ML20235Z071
| ML20235Z071 | |
| Person / Time | |
|---|---|
| Site: | San Onofre  |
| Issue date: | 02/10/1989 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML13303B064 | List: |
| References | |
| CAW-89-029, CAW-89-29, SPE89-044, SPE89-44, NUDOCS 8903150115 | |
| Download: ML20235Z071 (10) | |
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. Westinghouse Nuclear Cornpanents Division Electric Corporation gax3333 Pensacola Fionda 32536 1904'477 0535 SPE89-044 February 10,1989 CAW-89-029 Dr. 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 Sub.icct:
Southern California Edison Spent Fuel Storage Rack Licensing Application
Dear Dr. Murley:
The proprietary information for which witholding is being requested in the enclosed letter by Southern California Edison is further identified in affidavit CAW-89-029 signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanied this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Southern California Edison.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89-029, and should be addressed to the undersigned.
Ver truly yours,
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Robert A i semann, Manager Regulatory & Legislative Affairs Enclosures
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cc:
E. C. Shomaker, Esq.
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Office of the General Counsel, NRC 8903150115 890310
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6 CAW-89-029 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersign'ed 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 foria in this Affidavit are true and correct to the best of his knowledge, information, and belief:
ufudwin) h Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed 4
before me this /Nay i
of I/Am 1989.
hAsul N.
W Notary Public NOTAR;AL SEAL LORRAINEM PIPLCA,NOTARYPUBLC MONROEVILLE BORO, ALLEGHENf COUNTY MYCOMV5 SON EXP;RES DEC.14.1991 Marr.ber Parvwytvana Assocatonof Ncures
. CAW-89-029 i
l (1)
I ain Manageri Reguhtory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the 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 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.
l (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.
(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 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 I
consideration by the Commission in determining whether the j
information sought to be withheld from public disclosure should be I
withheld.
l (1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
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CAW-89-029 i -
i (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.
l 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 1
advantage, as follows:
l (a) The information reveals the distinguishing aspects of a i
process (or component, structure,' tool, method, etc.) where.
prevention of its'use by any of Westinghouse's competitors 1
without license from Westinghouse constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool,
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method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.
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. GW 49-029 (c)- Its use by a competitor would reduce his expenditure of-resourcesor.improvehiscompetitivepositioninthe design, manufacture, shipment, installation, assurance of quality, or licensing a similar product..
l (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.
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' CAW-89-029 e
(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 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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~, CAW-89-029 iiii)
The information is being transmitted to the Commission 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 information has not been previously 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 submittal is that which is appropriately marked in
" San Onofre Units 2 & 3 Fuel Rack Seismic Analysis Methods and Parameters", Revision 1 February 1989, WCAP-8901 (Proprietary), for San Onofre Nuclear Generating Station, Units 2 & 3, being transmitted by the Southern California Edison (SCE) Company letter and Application for Withholding Proprietary Information from Public Disclosure, Kenneth Baskin, SCE, to USNRC Document Control Desk Attention Tom Murley, February,1989. The proprietary information as submitted for use by Southern California Edison Company for the San Onofre Units 2 & 3 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of obtaining licensing approval for spent fuel storage racks.
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3* l, CAW-89-029 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation of the analysis methods and :
parameters for determining spent fuel rack displacements during a seismic event.
(b) Assist _the customer to obtain NRC liicensing approval.
Further this information has substantial commercial value as follows:
(a) Westinghouse plans to' sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
(b) Westinghouse can sell support and defense-of the technology to its customers in future spent fuel rack orders.
Public, disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical methodology and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right tc use the information.
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The d' velopment of the technology described in part by the e
information is"the result of. applying the results of many years of experience in an intensive Westinghouse effort and.
the expenditure of a' considerable sum'of money.
In order for competitors of Westinghouse to duplicate this information, similar technical programs would have to be performed and a significant manpower effort,.having the-requisite talent and experience, would have to be expended for testing and methodology development.
Further the deponent sayeth not.
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l PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUhDlTS 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 SD SUBMITTED TO THE NRC THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRAL;ETS 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.0F LO' DER 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 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)(1).
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