ML20106E138

Submits Application for Withholding Proprietary Amend 1 to Wapwr RESAR-SP/90 Pda Module 3, Introduction & Site, from Public Disclosure,Per 10CFR2.790

ML20106E138
Person / Time
Site:	05000601
Issue date:	01/30/1985
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269B025	List: ML20106E138 ML20106E146 NRC-85-2994, Forwards Proprietary & Nonproprietary Amend 1 to Wapwr RESAR-SP/90 Pda Module 3, Introduction & Site, Per 840912 Request for Addl Info.Proprietary Version Withheld (Ref 10CFR2.790)
References
AW-85-002, AW-85-2, NUDOCS 8502130236
Download: ML20106E138 (10)

Text

,

f~\

(c v

Westinghouse Water Reactor ax355 PittsburghPemsyfvanla15230 Electric Corporation Divisions January 30, 1985 AW-85-002 Docket No. STN-50-601 Mr. Harold R. Denton, Director Off. ice of Nuclear Reactor Regulation U. S. Nuclear Regulatory Comission Washington, D. C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DIS 10SURE

SUBJECT:

Amendment 1 to HAPWR RESAR-SP/90 PDA Module 3, " Introduction and Site" in Response to a Request for Additional Infomation

REFERENCE:

Letter No. NS-NRC-85-2994, Rahe to Denton dated January 30, 1985

Dear Mr. Denton:

This application for withholding is submitted by Westinghouse Electric Corporation (" Westinghouse") pursuant to the provisions of paragraph (b) (1) of Section 2.790 of the Comission's regulations. It contains commercial strategic infomation proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary infomation in this matter was submitted as AW-82-57 with letter NS-EPR-2675 dated Novenber 1,1982 and is equally applicable to this material.

Accordingly, it is respectfully requested that the subject infomation which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-85-002 and should be addressed to the undersigned.

Very truly yours, JQht.LUPw Robert . iesemann, Manager Regulatory & Legislative Affairs

/kk cc: E. C. Shemaker, Esq. _

Office of the Executive Legal Director, NRC k 0 A

q

T PROPRIETARY INFORMATION NOTICE TRANSMITTED; HEREWITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WIT 1 REQUESTS FOR GENERIC AND PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER 10 CONFORM 1D 1HE REQUIREMENTS OF 10CFR2.790 0F THE COMMISSION'S REDULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMIITED TO 1HE NRC,1HE 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 CNLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELEIED. THE JUSTIFICATION FOR (I. AIMING THE INFORMATION SO DESIiNATED AS PROPRIETARY IS INDICATE IN BOIH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PAREN1HESES LOCATED AS A SUPERSCRIPT IMMEDIATELY FOLLOWING INE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LCNER CASE LEITERS REFER 101HE TYPES OF INFORMATION WESTINGHOUSE CUS10MARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING 1HIS 1RANSMITTAL PURSUANT 1010CFR2.790(b)(1).

l c

5 0

9 e ,_ .. #m,e_. . . . . . - , _ . . . , ,. _ ., y..,

h .$ ,

,j

. AW-82-57 AFFIDAVIT 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:

~w MG u= .

n 0. McAcco, Assistant Manager Nuclear Safety Cepartment Sworn to and subscribed before me this / day .

of h .s m lVLl1982.

/

f LillLU AW Notary Public PAULITTI Stor:XA MOTARY PUBUC 20M90lLLE CCa 1. ALLIGHEMT COUNTT af CCHMisslam D *12E3 MARCH 10.1386'-

Womew Pesesvimia Assocation of Matva+

l

s l 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 if censing 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 comercial or financial infdrmation.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.7g0~

of the Comission's regulations, the following is furnished for co.nsideration by the Comission 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-is owned and has been held in confidence by Westinghouse.

F

-, , - - - - - . ----e -- -- .. -- , c ,-

AW-82-57 (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 process (or component, structure, tool, method, etc.)

where prevention of its use by any of Westinghouse's ,

competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies.

(~bl. It consists of supporting data, including test data, relative to a process (.or component, structure, tool, method, etc.), the application of which data secures a competitive econcmic advantage, e.g. , by optimization or improved marketability.

. 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 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.

(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 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.

~

,c .

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-

-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a comoetitive 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 in obtaining and maintaining a competitive advantage.

e

AW-82-57 (iii) The information is being transmitted to the Ccmmission in confidence and, under the provisions of 10CFR Section 2.7g0, 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.

(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 require-ment.

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the ' fAPWR; Westinghouse plans for future design, testing. and

~

. analysis afmed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All df this information is of competitive value because of the large amount of effort and money expended by Westingnouse over a period of several years in carrying out this particular s

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 wit. out .

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 competitors.

It is, therefore, withheld frem disclosure to protect the Westinghouse competitive position.

(b). It is information which is marketable in many ways. The extent to which such_i.nformation is available to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the information.

Q:l Use by our competitor would put Westinghouse at a ccm-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 ccm-petitors acquire components of proprietary information, any one ccmponent may be the key to the entire puzzle thereby depriving Westinghouse of a competitive advantage.

k

a

.',EI*;.

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 insoired and would then have to expend an effort similar to that of Westinghouse to develop the design.

A Further the deponent sayeth not.

O e

!