ML20236E907

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Requests That Encl Proprietary Amend 3 to Westinghouse Advanced PWR RESAR-SP/90 Preliminary Design Approval Module 16, Probabilistic Safety Study, Be Withheld (Ref 10CFR2.790)
ML20236E907
Person / Time
Site: 05000601
Issue date: 10/08/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Rubenstein L
NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19304B645 List:
References
AW-87-104, NUDOCS 8710300059
Download: ML20236E907 (10)
v • d • e


Text

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0 l Westinghouse Power Systems lysi5Igh u Pennsylvania 15230-0355 Electric Corporation October 8, 1987 AW-87-104 Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Lester Rubenstein, Director l Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment 3 to WAPWR RESAR-SP/90 PDA Module 16, "Probabilistic Safety Study"

Reference:

Letter No. NS-NRC-87-3269, Johnson to Rubenstein dated October 8, )

1987 l l

Dear Mr. Rubenstein:

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 affidevit 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 arnlicable 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. j Correspondence with respect to this application for withholding or the l accompanying affidavit should reference AW-87-104 and should be addressed to l the undersigned.

Very truly yours, Ih/

WMS/bek/3449n

$18. WanaNh Robert A. Wiesemann, Manager Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq. - l Of fice of the General Council, NRC l l

ADO K O A

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1 PROPRIETARY INFORMATION NOTICE J

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1 TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF

. DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENLRIC AND/0R PLANT-SPECIFIC REVIEW AND APPROVAL.

-IN ORDER TO CONFORM T0 THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS-CONCERNING:THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITIED ,

TO THE NRC, THE.INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN l DELETr.D'IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INrDRMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO ,

DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT l IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING l

. IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. -THESE f l

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).  ;

.f AW-82-57 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 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:

~J^ L C u -

n D. McAcco, Assistant Manager Nuclear Safety Department l

Sworn to and subscribed

.before me this / day af h n m IV2 l1982. -

/ l

\ LLLlLU AY Notary Public )

P AULITTE $lCN5KA, MOTARY PUBuC j

'40N29[VIut CC20. Aul0!ENY COUWTT r av C01tutsstem DPtac unca 10,13w menw, Feamstrana Assoastion et Mern ~

'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 sought to be withheld from public dis-closure 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. l 1

I (2) I' am making this Affidavit in conformance with the provisions of .

10CFR Section 2.790 of the Commission's regulations and in con-  ;

junction with the Westinghouse application for withholding ac- l companying this Affidavit.  !

I q

(3) I have personal knowledge of the criteria and procedures utilized i

.I by Westinghouse Nuclear Energy _ Systems in designating information l as a trade secret, privileged or as confidential commercial or  !

financial information. I i

(4) ' Pursuant to the provisions of paragraph (b)(4) of Section 2.790 l of the Commission's regulations, the following is furnished for consideration uy the Commission in determining whether the in-formation 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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  • l AW-82-57 y l

-l L(ii)- The information is- of a type' customarily held in .confidenca-  !

i

<by Westinghouse and not customarily disclosed to the public.  :

Westinghouse-has a rational: bas'is for ' determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and j whether to hold certain types of information in confidence, j The application of that. system and the substance of that system constitutes Westinghouse policy and provides the' l rational basis. required.

Under that system, information is held in confidence if it j 1

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: I l

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

where. prevention of its use by any of Westinghouse's competitors without license from Westinghouse cdnsti-  !

tutes a competitive economic advantage over other  !

companies.  !

('b ). It consists of supporting data, including test data, relative to a process (or component, structure, teol, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimi:ation or improved marketability.

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c. . AW-82-57 h

(c) 'Its use by a competitor would reduce his expenditure

.f of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance-of-quality, or. licensing a similar p.oduct.

(d) It reveals cost or price information, production cap-acities, budget levels, or commercial -strategies of l Westinghouse, its customers or suppliers.

i (el It ' reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

(f). It contains patentable ideas, for which patent pro- l taction may be desirab.le.

(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 I which include the following:

(a) The use of such information by Westinghouse gives ,

Westinghouse a competitive advantage over its com- J petitors. It is, therefore, withheld from disclosure j to protect the Westinghouse competitive position.

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AW-82 i

'(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 i sell' products.and services involving the use of the  !

information.

l (c) Usa by our competitor would put Westinghouse at a j competitive disadvantage by reducing his expenditure l of' resources'at our expense.

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(d ). Each component of proprietary information pertinent -l to a particular ' competitive advantage is potentially I as valuable as the'. total competitive advantage. If competitors acquire components of. proprietary infor-'

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mation, any' one component may be the key to the entire  ;

puzzle, thereby depriving Westinghouse of a competitive l c advantage.

(e) Unrestricted disclosure would jeopardize the positi6n 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 comp.:itive advantage.

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~ AW-82-57' i

(iii) 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. j 1

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(.iv) The information sought to be protected is not,available in public sources or available information has not been pre-viously employed in the same original manner or method to q the best of our knowledge and belief.

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

Public disclosure of this information 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 WAPWR; Westinghouse plans for future design, testing and analysis aimed at design verification; and demonstration of the j

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 years in carrying out this particular l

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AW-82-57 development program. Further, it would enable competitors to l

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.

Information regarding its development programs is valuable to

. Westinghouse because:

(.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 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 acqu re components of proprietary information, d

any one component may be the key to the entire pu::le thereby depriving Westinghouse of a competitive advantage.

e.E, 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.

t 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 tc that of Westinghouse to develop the design.

Further the deranent sayeth not.

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