ML17331A801

Forwards Affidavit for Withholding Proprietary Facility Conceptual Design Description for Technical Support Ctr & Emergency Operations Facilities. Affidavit Corrects CAW-80-75 Submitted 800613

ML17331A801
Person / Time
Site:	Cook
Issue date:	07/23/1981
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML17331A800	List: ML17331A799 ML17331A801 ML17331A802
References
CAW-81-41, NUDOCS 8109230490
Download: ML17331A801 (12)

Text

Water Reactor Nuclear Technology Oivlsion Westinghouse Electric Corporation Divisions Box 355 PlttsburghPennsytvanla 15230 Mr. Harold R. Denton, Director July 23, 1981 Office of Nuclear Reactor Regulation CAW-81-41 U. S. Nuclear Regulatory Commission Qashington, D. C. 20555

SUBJECT:

Facility Conceptual Design Description for the Technical Support Center and the EOF REF: Indiana 8 Michigan Electric Company Letter AEP:NRC:0531C, Hunter to Denton, July 1981

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Indiana &

Michigan Electric Company is of the same technical type as that proprietary material submitted by Westinghouse previously in application for withholding AW-80-32, and was accompanied by an affidavit signed by the owner of the pro-prietary information, Westinghouse Electric Corporation.

Further, the affidavit AW-80-32 submitted to justify the previous material on June 13, 1980 is equally applicable to this material.

Accordingly, this letter authorizes the utilization of the previously furnished affidavit in support of the Indiana 8 Michigan Electric Company Donald C. Cook Nuclear Plants 1 and 2. A copy of the affidavit is attached.

In addition, it is noted that the same proprietary report was submitted June 19, 1981, AEP:NRC:0531A, Hunter to Denton. However, due to a misunderstanding, the wrong (CAW-80-75) application for withholding was referenced in that submittal.

Please accept this application for withholding as a clarification supplement to the application for withholding and affidavit. Technical content of the pro-prietary report does not change with this submittal.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-81-41 and should be addressed to the undersigned.

Very truly yours,

/bek Robert A. Wiesemann, Manager Attachment Regulatory 8 Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC Si09230490 Si09i4-PDR ADOCK 050003i5 F PDR

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j AW-80-32 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Hefore me, the undersigned authority, personally appeared Robert A. Wiesemann, 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:

~ i"6 c ~ (Vdd i"..'- '."1v'2 s'C.lC o ert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this ~ day of , ~ 1980.

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, Notary Pub 1 i c

AH-00-32 (1) ! am ~lanager, Regulatory and L gislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have be n 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, or i ts wi thhol ding on behal f 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 commerical or financial information.

(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 Commission in determining 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.

A!'I-80-32 (ii) Tne information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Wes inghouse has a rational basis or determining the types of information customarily held in confidence by it and, in that connec iion, utilizes a system to determine uhen and whether to hold certain types of information in confidenc .

The application of that syst m 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 faIls 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 fAlaws:

(a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.)

wher e prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-tutes a competi tive 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 which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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'0 (c) Iis I use by a competitor would reduce his expenditure of 1'esources or improve his competitive position in the design, manufacture, shipment, installation, assurance of qualiiy, or licensing a similar produci.

.{d) Ii reveals cosi or price information, production cap-acities, budget levels, or commercial s rategies of Mesiinghouse, iis customers or suppliers.

(e) It reveals aspects of past, present, or future Mest-i nghouse or customer funded development plans and pro-grams of potential commercial value to Mesiinghouse.

(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not the property of Mestinghouse, but must be treated as proprietary by Mestinghouse according to agreements with the owner.

There are sound policy reasons behind the Mesiinghouse system which include the following:

(a) The use of such information by Mestinghouse gives Mesiinghouse a competitive advantage over iis com-petitors. It is, therefore, withheld from disclosure to protect the Mestinghouse competitive posi tion.

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AM-80-32 (b) It is information which is marketable in many ways.

The extent to which such information is available to comoetitors diminishes the Westinghouse ability to sell products and services involving the use of the in formati on.

(c) Use by our competitor uouId put Westinghouse at a competi ti ve di sadvantage by reduc ing hi s expendi ture of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competi tive advantage is potentially as valuable as the total competitive advantage. I, 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 competition in those countries.

(f) The Westinghouse capacity to invest corporate assets in, research and development depends upon the success 'n obtaining and maintaining a competi,tive advantage.

AW-80-32 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be'eceived in confidence by the Commission.

(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 sub-mittal is that which is appropriately marked in WCAP-9725, "Westinghouse Technical Support Complex," (Proprietary),

being transmitted by Westinghouse letter No. NS-TMA-2261, Anderson to Miller, dated June 13, 1980. This report is being submitted pursuant to the NRC's Topical Report Program for generic review by the Regulatory Staff and is expected to be referenced in several licensee and applicant submittals in response to certain NRC requirements resulting from the TMI-2 event.

This information is part of that which will enable Westing-house to:

(a) Apply for patent protection.

(b) Optimize control room operator and technical support personnel man-machine interface designs and criteria'c)

Assist its customers to obtain NRC approval.

(d) Justify the design basis for the Technical Support Complex functions and inputs.

AW-80-32 Further this information has substantial commercial value as follows:

(a) Westinghouse plans to sell the system design and equip-ment described in part by the information.

(b) Westinghouse plans to sell the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

(c) Westinghouse can sell testing services based upon the experience gained and the test equipment and methods developed.

A Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because (1) it would result in the loss of valuable patent rights; and (2) it'ould enhan'ce the ability of competitors to design, manufacture, verify, and sell electrical equipment for commercial power reactors without commensurate expenses.

Also, public disclosure of the information would enable others having the same or similar equipment to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the equipment described in part by the information is the result of applying the results of many years of experience in an intensive Westinghouse effort and the expenditure of a considerable sum of money.

AW-80-32 In order for competitors of Westinghouse to duplicate this information, similar engineering programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended for system design software development.

Further the deponent sayeth not.

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