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| Westinghouse Water Reactor smass PittstaghPmnsyfvania15230 Electric Corporation Divisions September 30, 1982 CAW-82-59 Mr. Ha'rold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuc1 car Regulatory Commission Washington, D. C. 20555
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| ==SUBJECT:==
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| Interim Power Operation Evaluation Report for Virgil C. Summer Station, September 1982 REF: South Carolina Electric and Gas Company letter, Dixon to Denton, September 1982
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| ==Dear Mr. Denton:==
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| The proprietary material for which withholding is being requested by South Carolina Electric and Gas Company is of the same technical type as that proprietary material submitted with an application for withholding accom-panied by Westinghouse affidavit CAW-81-86 dated November 25, 1981.
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| A copy of affidavit CAW-81-86 is attached and is equally applicable to this letter of authorization for the use of the attached information in support of the South Carolina Electric and Gas Company Virgil C. Summer Station.
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| Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-82-59 and should be addressed to the undersigned.
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| Very truly yours, Robert A. Wiesemann, Manager
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| /bek Regulatory & Legislative Affairs Attachment cc: E. C. Shomaker, Esq.
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| Office of the Executive Legal Director, NRC PDR ,
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| CAW-81-86 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
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| ss COUNTY OF ALLEGHENY:
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| E 8efore me, the undersigned authority, personally appeared 4
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| ; E. P. Rahe, Jr., who, being by me duly sworn according to law, deposes and says that. he is authorized to execute this Affidavit on behalf cf 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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| E. P. Rane, Jr.,($ nager Nuclear Safety Od0artment 1
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| Sworn to and subscribed before me this d day of ,__A2 1981.
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| AL jNotary Pub (1c 0
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| *- CAW-81-86 i
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| (1) I am Manager, Nuclear Safety Department, in the Nuclear Technology (
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| l Division, of Westinghouse Electric Corporation and as such, I have j l been specifically delegated the function of reviewing the pro-
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| . prietary information sought to be withheld from public disclosure ;
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| in connection with nuclear power plant licensing or rulemaking l
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| ! proceedings, and am authorized to apply for its withholding on !
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| behalf of the Westinghouse Water Reactor Divisions. .
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| t (2) I am making this Affidavit in conforinance with the provisions of 10CFR Section 2.790 of the Connission's regulations and in con- f junction with the. Westinghouse application for withholding ac-companying this Affidavit. f i
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| (3) I have personal knowledge of the criteria and procedures utilized j by Westinghouse Nuclear Energy Systems in designating infor1 nation t as a. trade secret, privileged or as confidsntial commercial or-
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| financial .inforination. !
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| (4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 j of the Consission's regulations, the following is furnished for consideration by the Consission in determining whether the in-formation sought to be withheld. from public disclosure should be f withheld. )
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| (1) The inferination sought to be withheld from public disclosure j is owned and has been held in confidence by Westinghouse. l I
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| CAW-81 -86 I
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| n (ii) The infomation is of a type customarily held 1n conridence by Westingnouse and not customarily disclosed to the public. i Westinghouse has a rational basis for detemining the types of information customarily held in confidence by it' and, in that connection, utilizes a system to detemine when and whether to hold certain types of infomation in confident:e.
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| The application of that system and the substance of that system constitutes Westinghouse policy and. provides the rational basis required.
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| t Under that system, infomation 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 exis~ ting or potential com-petitive advantage, as foll,ows':
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| (a) The information reveals the distNguishing aspects of.
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| a process (or component, structure, tool, method, etc.)
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| where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.
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| (b) It coiisists 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
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| ! or improved marketability.
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| '' CAW-81 -86
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| , o (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.
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| (d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.
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| (e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.
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| (f) It contains patentable ideas, for which patent pro-taction may be desirable. ..,
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| (g). It is not the property of Westinghouse, but must be ~ '
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| treated as proprietary by Westinghouse according to agreements with the owner.
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| There are sound policy reasons behind the Westinghouse system which include the followirig:
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| (a) The use of such information by Westinghouse gives Westinghouse a. competitive advantage ove'r its com-petitors. It is, therefore, withheld from discl.osure to protect the Westinghouse competitive position.
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| _W__ e em -we ess -_ m e
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| CAW-81-86 ;
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| (b) It is infomation which is marketable in many ways.
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| The extent to which such infomation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the
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| infomation. .
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| (c) Use by our competitor would put Westinghouse at a #
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| competitive disadvantage by reducing his expenditure of resources at our expense.
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| (d) Each component of proprietary infonnation pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary infor-mation, any one componeitt may be,the key to the entire puzzle, thereby depriving Westing [touse of a competitive ,
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| advantage.
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| (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.
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| (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
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| 's '; .
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| *- CAW-81 -86 (iii) The information is being transmitted,,to the Comission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.
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| (iv) The infomation sought to be protected is not available in public sources or available infomation has not been pre-viously employed in the same original manner or method to the best of our knowledge and belief.
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| (v) The proprietary infomation sought to be withheld in this submittal is that which is appropriately marked in Model D-3 Steam Generator Presentatinn Slides for the McGuire Unit 1 i being transmitted by the Duke Power Company letter Applica- f tion for Withholding Proprietary Infomation from Public
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| ( Disclosure, Parker to Youngblood, December 1981. The pro-prietary infomation as submitted is s[pected to be applicable
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| . in other licensee and applicant submittals in response to c'er-
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| - tain NRC requirements for justification of the steam generator design and operation.
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| This infomation is part of' that. which will enable Westing-house to:
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| I (a) Provide documentation of the analyses, method 'and test-ing' for product design and operation.
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| t (b) Assist. the customer to obtain NRC approval .
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| ** 7- CAW-81-86 f
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| Further this information .has substantial comercial value l as follows: {
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| l (a) Westinghouse plans to sell similar information to its l customers for purposes of meeting NRC requirements for l licensing documentation. !
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| (b) Westinghoust can sell support and defense of the tech- i nology to its customers in the licensing process. ;
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| Public disclosure of this infomation is likely to cause i substantial ham to the competitive position of Westinghouse !
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| t because it would enhance the ability of competitors to pro- j vide similar analytical documentation and licensing defense l, l
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| l services for consercial. power reactors,,without commensurate l l expenses. Also, public disclosure of'dhe infomation would l f, enable others to use the infomation to ' meet NRC require y ments for licensing docume.ntation without purchasin~g the i
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| right to use the infomation. r
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| ( !
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| ! The development of the technology described in part by the j
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| .information is the result of applying the results of many !
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| i years of experience in an intensive Westinghouse effort l and the expenditure of a considerable sum of money. ;
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| In order for competitors of Westinghouse to duplicate.this infomation, similar technical programs would have to be f
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| ! perfomed and a significant manpower effort, having the requisite talent and experience, would ha're to be expended for system design software development.
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| Further the deponent sayeth not.
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