ML20215M863

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Requests Withholding of Proprietary RESAR-SP/90 Westinghouse Advanced PWR Std Plant Design,Module 15, Control Room/Human Factors Engineering, from Public Disclosure (Ref 10CFR2.790)
ML20215M863
Person / Time
Site: 05000601
Issue date: 10/27/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19292G169 List:
References
AW-86-099, AW-86-99, NUDOCS 8611030380
Download: ML20215M863 (10)
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v Westinghouse Electric Corporation PowerSystems g3,5hs saocass October 27, 1986 AW-86-099 Docket No. STN-50-601

~Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Consnission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PU8LIC DISCLOSURE

Subject:

Submittal of WAPWR RESAR-SP/90 PDA Module 15, " Control Room / Human Factors Engineering"

Reference:

Letter No. NS-NRC-86-3173, Rahe to Denton dated October 27, 1986

Dear Mr. Denton:

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

The af fidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-NRC-86-3015 dated February 27, 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 Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-86-099 and should be addressed to the undersigned.

Very truly yours, ,

WMS/bek/1852n Rober A. W ese nn, nager Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq. -

Office of the General Council, NRC

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUES1S FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF FROPRIETARY 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 REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUS 11FICATION FOR CLAIMING 1HE INFORMATION S0 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 BRACKEIS 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 CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT 10 10CFR2.790(b)(1).

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AW-82-57 AFFIDAVIT COMMONWEALTri 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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:

Mrn .. _

n D. McAcco, Assistant Manager Nuclear Safety Cecartment Sworn to and subscribed before me this / day of 2p % n//v4/1982.

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LLLlLY AY Notary Public Pam!TTI $lCN$XA, MOTARY PU8UC 20N#90 tut CCao. Au!GN(MT CCUWTT NT 00HMi$$104 QPt2C MARCH 10. 1386' memoet. Pennsvtrene Association ef Nor a+

m AW-82-57 (1) I am Assistant Manager, Nuclear Safety Department, 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 withholding 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 Comission's regulations and in con-junction with the Westinghouse application for withholding ac-companying thir 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 comercial or financial information.

(4) Pursuant to the provisions of paragrapn (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld frcm public disclosure should be -

withheld.

{.1 ) The infonnation sought to be withheld frem public disclosure is owned and has been held in confidence by Westinghouse.

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

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 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 com-petitive advantage, as follows:

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

where prevention of its use by any of Westingnouse's competitors w'ithout license frem Westingnouse cdnsti-tutes a competitive economic advantage over other companies.

(~b ). It consists of succorting data, including test data, relative to a process (or comconent, structure, tool, method, etc.), the acclication of wnien data secures a ccmpetitive econcmic advantage, e.g., by optimi:stion or improved marketability.

~1 AW-82-57 (c) Its use by a competitor 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 customers or suppliers.

(el 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 desirah.le.

(gl 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 such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld frem disclosure to protect the Westinghouse competitive position.

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

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

(c) Usa 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 infor-mation, any one compcnent may be the key to the entire puzzle, thereby depriving Westinghouse of a comoetitive advantage.

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

(fl 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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AW-82-57 (iii) The information is being transmitted to the Consnission in confidence 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 or available inforn.ation has not been pre-viously employed in the same original manner or method to the best of our knowledge and belief.

(v). The proprietary infomation sought to be withheld in this sub-mittal is that which is appropriately marked in the " Westing-house Advanced Pressurized Water Reactor ('fAPWR) Licansing Control Occument." This document identifies specific design features and improvements which the WAPWR will have in order to meat current reguTatory requirements. In addition, it i establishes the ' fAPWR position with respect to each require-ment.

Public disclosure of this infonnation is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the ' f APWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of tne design's capability to meet evolving NRC/ACRS safety goals.

All of this infomation is c' comoetitive value because of the large amount of effort and money expended by Westingneuse over a period of several years in carrying out this particular

AW-82 ~7 development program. Further, it would enable competitors to use the infomation for commercial purposes and also.to meet NRC requirements for licensing documentation, each without purchasing th,e right from Westinghouse to use the information.

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, withhe1d 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 competi-tors 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 competitor advantage is potentially as

! valuable as the total competitive advantage. If com-

' petitors acquire components of proprietary information, j any one component may be the key to the entire pu::le thereby depriving Westinghouse of a competitive advantage.

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d' AW-82-57 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

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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