View source for NRC-86-3136, Forwards Proprietary & Nonproprietary Amend 1 to RESAR-SP/90 Preliminary Design Approval Module 7, Structural/Equipment Design, Providing Addl Info.Proprietary Version Withheld (Ref 10CFR2.790)

{{Adams
| number = ML20198T018
| issue date = 05/30/1986
| title = Forwards Proprietary & Nonproprietary Amend 1 to RESAR-SP/90 Preliminary Design Approval Module 7, Structural/Equipment Design, Providing Addl Info.Proprietary Version Withheld (Ref 10CFR2.790)
| author name = Rahe E
| author affiliation = WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
| addressee name = Denton H
| addressee affiliation = NRC OFFICE OF NUCLEAR REACTOR REGULATION (NRR)
| docket = 05000601
| license number = 
| contact person = 
| document report number = NS-NRC-86-3136, NUDOCS 8606110228
| package number = ML20198T016
| document type = CORRESPONDENCE-LETTERS, INCOMING CORRESPONDENCE, VENDOR/MANUFACTURER TO NRC
| page count = 11
}}

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{{#Wiki_filter:_ ________ ___-_
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Westinghouse Electric Corporation PowerSystems                                          BysMnngg3.
3 May 30, 1986 NS-NRC-86-3136 Docket No. STN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.         20555

==Subject:==
Amendment 1 to WAPWR RESAR-SP/90 PDA Module 7,
                       " Structural / Equipment Design" Attention:      S. Long, Project Manager PWR Licensing-A, Olrectorate #5

==Dear Mr. Denton:==

Enclosed are:
: 1.      Forty-one (41) copies of Amendment 1 to WAPWR RESAR-SP/90 PDA Module 7,
              " Structural / Equipment Design" (Proprietary).
: 2.      Four (4) copies of Amendment I to WAPWR RESAR-SP/90 PDA Module 7
              " Structural / Equipment Design" (Non-Proprietary).
Also enclosed are:
: 1.      One (1) copy of Application for Withholding, AW-86-045, (Non-Proprietary) with Proprietary Information Notice.
: 2.      One (1) copy of Affidavit (AW-8?-57) (Non-Proprietary).
The enclosed amendment provides additional information for RESAR-SP/90 PDA Module 7, " Structural / Equipment Design". An instruction sheet is included with each copy to facilitate insertion of this amendment.
This submittal contains proprietary information of Westinghouse Electric Corporation.        In conformance with the requirements of 10CFR Section 2.790, as amended, of the commission's regulations, we are enclosing with this submittal an application for withholding from public disclosure and an affidavit. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the commission.
0606110220 060530 PDR    ADOCKOD00gg1 K

Mr Harold R. Denton                                                         May 30, 1986 NS-NRC-86-3136 Correspondence with respect to the Af fidavit or Application for Withholding should reference AW-86-045 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, E. P. Rahe, Jr., Manager Nuclear SafetyJepartment WMS/bek/1255n Enclosure (s) cc:                                       V. Noonan S. Long

l PROPRIETARY INFORMATION NOTICE l
l TRANSMITTED HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.
l
! IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SU8MITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS i IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN
! OELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE 8 RACKETS REMAIN, THE INFORMAi!ON THAT WAS CONTAINED WITHIN THE 8 RACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS SY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT IMME01ATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMA110N. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(li)(a) THROUGH (4)(ii)(g) 0F THE AFF10AVli ACCOMPANYING THIS TRANSM! ITAL PURSUANT TO 10CFR2.790(b)(1).
L

e AW-82-57 AFFICAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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:
                                                     \z            _
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n D. McAcco, Assistant Manager Nuclear Safety Department             -
                                                                                                ~
Sworn to and subscribed before me this / day of h e w 34t/1982.                                                                      *
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Notary Public Pautmt staes A nota 87 pusuc 24heenitti Se00. ALtisMHf COUWTT l
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                                                     ~
AW-82-57 (1)       1 am Assistant Manager, Nuclear Safety Department, in the Nuclear
       ' ~
x            Technology Div'ision, of Westinghouse Electric Corporation and as T.           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 tifs ' Affidavit in conformance with the provisions of 10CTR Section 2.790 of the Commissicn's regulations and in con-
                              " function with the Westinghouse apclication for withholding ac  -
companying this Afffddvit.
(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 comercial or financial information.
(4)       Pursuant to the provisions of paragraph (b)(4) of Section 2.790 s                   of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-fonnation sought to be withheld from public disclosure should be    s i         -
withheld.                               ,
                                                                            ~
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{.1 ) The information sought to be withheld frcm public disclosure is owned and has be'en held in confidence by Westinghouse.
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l AW-82-57 t
i (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 mignt result in the loss of an existing or potential com-petitive advantage, as follows:
(a)   The information reveals the distinguishing aspects of a process (or component, stru'cture, tool, method, etc.)
where prevention of its use by any of Westinghouse's t
competitors without license from Westingnouse cdnsti-tutes a competitive economic advantage over other I              companies.
(b). It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of wnich data secures a competitive econcmic advantage, e..g., by optimization or improved marketability.
1 i

AW-82-57 (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 information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its custcmers or suppliers.
(el It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pre-grams of potential comercial value to Westinghouse.
(f). It contains patentable ideas, for which patent pro-tection may be desirab.le.
(g). It is not the property of Westinghouse, but :aust be treated as proprietary by Westinghouse according to agreements with the owner.
There are sound policy reasons behind the Wes*inghouse system which include the following:
(a)    The use of such information by Westinghouse gives Westingflouse a competitive advantage over its ccm-petitors. It is, therefore, withheld from disclosure to prctect the Westingnouse competitive position.
i
* 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 Westingnouse ability to sell products and services involving the use of the infonnation.
(c)    Usa by our competitor would put Westingnouse at a competitive disadvantage by reducing his ex::enditure of resources at our expense.
(d). Each component of proprietary information pertinent to a particular competitive advantage is potentially i            as valuable as tne total competitive advantage. If competitors acquire components of proprietary infor-
            -mation, 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 of prominence of Westinghouse in the world market, and thereby give a market advantage to the ccmcetition in those countries.                                     ,
(ffl The Westinghouse capar.ity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a ccmcetitive advantage.

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.
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 information sought to be witnheld 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 require-ment.
Public disclosure of this information is likely to cause suo-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 analysis 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 l               large amount of effort and money expended by Westingneuse over a period of several years in carrying out this particular l

O AW-82-57 development program. Further, it would enable competitors to use the information for commercial 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)  Information resulting from its development programs gives Westinghouse a competitive advantage over its cmrpetitors.
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 Westingnouse ability to sell products and services involving the use of the information.
(c)  Use by our competitor would put Westinghouse at a ccm-petitive disadvantage by reducing his expenditure of resources at our expense.
(d)  Each compone:it of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If ccm-petitors acquire components of proprietary information, any one ccmconent may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.
l

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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 similarly 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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