ML20236V068

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Requests That Proprietary Amend 2 to RESAR-SP/90 Pda Module 1,Primary Side Safeguards Sys & Amend 1 to RESAR- SP/90 Pda Module 13,Auxiliary Sys Be Withheld,(Ref 10CFR2.790)
ML20236V068
Person / Time
Site: 05000601
Issue date: 11/23/1987
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
ML19302D109 List:
References
AW-87-117, NUDOCS 8712040067
Download: ML20236V068 (10)
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Westinghouse Power Systems [n?jgh PennsyNania 152300355 Dectric Corporation November 23, 1987 AW-87-117 Docket No. STN-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 WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

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

" Primary Side Safeguards System", and Amendment 1 to WAPWR RESAR-SP/90 PDA Module 13 " Auxiliary Systems"

Reference:

Letter No. NS-NRC-87-3291, Johnson to Rubenstein dated November 23, 1987 '

Dear Mr. Rubenstein:

l 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-86-3175 dated October 29, 1986, and is equally applicable to this material.

Accordingly, it :s 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-87-117 and should be addressed to the undersigned.

Very truly yours, LL lift'lLXZAlf WMS/bek/3449n Robert A. Wiesemann, Manager Enclosure (s) Regulatory & Legislative Affairs -

cc: E. C. Shomaker, Esq.

Office of the General Council, NRC h20NO K I K

PROPRIETARY INFORMATION NOTICE l

'i TRANSMITTED HEREWITH ARE PROPRI'ETARY'AND/0R NON-PROPRIETARY-VERSIONS 0F .

l DOCUMENTS FURNISHED T0 THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL. i IN ORDER- TO C0'NFORM 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 WITHIN BRACKETS AND WHERE THE PROPRIETAR~Y 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 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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AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, whc., !eing by me duly sworn according to law, deposes and says that he is iuthorized 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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n D. McAcco, Assistant Manager Nuclear Safety Department j Sworn to and subscribed before me this / day of ht6rx.dic/1982.

\LLLlLY Notary Public  !

PeutEfft SLCR$1A. ROTARY PUBUC UCN29(YtLLE 5030. ALLICMENT CoutfTT 57 CCMM113104 (17120 MARCH 10. LS86' Wemter. Pennsvivand Associatiovi cf Memeu

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AW-82-57

'(1) I 'am' Assistant Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Wet tinghouse 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.

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(2) I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding ac-_

companying this Affidavit. l

! (3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Eneigy 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 j of the Comission'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. -

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

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AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is for determining the types of infomation 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 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:

(.a ). The information reveals the distinguishing aspects of i

a process (or component, stru'cture, tool, method, etc.)

where prevention of its use by any of Westinghouse's f competitors w'ithout license from Westinghouse cdnsti- f tutes a competitive economic advantage over other companies.

(bl. It consists of supporting" data, including test data, relative to a process (.or component, structure, tool, I method, etc.), the application of which data secures a i

competitive economic advantage, e.g., by optimization or improved marketability. .

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- AW-82-57 l

(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 cap-I acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(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.

Cf). It contains patentable ideas, for which patent pro-taction may be des'irab.le.

(gl 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 com-petitors. It is, therefore, withheld from disclosure to protect the Westir.ghouse competitive position. .

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'. AW-82-57 (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) Usa by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

Gd), 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 infor-

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ination, 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 j of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries. j (fl The Westinghouse capacity to invest corporate assets j in research and development depends upon the success i in obtaining and maintaining a competitive advantage.

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AW-82-57 q (iii) .The information is being transmitted to the Commission in ]"

confide'nce and, under the provisions of 10CFR Section 2.790,

  • it is to be received in confidence by the Comission.

Civ) 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.

(v). The proprietary infomation 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. ln acidition, it establishes the WAPWR position with respect to each require-ment. ,

Pubite 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 an'a lysis 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 large amount of effort and money expended by Westir.ghouse over a period of several years in carrying out this particular ,I

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  • l AW-82-57 I

l l 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.

Infomation regarding its development programs is valuable to

. Westinghouse because:

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

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

(b) It is infomation 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- i petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of propriet'ary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, any one component may be the key to the entire puzzle ,

thereby depriving Westinghouse of a competitive advantage.

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. l 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.

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 timilarly 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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