ML20235N445

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Application for Withholding Proprietary Amends 1a & 2 to Wapwr RESAR-SP/90 Pda Module 7, Structural/Equipment Design, from Public Disclosure
ML20235N445
Person / Time
Site: 05000601
Issue date: 02/14/1989
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Chris Miller
Office of Nuclear Reactor Regulation
Shared Package
ML20011C562 List:
References
AW-89-024, AW-89-24, NUDOCS 8903010217
Download: ML20235N445 (10)
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i Westinghouse EnergySystems gan nn, ngu99 9ag Electric Corporation February 14, 1989 AW-89-024 Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L. Miller, Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendments la and 2 to WAPWR RESAR-SP/90 PDA Module 7,

" Structural / Equipment Design"

Reference:

Letter No. NS-NRC-89-3400, Johnson to Miller dated February 14, 1989

Dear Mr. Miller:

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 affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-NRC-85-3001, dated January 31, 1985 and is equally applicable to this materic1.

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-89-024 and should be addressed to the undersigned.

Very truly yours, n

- Ufeith2ttu Robert A. Wiesemann, Manager WMS/bek/0291B Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

, Office of the General Counsel, NRC 8903010217 890214 DR ADOCK 0500 1

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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 REQUESTS FOR GENERIC AND/0R 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 PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED W. THIN 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 JUSTIFICATION FOR CLAIMING THE 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 BRACKETS ENCLOSING EACH ITEM 0F 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 TO 10CFR2.790(b)(I).

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AW-88-122 AFFIDAVIT COMMONWEALTH 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:

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Rottert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 74 day of M W I988.

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l Notary Public NOTARIAL SEAL LORRAINE W. P6PL!CA, t.o?ARY FV3Lt MoNRotVr.LE BORO. ALLEGHENY OCUNTY MY CoMM$$CN EXP1RES DE: 14.19?1 Womte. Pennsytvaw Assesat.:n MIMA =.s

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i AW-88-122

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(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically delegated the j function of reviewing the proprietary information sought to be ]

withheld from public disclosure in connection with nuclear power l plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units.

(2) 1 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 accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units 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.

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

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i AW-88-122 (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 I 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.

Under that system, information is held in confidence if it falls -j 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:

(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 constitutes a competitive y economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, j method, etc.), the application of which data secures a i competitive economic advantage, e.g., by optimization or l

improved marketability.

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AW-88-122' (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 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 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.

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.

It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

AW-88-122

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l (b) It is information which is marketable in many ways. The extent to which such information is available to j competitors diminishes the Westinghouse ability to sell j 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 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 of those countries.

(f) 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-88-122 (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the

" Westinghouse Advanced Pre.ssurized Water Reactor (MAPWR)

Licensing Control Document", Amendment 4 to MAPWR RESAR-SP/90 PDA Module 5, " Reactor System", being transmitted by Westinghouse, W. J. Johnson, Manager Nuclear Safety Department to NRC, C. L. Miller, Director, Standardization and Non-Power Reactor Project Directorate, NS-NRC-88-3382, November 8, 1988.

This document identifies specific design features and improvements which the MAPWR will have in order to meet current regulatory requirements. In addition, it establishes the MAPWR position with respect to each applicable requirement.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the MAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals. All of this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several y2ars in carrying out this particular development program. Further, it would enable competitors to use the information for commercial purposes and also to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the information.

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AW-88-122 1

L Information regarding its development programs is valuable to Westinghouse because:

1 (a) Information resulting from its development-programs gives l

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 competitors 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 competitor advantage is potentially as va'luable 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 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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1 AW-88-122  ;

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i l 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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