ND-21-0843, Enclosure 4: Westinghouse Electric Company - Affidavit for Withholding of Enclosure 5

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Enclosure 4: Westinghouse Electric Company - Affidavit for Withholding of Enclosure 5
ML21278A357
Person / Time
Site: Vogtle  Southern Nuclear icon.png
Issue date: 10/01/2021
From: Schoedel A
Southern Nuclear Operating Co, Westinghouse
To:
Office of Nuclear Reactor Regulation
Shared Package
ML21278A352 List:
References
EA-21-109, IR 2021010, ND-21-0843
Download: ML21278A357 (4)
v • d • e


Text

Southern Nuclear Operating Company

ND-21-0843

Enclosure 4

Affidavit for Withholding of Enclosure 5

(This Enclosure consists of 3 pages, not Including this cover page)

U. S. Nuclear Regulatory Commission ND-21-0843 Enclosure 4 Page 1 of 3

Westinghouse Non-Proprietary Class 3

CAW-21-5228 Page 1 of3

COMMONWEALTH OF PENNSYLVANIA:

COUNTY OF BUTLER:

(1) I, Anthony J. Schoedel, 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-APlOOO-PRA-21-011-P, Rev. 1 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) The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouse's knowledge, is not available in public sources.

(iii) Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld from public disclosure. Nevertheless, 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 U. S. Nuclear Regulatory Commission ND-21-0843 Enclosure 4 Page 2 of 3

Westinghouse Non-Proprietary Class 3

CAW-21-5228 Page 2 of 3

others to use the information to meet NRG requirements for licensing documentation without purchasing the right to use the information.

(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.

U. S. Nuclear Regulatory Commission ND-21-0843 Enclosure 4 Page 3 of 3

Westingjiouse Non*Piroprietaiy Class 3

CAW-21-5228 Page 3 of 3

(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) throu^ (Q 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 (SXa) through (f) of this Afiidavit

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

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

Executed on:

Anthony J. Schoedel, Manager eVinci Licensing & Configuration Management

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