ML20215B000

Requests That WCAP-11506, Full-Flow Filter Recovery & Equipment Assessment Be Withheld (Ref 10CFR2.790)

ML20215B000
Person / Time
Site:	South Texas
Issue date:	06/11/1987
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292H390	List: ML20215B000 ML20215B016 NRC-87-3231, Forwards Nonproprietary WCAP-11508 & Proprietary WCAP-11506, Full-Flow Filter Recovery & Equipment Assessment. Proprietary Rept Withheld (Ref 10CFR2.790).Application for Withholding Rept & Affidavit Encl
References
CAW-87-057, CAW-87-57, NUDOCS 8706170181
Download: ML20215B000 (7)

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35 Westinghouse PowerSystems [is3uIgh Pennsylvania 15230 0355 Electric Corporation June 11, 1987 CAW-87-057 Or. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Full-Flow Filter Recovery and Equipment Assessment, South Texas Project Unit 1, June 1,1987, Westinghouse Proprietary Class 2

Dear Dr. Murley:

The application for withholding is submitted by Westinghouse Electric l Corporation (" Westinghouse") pursuant to the provisions of paragraphs (b)(1) l and (d)(2) of Section 2.790 of tFe Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and information provided by a foreign source, anc customarily held in confidence.

The proprietary material for whic 1 withholding is being required is of the same technical type as that proprMtary material previously submitted as Affidavit CAW-83-35.

Accordingly, it is respectfully .~6 quested that the subject information which is proprietary to Westinghouse 'ce withheld f rom public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse af fidavit should reference this letter, CAW-87-057, and should be addressed to the undersigned.

Verygt uly yours,

- OCLU M U Robert A. Wiesemann, Manager Regula'ory & Legislative Affairs Enclosures cc: E. C. Shomaker, Esq.

Of fice of the General Council, NRC

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8706170181 870611 PDR ADOCK 05000498 A PDR L

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PROPRIETARY INFORMATION NOTICE i, ')

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TRANSMUTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY V DOCUMENTS F11RNISHED TO THE NRC IN CONNECTION WITH REQUEST PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 70 CONFORM TO THE RIQUIREMENTS & 10CFR2.790 7 THE COM RILULATIONS CONCERNING THE PROTECTION & PROPRIETARY INFORM 1D THE NRC, 1EE INFDPM TION WHICH IS PROPRIETARY IN IHE PROPRIETARY VERSIONS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATI '

. DELETED .IN THE NON-PROPRIETARY VERSIONS GET THE BRACKETS REMAIN, THE

. IhTORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE HAVING BEDi DELETED. THE JUSTIFICATION FOR Q. AIMING THE INFORM DESIGNATED AS PROPRIETARY IS INDICATED IN BCTIH VERSIONS BY HEANS, & L LETIERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPER IMMEDIATELY FOLLOWING THE BRACKETS ENCI.0 SING EACH ITEM OF IDENTIFIED AS PROPRIETARY OR IN THE MARDIN OPPOSITE THESE SUCH INFO LOWER CASE LETTERS REFER 10 THE TYPES & INF0PMTION WEST HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(11)(a) through (4)(ii)(g) 0F TH AFFIDAVIT ACCOMPAhTING THIS TRANSMITTAL PURSJANT 1010CFP2

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AFFIDAVIT -

1 COMMONWEALTH OF PENNSYLVANI A:

ss COUNTY OF ALLEGHENY: I l

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 I 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:

1 Robert A. Wiesemann, Manager _

Regulatory and Legislative Affairs Sworn to and subscribed before me this JW4 day of . A ')

b) 1983.

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CAW-83-35 (1) I am hnager, Regulatory and Legislative Affairs, in the Nuclear Tech-nology 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 rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Water Reactor Divisions. j i

(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the  ;

Westinghouse application for withholding accompanying this Affidavit. 1 (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 confiaential commercial or financial information.

(4 ) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by the Commis 9 in determining whether the information sought to be i c;h-  !

held from puosic disclosure should be withheld. l (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(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 the 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 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 competitive advantage, as follows:

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CAW-83-35 l

(a) The information reveals the distinguishing aspects of a pro-cess (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors without license from Westinghouse constitutes a comp'etitive 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 expenditure of resources or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similer product.

(d) It reveals cost or price inforn.stion, production capacities, budget levels, or commercial 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 poten-tial commercial value to Westinghouse. -

(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. ,

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

(a) The use of information by Westinghouse gives Westinghouse a l competitive advantage over its competitors. It is, there- l fore, withheld from disclosure to protect the Westinghouse i competitive position.

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CAW-83-35 (b) It is information which is markatable in many wivs, The extent to which such information is available to cornpetitors 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 competitive 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 component may be the key to the entire puzzle, thereby depriving Westing-house of a competitive advantage.  ;

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

(f) The Westinghouse capacity to invest corporate assets in I research and development depends upon the success in obtain-ing and maintaining a competitive advantage.

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

(iv) The information sought to be protected is not available in public sources to the brat of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submit-tal is that which is marked in the proprietary version of the document entitled, " Docket 50-266 Point Beach Nuclear Plant Unit 1 Steam Generator Repair" from the non-proprietary version of the same report. j 4277Q:i/042683 a

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. CAW-83-35 i This information provides details of equipment design and compre-hensIve plant data that were developed at significant expense. J This information has substantial comercial value to Westinghouse.

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in connection with competition with other vendors for service contracts and performance evaluations. j i

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-The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by.

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Westinghouse provided they have the requisite talent and experience. .

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Public disclosure of this information is likely to cause substan- ]

tial harm to the competitive position of Westinghouse because it would simplify design and evaluation.. tasks without requiring a comensurate investment of time and effort.

Further the deponent sayeth not.

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