ML18089A562

Requests Withholding Proprietary Info from Public Disclosure Under Previously Submitted Encl 770406 Application for Withholding AW-77-18 & Affidavit Approved on 771028

ML18089A562
Person / Time
Site:	Salem
Issue date:	03/28/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Varga S Office of Nuclear Reactor Regulation
Shared Package
ML18089A561	List: ML18089A560 ML18089A562 ML18089A563
References
CAW-84-26, NUDOCS 8404160174
Download: ML18089A562 (9)

Text

..'.C Westinghouse Water Reactor Box355 Pittsburgh Pennsylvania 15230 Electric Corporation Divisions March 28, 1984 CAW-84-26 Mr. S. A. Varga Chief Oper. Branch Docket 50-272,311 Division of Licensing U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014

SUBJECT:

Application For Withholding Proprietary

• Information From Public Disclosure

• REF: Public Service Electric and Gas Company Letter, Liden to Varga.

March 1984

Dear Mr. Varga:

The proprietary material for which withhold1ng is being requested by Public Service Electric and Gas Company is of the same technical type as that proprietary material submitted by Westinghouse previously in Application for Withholding AW-77-18,_ and is accompanied by an affidavit signed by the owner ..

Further, the Application for Withholding AW-77-18 was approved by the

. Commission on October 28, 1977 and is equally applicable to this material.

Westinghouse Electric Corporation previously transmitted similar information for utility use that was accompanied by affidavits CAW-81-43 and AW-77-18.

This plant specific submittal is accompanied by CAW-84-26 and AW-77-18.

Accordingly, wit~holding the subject informati6n from public disclosure is requested in accordance with the previously submitted affidavit and

• Application for Withholding AW-77-18 dated April 6, 1977, a copy of which is attached.

8404160174 840404 PDR ADOCK 05000272 p PDR

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-84-26 and should be addressed to the undersigned.

Very truly yours,

'\ . .

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Wiesemann, Manager Regulatory & Legislative Affairs lee Attachment cc: E. C. Shomaker, Esq.

Office of the Executive Lega*1 Di rector, NRC

1i , AW-77-18 AFFIDAVIT

-COMMONWEALTH OF PENNSYLVANIA:

ss.

COUNTY OF ALLEGHENY:

Before me, the undersigned. authority., personally appeared Robert A. Wfesemann, who, being by me duly sworn according to law, de-poses and says that he is authorized to execute this Affidavit on behalf of Westjngho.use Electric Corpora ti on (11 Wes ti nghouse 11 ) and that the aver-ments of fact set forth in this Affidavit are true and correct to. the best of his knowledge, information, and belief:

Robert A. Wiesemann, Manager Licensing Programs Sworn to and subscribed before me thjs d..2_ day of // ~:' ll f' 1977 *

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(1) I am Manager, Licensing Programs, in the Pressurized Water Reactor Systems Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary infonnation 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 10 CFR Section 2.790 of the Commission's regulations and in con-junction with tJ:le Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized

• by Westinghous=;}~u:J:.::~~--r:::-:-.*~:..:: Systems in designating information as a trade secret, privileged or as confidential cor.:mercial or financial i-nfonnati on.

(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 Comrniss.ion in determini.ng whether the in-formation 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.

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. *; . ----- AW-77-lS (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a r:-ational basis for detennining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to ho1d certain types of i~formation in confidence. The ap-plication 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-peti ti Ve. advantage, as . . fol 1CWS:

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{a) The *information- reveals the di.stinguishing 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 ~conomic advantage over other companies.

(b) It consists of supporting data, including test data, ,

relative to a process (or compori.ent, structure, tool, method, etc.), the appl i ca ti on of which data secures a competitive economic advantage, e.g., by optimization or improved marketabi Ti ty.

AW-77-18 (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 infonnatidn, production cap-acities , budget 1eve1 s , or commerci a1 s tra tegi es of Westinghouse, its customers or supp1iers.

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

--- * {f) It contains patentable ideas, for which patent pro-tection may be aesirable.

(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 b~hind the Westinghouse system which include the following:*

(a) *The use of such information by Westinghouse gives Wastinghouse a competitive advantage over its com-petitors*~ It is, therefore, w.ithheld from disclosure to protect.the Westinghouse competitive position.

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• . . AH i 8 (b) It is information which is marketable in many \~ays.

The extent to which such information is available to.

competitors dimini_shes the Westinghouse ability*to

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sell products and ser~1ces involving the use of the information.

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I (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 particular ~ompetitive advantage is potentially as valuable as the. total competitive advantage. If

. -... competitors acqu~re 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 competition in those countries. .,,,

(f) The Westinghouse. cap~city to invest- corporate assets in research and development depends upon the success in obtaining and ma1ntaining a competitive advantage.

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J (iii) The infonnation is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The infonnation 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 i~ that which is .attached to Westin~house Letter Number NS-CE-1403, Eicheldinger to Stolz, dated April 6, 1977. The. letter and attachment are being submitted in support .of the Westinghouse emergency core. cooling system evaluation model.

Public disclosure of the informat~on sought to be withheld is likely to* cause substantial harm to the competitive position of .Westinghouse, taking into account the value of the infonnation to Westinghouse, the amount of effort and money expended by Westinghouse in develop~ng the information, and considering the ways in which the information could be acquired or duplicated by others.

Further the deponent sayeth not.

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W~ngtiouse Water Reactor E!ecirtc Corporation DMsions So* 2722 Pnc,:1_*1i: ;or-.;~,,.3-:;, -5;*3J PSE-84-568 Aprl 1 3. 1984 Mr. D. J. Jagt. Assistant General Manager Nuclear Engineering Public SerYice Electric &Gas Company

p. 0. Bo)( 236 Hancocks Bridge, NJ 08038

Dear Mr. Jagt:

PUBLIC SERVICE ELECTRIC &GAS Salem Station Affl dav ft Cove rag!

Per the requi:?st of Mi-. Fitzgerald, the following data packa*;iti:s m~y be considered to be covered by the affidavit pre~ented to you on Friday, March 30, 1984. The data packages are:

1> RVLIS System Manual

2) Sealing and Calibration Data (provided 1n K. Gr.:tham's tr1p rep"Ort of 4120182)

Should you have further questions, please ca11.

Very truly yours.

~ ,PJ~. _:~~.

~ I J. A. Trigglan,, Manager Mid-Atlantic Area JPT/caf cc: ,1. Driscoll L. K. M111er L. H. Fry H..J. Midura J. ~L Zllpko. Jr.

J. E. Ga. l1 agher L. A. Reiter C. F. Barclay "J. £. A. Hatjen E. A. Ltden

£. Fi tzgera1 d M. Banerjee 0533b: 12 J