ND-20-0164, Affidavit

Affidavit

ML20136A457
Person / Time
Site:	Vogtle
Issue date:	05/15/2020
From:	Harper Z Southern Nuclear Operating Co
To:	Office of Nuclear Reactor Regulation
Shared Package
ML20136A453	List: ML20136A454 ML20136A456 ND-20-0164, Affidavit
References
AW-20-5030, ND-20-0164
Download: ML20136A457 (4)

Text

Southern Nuclear Operating Company ND-20-0164 Enclosure 3 Vogtle Electric Generating Plant(VEGP) Units 3 and 4 CAW-20-5030, Westlnghouse Review of Vogtle 3&4 Flex Plan (This enclosure consists of 4 pages including this cover page)

ND-20-0164 Enclosure 3 Westinghouse Affiidavit, CAW-20-5030 CAW-20-5030 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 SVO-GW-GLY-006 as submitted by Southern Nuclear Operating Company Letter ND-20-0164 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 ofthis 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 ofthe information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

Page 2 of 4

ND-20-0164 Westinghouse Affiidavit, CAW-20-5030 CAW-20-5030 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 Page 3 of 4

ND-20-0164 Westinghouse Affiidavit, CAW-20-5030 CAW-20-5030 Page 3 of3 AFFIDAVIT lower case letters refer to the types ofinformation Westinghouse customarily holds in confidence identified in Sections(5Ka)through (I)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 peijury that the foregoing is true and correct.

Executed on:

Zach^ S. Harper, Manager Licensing Engineering Page 4 of 4