ML20236F555

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Requests That Proprietary Amend 1 to RESAR-SP/90 Pda Module 2, Regulatory Conformance Be Withheld from Public Disclosure,Per 10CFR2.790
ML20236F555
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
ML19304B654 List:
References
AW-87-103, NUDOCS 8711020200
Download: ML20236F555 (10)
v • d • e


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x 355 Westinghouse PowerSystems [n33ppenn,gng5g99a55 Electric Corporation October 8, 1987 AW-87-103 Docket No. SIN-50-601 Document Control Desk

'U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Lester Rubenstein, Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WI1HHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment 1 to WAPWR RESAR-SP/90 PDA Module 2, 3

" Regulatory Conformance"

Reference:

Letter No. NS-NRC-87-3270, Johnson to Rubenstein dated October 8, 1987

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 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 I

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 af fidavit should reference AW-87-103 and should be addressed to the undersigned.

Very3truly yours,

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],f' !L6 q fJLguuav) l WMS/bek/3449n Robert . esemann, Manager  !

Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq. I Office of the General Council, NRC l

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTSFURNISHEDTOTHENRCINCONNECTIONWITHREQUfST 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 T0 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 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 IMMEDIATELY'FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE I LOWER. CASE LETTERS REFER TO THE 1YPES OF INFORMATION WESTINGHOUSE CUSTOMARILY l HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F I

.THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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-AW-82 ,

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY: .

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1 Before me, the undersigned authority, personally appeared n

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John.D. McAdoo, who, being by me duly sworn according to law, deposes 1 and'says that he is authorized to execute this Affidavit on behalf of I Westinghouse Electric Corporation (" Westinghouse") and that the averments 1 of fact set forth in this Affidavit are true and correct to the best.of:

his knowledge, information, and belief:

~w M C u- l n D. McAcco, Assistant Manager Nuclear S n'ety Department i

Sworn to and subscribed before me this / day of hwrulW /1982.

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$4LblY A Notary Public P AULITit St0M3XA. MTARY PUBUC 20Mrgffitit 0020, AlltutMT CoUm 37 C011M133104 07120 EARC)110,1986' memw, Pesmytrand Association of Mat."

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(1)' I am Assistan_t Manager, Nuclear Safety Department, in.the' Nuclear.

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Technology Division, of. Westinghouse Electric Corporation and as j such,EI have.been;specifically-delegated the function of reviewing ' )

the proprietary information soughtito ba withheld from public dis-closure :fn connection.:with' nuclear power plant licensing- or ' rule- 1

  1. making proceedings, and am authorized to apply for'its withholding d l :on' behalf of the Westinghouse Water Reactor Divisions. 1 1

(2) I am making.this Affidavit in conformance with the provisions of 10CFR Section~ 2.790 of the Commission's regulations and in con-

." )1 junction with the Westinghouse.e application for withholding ac- j f companying this Affidavit.  !

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-(3) 'I have personal -knowledge of the criteria and procedures utilized by' Westinghouse Nuclear: Energy _ Systems in designating information as a trade secret, prikileged 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 i + consideration by' the Comission in ' determining whether the in-fomation sought to be withheld from 'public disclosure should be withheld.

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

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The Information is of a type cust$marily'heldnin confidence-tby Westingho'use"and not customarily' disclosed.to the public.

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' Westinghouse- has 'a' rational bas'is for determining the' type's

, g 'of information customarily. held in confidence by"it and, in-that connection - utilizes a system to detennine when and '

whether:to ' hold certain: types of information.in confidence.

, LThe application o.f that system and the substance of that l system constitutes Westinghouse policy and provides the rational basis required.

lJnder that system, information is held in confidence if it ,

, ifalls,fn one or more of several . types, the release of which '

might result in.the loss .of an existing or potential ~ com-petttive' advantage, as.folloWed oo y

_(.a) ~The information reveals the distinguishing aspects of a process (or component, :,'ru'cture,-

t 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,

- relativetoaprocess(Lo.,r component, structure, tool,

- method, etc.), the application of which data secures a competitive economik advantage, e.g. , by optimization or improved marketability.

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A (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.

-l (d); It reveals cost or price information, production cap- '

i acities,fbudget levels, or commercial strategies of

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A" Westinghouse,l1ts customers or suppliers.

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.(el It reveals aspects of past, present, or future West-I 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 desirab.le.

(gl It is not the property of Westinghouse, but must be treated as: proprietary by Westinghouse according to j agreements with.the owner.

-There.are sound policy reasons behind the Westinghouse system i which include the following:

I (a) The use of-such information by Westinghouse gives -

Westinghouse a competitive advantage over its com-

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

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[(b) It is information which is marketable in many ways. )

% ' The extent t: which such information is available tjo l 1,, competitors diminishes the Westinghouse abilitk to a

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(c)'. Usa' by our competitor would put Westinghouse'.at s bN . competitive dis 6ShtM> ge by *cducing his expenditure-

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n Ol' to a particula M ompet ive advantage is potentially 4

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% - as valuable mthe totad competit1ve advantage. dhg-t s 1

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i c cmpeti, tors acquire ecmp,onerjts of ' proprietary inter-9

~mation~,[h'ay one comparmnt mdy'be the key to the' entire i f

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(e) UnrestricteNdisclosurewouldjeopardizetheposition I

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^ of. pi ominence of 'Jehxtinghouse in the world market,

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/ (.f). The Westinghouse capacity to invest corporate assets in reseirch.ar.d development depends upon, the Uccess in obtaktbg and maintafe.ing a competit(ve advantage.  !

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(iii)L -The information is 'being ' transmitted to. the Commission in 1 confidence and., under the provisions of 10CFR Section 2.790,

'it.fs to'be' received in confidence by the C6.mmission.

< (;1v) .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 L

the.best of our knowledge and belief.

(v1 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-features:and improvements which the WAPWR'will'have in order to meet current reguTatory requirements. In' addition,:it establishes lthe.WAPWR position with. respect to each require-ment.-

Public d'isclosure 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 an'alysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All. df this information is of competitive value because of the i

large amount of effort and' money expended by Westinghouse over F a period of several' years in carrying out this particular

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development program. Further, it would enable competitors to use the information for comercial purposes and also.to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the .infomation.

Information regarding its development programs is valuable to

. Westinghouse because:

(.a) Infomation resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld from disclosure to prttect the l 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 j valuable as the total competitive advantage. If com-4 petitors acquire components of proprietary information, any one component may be the key to the entire puzzle  !

thereby depriving Westinghouse of a competitive advantage. l l 1

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.j (e)' The Westinghouse capacity to invest corporate assets in  !

research and development depends upon the success in-

. obtaining and maintaining a competitive advantage. l Being'an innovative concept,1 this information might- not be discovered'by the competitors of Westinghouse independently.  ;

To duplicate this information, competitors would first have l 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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