NRC-86-3150, Forwards Nonproprietary & Proprietary Amend 1 to RESAR-SP/90 Preliminary Design Approval Module 9, Instrumentations & Controls & ... & Jd Mcadoo Affidavit Re Proprietary Info. Proprietary Amend Withheld (Re 10CFR2.790)

Forwards Nonproprietary & Proprietary Amend 1 to RESAR-SP/90 Preliminary Design Approval Module 9, Instrumentations & Controls & ... & Jd Mcadoo Affidavit Re Proprietary Info. Proprietary Amend Withheld (Re 10CFR2.790)

ML20207F142
Person / Time
Site:	05000601
Issue date:	07/14/1986
From:	Rahe E WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Lyons J Office of Nuclear Reactor Regulation
Shared Package
ML19292F615	List: ML20207F036 ML20207F164 NRC-86-3150, Forwards Nonproprietary & Proprietary Amend 1 to RESAR-SP/90 Preliminary Design Approval Module 9, Instrumentations & Controls & ... & Jd Mcadoo Affidavit Re Proprietary Info. Proprietary Amend Withheld (Re 10CFR2.790)
References
NS-NRC-86-3150, NUDOCS 8607220481
Download: ML20207F142 (11)

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Nucleadechmlagy Divisim Westinghouse Water Reactor Electric Corporation Divisions Box 355 PittsburghPennsylvanla 15230 July 14, 1986 NS-NRC-86-3150 Docket No. STN-50-601 Mr. Jim Lyons, Chief Technical and Operations Support Branch Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Document Control Desk Attention: Steven M. Long, Project Manager PWR Licensing-A, Directorate #5

Subject:

Amendment 1 to WAPWR RESAR-SP/90 PDA Module 9 " Instrumentations &

Controls and Electric Power"

Dear Mr. Lyons:

Enclosed are:

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1. Forty-one (41) copies of Amendment 1 to WAPWR RESAR-SP/90 PDA Module 9,

" Instrumentations & Controls and Electric Power" (Pro;rietary).

2. Four (4) copies of Amendment 1 to WAPWR RESAR-SP/90 PDA Module 9, l " Instrumentations & Controls and Electric Power" (Non-Proprietary).

Also enclosed are:

1. One (1) copy of Application for Withholding, AW-86-058, (Non-Proprietary) with Proprietary Information Notice.

2. One (1) copy of Af fidavit ( AW-82-57) (Non-Proprietary).

The enclosed amendment provides additional information for RESAR-SP/90 PDA i

• Module 9, " Instrumentations & Controls and Electric Power". An instruction sheet is included with each copy to facilitate insertion of this amendment.

This submittal contains Westinghouse proprietary information - commercial and -

financial information which we consider privileged or confidential. It is of a type customarily held in confidence by Westinghouse and is customarily not l

disclosed to the general public.

I 8607220481 860714 PDR ADOCK0500g1 K

Mr. Jim Lyons July 15,1986 NS-NRC-86-3150 This information is being furnished in accordance with the request of the Commission and pursuant to the Commission's general powers under Section 161 of the Atomic Energy Act of 1954, as amended. Accordingly, it is requested that the Westinghouse proprietary information attached hereto be handled on a confidential basis and be withheld from public disclosure.

This material is for your internal use only and may be used only for the purpose for which it is submitted. It should not be otherwise used, disclosed, duplicated or dissemiated, in whole of in part, to any other person or organization outside the Office of Nuclear Reactor Regulation without the prior written approval of Westinghouse. Correspondence with respect to the Application for Withholding should reference AW-86-058 and should be addressed to R. A. Wiesemann, Manager for Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsylvania 15230-0355.

Very truly yours,

,W l yv w cm

. P. Rahe, Jr., Manager Nuclear Safety Department Enclosure (s)

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cc: V. Noonan l

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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM 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 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 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 0F 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 COMMONWEALTri 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY: i Before me, the undersigned authority, personally appeared John D. McAdoo, 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:

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.n D. McAcco, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day j of h.wm/v.t/1982.

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$2.LlLY Notary Public PAULITTE SLONSKA, McTARY PU8UC

'40Nt9EVILLE 8020. ALLirHENT COUNTT NT CCHMI53104 EIF12E3 MARCH 10.198E' mester Pennsvivassa Association of Mat." a*

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AW-82-57 (1) I am Assistant Manager, Nuclear Safety Department, 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.

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

(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.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790

($ 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.

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

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AW-T,2-57 (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 information 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 a prccess (or component, stru'cture, tool, method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westingnouse cdnsti-l' tutes a competitive economic advantage over other companies.

l (bl. It consists of supporting data, including test data, relative to a process (or component, structure, tool, l

method, etc.), the application of which data secures a competitive economic advantage, e.g. , by optimization or improved marketability.

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p_,_ __ __ _ ._ - . - _ _ _ _ . _. _ ____. _ __ _._ _ _ _ _ . . . . _ . _

AW-c2-57 (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 infomation, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential comercial value to Westinghouse.

(f), It contains patentable ideas, for which patent pro-taction may be desirab.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 Westinghouse competitive position.

r 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- f

-mation, any one component may be the key to the entire j l 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. '

(fl The Westinghouse capacity to invest corporate assets in research and development depends upon the success l in obtaining and maintaining a competitive advantage.

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AW-82-57 (iii) The information is being transmitted to the Ccmmission 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.

(vl The proprietary information 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. In addition, it establishes the WAPWR position with respect to each recuire-ment.

Public disclosure of this information is likely to cause sub-l stantial harm to the competitive position of Westinghouse as l it would reveal the description of the improved design features of the WAPWR; Westinghouse plans fcr 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 of this information is of competitive value because of the large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular

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AW-82-57 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 information.

Information regarding its development programs is valuable to

. Westinghouse because:

(.a) Infomation 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 information 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-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary 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 pu::le

thereby depriving Westinghouse of a competitive advantage.

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r 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 similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design. 5 Further the deponent sayeth not.

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