ML21040A168

(Vegp), Units 3 and 4, Affidavit

ML21040A168
Person / Time
Site:	Vogtle
Issue date:	02/03/2021
From:	Harper Z Westinghouse
To:	Office of Nuclear Reactor Regulation
Shared Package
ML21040A163	List: ML21040A164 ML21040A165 ML21040A167 ML21040A168 ND-21-0070, (Vegp), Units 3 and 4, Affidavit
References
CAW-21-5146, ND-21-0070
Download: ML21040A168 (5)

Text

Southern Nuclear Operating Company ND-21-0070 Enclosure 9 Vogtle Electric Generating Plant(VEGP) Units 3 and 4 Westinghouse Proprietary Information Notice, Copyright Notice and CAW-21-5146, Appiication for Withholding Proprietary Information from Pubiic Disclosure and Affidavit (VEGP 3&4-PSI/ISi-ALT-15R1)

(This Enclosure consists of 5 pages, including this cover page)

ND-21-0070 Page 2 of 5 Westinghouse Non-Proprietary Class 3 CAW-21-5146 Page 1 of3 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF BUTLER:

(1) I, Zachary S. Harper, have been specifically delegated and authorized to apply for withholding and execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse).

(2) I am requesting the proprietary portions of LTR-SDA-20-096-P Revision 2 be withheld from public disclosure under 10 CFR 2.390.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse in designating information as a trade secret, privileged, or as confidential commercial or financial information.

(4) Pursuant to 10 CFR 2.390, the following is furnished for consideration by the Commission in determining whether the information 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 and is not customarily disclosed to the public.

(ii) 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 technical evaluation justifications 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 to use the information.

Enclosure 9 ND-21-0070 Page 3 of 5 Westinghouse Non-Proprietary Class 3 CAW-21-5146 Page 2 of3 AFFIDAVIT (5) Westinghouse has policies in place to identify proprietary information. 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 advantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse's competitors 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, method, etc.), the application of which data secures a competitive economic advantage (e.g., by optimization or improved marketability).

(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 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.

(6) The attached documents are bracketed and marked to indicate the bases for withholding. The justification for withholding is indicated in both versions by means of lower case letters(a)through (f) 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 ND-21-0070 Page 4 of 5 Westinghouse Non-Proprietary Class 3 CAW-21-5146 Page 3 of3 AFFIDAVIT refer to the types ofinformation Westinghouse customarily holds in confidence identified in Sections (5Xa)through (f)ofthis Affidavit.

I declare that the averments offact set forth in this Affidavit are true and correct to the best of my knowledge,information,and belief.

I declare under penalty of peijuiy that the foregoing is true and correct.

Executed on:

Zach^ S. Harper, Manager Licensing Engineering ND-21-0070 Page 5 of 5 PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and non-proprietary versions of a document, furnished to the NRG in connection with requests for generic and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.390 ofthe Commission's regulations concerning the protection of proprietary information so submitted to the NRG,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 (f) 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)(f) ofthe Affidavit accompanying this transmittal pursuant to 10 GFR 2.390(b)(1).

COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRG is permitted to make the number of copies of the information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 GFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these reports, the NRG is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRG regulations if the number of copies submitted is insufficient for this purpose. Gopies made by the NRG must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.