ML20097J226

Authorizes Utilization of Encl Affidavit (CAW-83-80) by Util,Per Util

ML20097J226
Person / Time
Site:	Byron, Braidwood, 05000000
Issue date:	06/01/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A542	List: ML20097J215 ML20097J226 ML20097J252
References
CAW-84-44, NUDOCS 8409210164
Download: ML20097J226 (6)

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w Nuclear Technology Division Westinghouse Water Reactor Electric Corporation Divisions Box 355 PittsbutghPennsylvania15230 June 1, 1984 CAW-84-44 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE g[

REFERENCE:

Commonwealth Edison Company letter to NRC Ja.; 1004 E.D.SwAwre to N.R. Aermv oorsp Serninscx QM

Dear Mr. Denton:

The proprietary material for which withholding is being requested in the reference letter by Coninonwealth Edison Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public dis-closure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Commissions's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-83-80.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Commonwealth Edison Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-84-44, and should be addressed to the undersigned.

Very truly yours, il s'emanil, anager Regulatory & Legislative Affairs HFC/anj cc: E. C. Shomaker, Esq. -

Office of the Executive Legal Director, NRC e409210164 840917 PDRADOCK05000g a l l

CAW-82-80 AFFIDAVIT COMMONWEALT!4 0F PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdco, 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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j D. McAdoo, Assf & nt Manager Nuclear Safety Department Sworn to and subscribed before me this B M day of a d..d.(,_ 1983.

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l CAW-83-80 (1) I am Assistant Mauger, Nuclear Safety Department, in the Nuclear Techno-Togy Division, of Westinghouse' Electric Corporaticn and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure 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 conjunction with the Westinghouse application for withholding accompanying 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 fo1 Towing is furnished for consideration by the Conslission in determining whether the information sought to be with-held 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.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing-house has a rational basis 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 hole 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.

CAW-83-80

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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, tnol, 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 whica data secures a competitive econcaic advan-tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-ces or improve his competitive position in the design, manufac-ture, 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 connercial value to Westinghouse.

(f) It contains patentable iceas, for which patent protection may be desirable.

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CAW-83-80 (g) 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 fo11ow1ng:

(a) The use of information by Westinghouse 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 competitors 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 competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-B3-80 l

(f) The Westinghouse capacity to invest corporate assets in research I and development depends upon the success in obtaining and main-taining a competitive advantage. l (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Consission.

(iv) The information sought to be protected is not available in public sources to the best of our knowledge and belief.

, (v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in " Technical Bases for "

Eliminating Large Primary Loop Pipe Ruptures as the Structural Design Bases for the South Texas Project," dated September 1983, prepared by S. A. Swamy and J. J. McInerney.

The subject information could only be duplicated by competitors if i

, they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experience.

Public disclosure of this information is likely to cause substantial

( harm to the competitive position of Westinghouse because it would '

, simplify design and evaluation tasks without requiring a connensurate f investment of time and effort.

Further the deponent sayeth not.

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