary Design Approval Module 16, Probabilistic Safety Study, Be Withheld (Ref 10CFR2.790)
ML20213E980
Person / Time
Site: 05000601
Issue date: 10/30/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19292G234 List:
References
AW-86-102, NUDOCS 8611130397
Download: ML20213E980 (10)
v • d • e


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t-a Westinghouse PowerSystems lgs,5' 3

c gh PennsyNania 15230 0355 Electric Corporation October 30, 1986 l

AW-86-102 Docket No. STN-50-601 Mr. Harold R. Denton, Director Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Comission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY

{ INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Amendment 2 to WAPWR RESAR-SP/90 PDA Module 16, "Probablistic Safety Study"

Reference:

Letter No. NS-NRC-86-3176, Rahe to Lyons dated October 30, 1986.

Dear Mr. Denton:

The application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b)(1) of j Section 2.790 of the Comission's regulations. It contains comercial j strategic information proprietary to Westinghouse and customarily held in j confidence.

The affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-NRC-85-3043 dated June 28, 1985, and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comission's regulations.

Correspondence with respect to this application for withholding or the

! accompanying af fidavit should reference AW-86-102 and should be addressed to

( the undersigned.

Very truly yours,

! Y I

WMS/bek/1852n Robe {A%w Manager rt A. Wiesemann, i_ Enclosure (s) egulatory & Legislative Affairs __

i cc: E. C. Shomaker, Esq.

Office of the General Council, NRC 113g PDR osocoW) e)C 61

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PROPRIETARY INFORMATION N011CE l

1 TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R HON-PROPRIEIARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNEC1 ION WITH REQUESIS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F lHE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIE1 ARY INFORMATION SO SUBMITIED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN i

DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, 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 INFORMA1 ION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMA1 ION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SEClIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMIITAL PURSUANT TO 10CFR2.790(b)(1).

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hW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

1 Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, decoses 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:

~w WC u-n D. McAcco, Assistan: Manager Nuclear Safety Cecar=ent Sworn to and subscribed before me this / day of //[M%m/Z' /1982.

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Notary Public PautITTE !LC45XA, MOTA27 PU8uC i

schtgritut CCao. An!GMEMT COUWTT 37 00MM115109 EIP!2Es ILtICH 10.193S' uomeet. Pennsywand Assoaation of mao""

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AW-82-57 (1) I am Assistent Manager, Nuclear Safety Cesartment, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sougnt to be withheld from public dis-closure in connection witV nuclear. power plant licensing or rule-making proceedings, and am authorized to apply for its withnolding 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 con-junction with the Westinghouse apolication for withholding ac-companying this Affidavit.

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

(4) Pursuant to the provisions of paragracn (b)(4) of Section 2.790 of the Commission's regulations, the following is furnisnec for consideration by the Commission in determining whether the in-formation sought to be withheld frcm cublic disclosure shculd be withheld.

(i) The information sought to be withneld frcm public cisclosure is owned and has been held in confidence by Westingneuse.

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

1 Westinghouse has a rational bas'is for determining the types '

of infonnation customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence.

The application of that system and the suestance of that system constitutes Westinghouse policy and provides the rational basis required.

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 ccm-petitive advantage, as follows:

(.a ) The information reveals the distinguisning aspects of a process (or component, stru'cture, tool, method, etc.)

where prevention of its use by any of Westingnouse's ccmcetitors without license from Westingnouse consti-tutes a competitive economic advantage over other companies.

(~b ). It consists of succorting data, including test data, relative to a process (or ccmconent, structure, teoi, method, etc.), the acclication of wnien data secures a ccmcetitive econcmic advantage, e.g. , by cotimization or improved marketability.

s 4- AW-82-57 (c) Its use by a ccmpetitor would reduce his expenditure of resources 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 comercial strategies of Westinghouse, its custcmers or suppliers. 1 (e). It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

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

(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 benind the Wesi:ingneuse system which include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its ccm-petitors. It is, therefore, withneld from disclosure to protect the Westingnouse ccmcetitive osition.

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

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

(c) Use by our competit:r would put Westingnouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

i l Gd). Each component of preprietary information pertinent ,

to a particular competitive advantage is potentially as valuable as the total ccmcetitive advantage. If ccmpetitors acquire components of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a ccmcetitive advantage.

(e) Unrestricted disclosure would jeopardi:e the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the ccmcetition in those countries.

(fl The Westingnouse capacity to invest corporate assets l in research and development decends upon the success in obtaining and maintaining a ccmcetitive advantage.

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AW-82-57 (iii) The information is being transmitted to the Ccmmission in confidence and, under the provisions of 10CFR Section 2.7g0, it is to be received in confidence by the Ccemission.

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

(v )_ The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the " Westing-house Advanced Pressurized Water Reactor (WAPWR) Licensing Control Document." This document identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory requirements. In addition, it establishes the WAPWR position with respect to each require-menc.

Public disclosure of this information is likely to cause suo-stantial harm to the comoetitive position of Westinghouse as it would reveal the description of the imoroved design features of the WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of :he design's capability to meet evolving NRC/ACRS safety goals.

All of this information is of comoetitive value because of the i

large amount of effort and money expended by Westingneuse over a period of several years in carrying out :nis particular I

AW-82-57 develocment program. Further, it would enable c:mpetitors to use the information for commercial purposes and also to meet NRC requirements for licensing documentation, eacn withcut purchasing the right from Westingnouse to use the information.

Information regarding its development pregrams 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 ccmceti-tors diminishes the Westingnouse ability to sell pr ducts and services involving the use of the information.

(.c) Use by our competitor wculd put Westingnouse at a ccm-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total : mpetitive advantage. If ccm-petitors acquire ccmconents of proprietary infer nation, any one ccmconent may be the key to tne entire Ou::le thereby depriving Westingneuse of a ccmcetitive advantage.

AW-82-57 (e) The Westinghouse capacity to invest corporate assets in

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research and development depends upon the success in obtaining and maintaining a competitive advantagt.

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

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

Further the deponent sayeth not.

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