ML20235F339
| ML20235F339 | |
| Person / Time | |
|---|---|
| Site: | South Texas  |
| Issue date: | 09/10/1987 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19304B507 | List: |
| References | |
| CAW-87-084, CAW-87-84, NUDOCS 8709290053 | |
| Download: ML20235F339 (7) | |
Text
_ _ _ _ _ _ _ _ _ - - _ _ _ _ _
1 AT ACHME T ST HL AE-N PAGE / OF 1 l
\\
\\
Westinghouse Power Systems ysj,agg,nayo
}
Electric Corporation Box 355 Pittsbuigh Pennsylvania 15?30 0355 September 10, 1987 CAW-87-084 s
Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation i
U.S. Nuclear Regulatory Commission Washington, D.C.
20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Technical Bases for Eliminating Rupture of the Accumulator Line and its Attached RHR Piping from the Structural Design Bases for South Texas Project Unit 1 and 2.
l
Dear Dr. Murley:
The proprietary material for which withholding is being requested in the reference letter by Houston Lighting & Power Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The 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
-i 10CFR Section 2.790 of the Commission's regulations.
l l
The proprietary material for which withholding is being requested is of the same l
I technical type as that proprietary material previously submitted with Application for Withholding 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-87-084, and should be addressed to the undersigned.
Very truly yours, 8709290053 B70921 DR ADOCK 0500 8
/[,
Rb A. Wiesemann, Manager
/dmr Re ulatory & Legislative Affairs Enclosure (s) cc: E. C. Shomaker, Esq.
Office of the General Council, NRC
ATTACHMEffT sy.HL. AE #3 d PAGE p OF9 PROPPlETARY INFORMATION NOTICE TRANSMITTED HERDi1TH ARE PROPRIETARY AND/OR NON-PROPRIETARY V D0QJMEhTS FJRNISHED 70 THE NRC IN CONNECTION WITH REQUES13 PLAh7 SPECIFIC REVIEW AND APPROVAL.
IN ORDER 1D CONFORM 7D THE RILUIREMENTS OF 10CFR2.790 0F THE CO REGULATIONS CONCERNING 1NE PROTECTION & PROPPJETARY IhTORMA TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIO CONTAINED WITHIN BRACKETS AND WHERE THE PROPPlETARY INFORMATION DEI.ETD IN THE NON-PROPPlETARY VDSIONS CriLY THE BRACXETS REMAIN, THE IhTORMATION THAT WAS CONTAIhD WIGIN THE BRACKC3 IN THE PROPRIE HAVING BED DII.ETED. 1NE JUSTIFICATION FOR C2. AIMING THE INFORMATIO DESIGNATED AS PROPRIETARY IS INDICATE IN BOTH VERSIONS BY ME LCTERS (a) THROUGH (g) CONTMNED WITHIN PAREN7EESES LOCATED AS A SUPERSCRIPT IMEDIATELY FOLLOWING THE BRACKETS DiCI.0 SING EACH ITEM OF INFORMA IDENITFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH IhTORMATIO 1NESE
{
LORD CASE LDTES REFER 70 THE TYPES OF IhTORMATION WESTINGHOUSE HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE APTIDAVIT ACCOMPAhTING 1HIS TRANSMITTAL PUPSJAh7 7010CFP2.790(b)(1
ATTACHMENT ST HL.AE p4 tl PAGE
'2, OF '7 I
CAW-64-102 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared John D. McAdoo,,
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 Corpo' ration'(* 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:
_uw %d2 u
Joh
- 0. McAdoo, Assistant Manager clear Safety Department Sworn to and subscribed before me this 2.lf day
........9.f h.1994.
/
3
\\
g
.p.3 OF i
I i.e W
&M.hl &
Notary Public 10RRAiht M. PIPLICA. NOTARY PUBLIC NONR0! VILLI BDRO. ALLECHINY COUNTY NY COMMi$$l0N (KPIR[$ D[C 14.1987 Wember. Pennsylvania Association of hotaries HFC/0162n/11-20-84
ATTACHMENT ST HL AE nd PAGE 40F G
, CAW-84-102 (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 infonnation 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 nf 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 conjunction with the Westinghouse application for withholding accompany 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 comercial 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.
~
(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 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.
HFC/0162n/11-20-84
ATTACHMENT ST HL AEJM Y PAGEs OF 7 4 CAW-84-102 Under that system, information is held in confidence if it' falls in one or more of several types, the release of whlch might result in the loss of an existing or potential competitive 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 Westingt.oute'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 s 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 of quality, or licensing a similar product.
4 (d)
It reveals cost or price information, production capacities, budget levels, or connercial 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.
(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.
I HFC/0162n/11-20-84 i
___ _ J
ATTACHMENT
~
ST HL AE-A3@f '
PAGEto OF 1 E CAW-84-102 q
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 competitors.
,u 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 infonnation is available to competitors m-diminishes the Westinghouse ability to sell proilucts 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.
3 (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 infonnation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(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 research and development depends upon the success in obtaining and maintaining a competitive advantag(.
(iii) The information is being transmitted to the Connission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission.
HFC/0162n/11-20-84 n.
'd1TACHME,NT J'
ST.HL.AE <XS/ I
,pgE, '1 OF q
%~
-5.
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 Rupt;ces t-as the Structural-Design Bases for South Texas Project," dated February 1984, 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 Westinghouse provided that they have the requisite talent and
.,' experience.
Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.
Further the deponent sayeth not.
HFr/0162n/11-20-84
_