ML20236H195
| ML20236H195 | |
| Person / Time | |
|---|---|
| Site: | Vogtle  |
| Issue date: | 10/27/1987 |
| From: | Bailey J GEORGIA POWER CO. |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| References | |
| GN-1410, NUDOCS 8711030508 | |
| Download: ML20236H195 (8) | |
Text
1 l
Georgia Power Company Route 2, Box 299A Georgia 30830 Waynesboro,,4 554-9961:
Telephone 40 404 724 8114 l
Southern Company Services, Inc.
Post Office Box 2625 Birmingham, Alabama 35202 Telephone 205 870 6011 Vogtle Proj.ect October 27, 1987 United States Nuclear Regulatory Commission File: X7BC35 Document Control Desk Iog: GN-1410 Washington, D.C.
REF:
Letter Number GN-429, dated 10/12/84 NRC DOCUMENT NUMBERS 50-424 AND 50-425 OPERATING LICENSE NPF-68 CONSTRUCTION PERMIT NUMBER CPPR-109 V0GTLE ELECTRIC GENERATING PLANT UNITS 1 AND 2 AFFIDAVIT SUBMITTAL FOR REFERENCE LETTER Gentlemen:
Ihe reference letter was a proprietary submittal to NRC question 492.1.
The i
application for withholding was contained in the submittal. ' The affidavit (CAW-82-83) was referenced to a previous Westinghouse submittal.
Your' staff l
recently reauested a copy of the affidavit (attached) which was referenced in and supports the reference proprietary submittal.
Should you have any questions, please inquire.
Sincerely, i
J. A. Bailey Project Licensing Manager i
l l
JAB /KWK/1g Attachment xc: NRC Regional Administrator J. E. Joiner, Esquire NRC Resident Inspector M. A. Miller (2)
J. P. O'Reilly G. Bockhold, Jr.
R. E. Conway R. W. McManus L. T. Gucwa Vogtle Project File R. A. Thomas 1324V l
0I 9
t B711030506 B71027 PDR ADOCK 050004r P
ppg
CAW-82-32 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:
f M
Robert A. Wiesemann, Manager Regulatory and Legislative Affairs 9
Sworn to and subscribed RD before me this 33 day of M3/JdA> 1987.
M.
hEh l
Notary Public i
LORRAINE M. PIPilCA. NOTARY PUBtlC MONRDEVillE BORD. AllICl!ENY COUNTY MY COMMISSION EXPIRES Cl0 14,1987 Member. Pennsylvania Association of Notanes O
.~
~ CAW-82-32 (1)
I.am Manager, Regulatory and Legislative Affairs, 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 (2)
I am making this Affidavit in conformance with the provisions of I
l 10CFR Section 2.790 of the Commission's regulations and in con-junction with the' Westinghouse application for. withholding ac-l companying this Affidavit.
1' (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 commercial or financial information.
1 (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 by 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.
t 9
i i
F
___.______._._____m._
., CAW-82-32 (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 i
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 j
rational basis required.
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 com-petitive advantage, as follows:
1 (a) The information reveals the distinguishing aspects of
{
a process (or component, structure, tool, method, etc.)
l l
where prevention of its use by any of Westinghouse's l
competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.
l (b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a l
competitive economic advantage, e.g., by optimization j
or improved marketability.
l l
1 I
m________.-______
I
s j
i CAW-82-32 p
(c).Its use by a competitor would reduce his expenditure'
{
of resources or-improve his -competitive position in the j
design, manufacture, shipment, installation, assurance i
of quaiity, or licensing a similar 'p oduct.
I (d)
It-reveals cost or price information, production cap-acities budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
l (e)
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 1deas, for which patent ' pro-.
l tection may be desirable.
)
(g)
It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to d
agreements with the owner.
1 l
There are sound policy reasons behind the Westinghouse system l
which include the following:
1 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.
.. - - _ - - - - - - -y i
., CAW-82-32 (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 l
competitive disadvantage by reducing his expenditure 1
of resources at our expense.
(d) Each component of proprietary information pertinent to a particular competitive advantage is potentially 4
as valuable as the total competitive advantage.
If 1
competitors acquire components of proprietary infor-t mation, 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 maintai.: ng a competitive advantage.
l l
l L
)
i CAW-82-32 l
j (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.
(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 the best of our knowledge and belief.
l (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Analytical Assessment for Effects of Loose Parts being transmitted by the Commonwealth Edison Company letter (Application for With-holding), Lentine to Eisenhut, June 1982.
The proprietary information as submitted is expected to be applicable in other licensee and applicant submittals in response to NRC requirements for justification of the vessel internals integrity, design and operation.
i This information is part of that which will enable Westinga house to:
(a)
Provide documentation of the design, investigation and analysis for continued product integrity.
(b) Assist the customer to obtain NRC approval.
Further this information has substantial commercial value as follows:
J
[
", * -CAW-82-32 (a) Westinghouse plans to use similar information for its customers for purposes of meeting NRC requirements for licensing documentation.
1 (b) Westinghouse can provide support and defense of the.
technology to-its customers in the licensing process.
.l Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors _to pro-1 vide similar analytical documentation.and licensing defense services for commercial power reactors without commensurate l
expenses. Also, public disclosure of the information would enable others to use the information to meet NRC require-l ments without purchasing the right to use the information.
l
'1
-The development-of the technology described in part by the-1 l
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 programs would have to be performed with significant manpower effort, requisite talent and experience, and would have to develop analytical and physical tools.
Further the deponent sayeth not.
! +.
I
'L___
- - - - - - - - - -