ML20147D728

Forwards Affidavit of R Wiesemann,Providing Info Necessary to Make Proprietary Determination Under 10CFR2.790(b)

ML20147D728
Person / Time
Site:	Summer
Issue date:	12/01/1978
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
References
NS-RAW-056, NS-RAW-56, NUDOCS 7812200145
Download: ML20147D728 (9)

Text

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Westinghouse Electric Corporation Powe systems Pwa systems orvision i l

Box 355 Pittstugh Permyhania 15230 l

December 1,1978 NS-RAW-056 Ref: CAW-78-77 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission 7920 Norfolk Avenue Bethesda, Maryland 20014

SUBJECT:

Supplemental Information: Application for Withholding CAW-78 Virgil C. Summer Nuclear Station

Dear Mr. Denton:

The attached affidavit provides the information necessary to make a proprietary determination under 10CFR Part 2.790(b) as discussed in a telephone conversation between L. E. Abel of Westinghouse and E. Shoemaker of NRC on November 30, 1978. Cor*espondence with respect to this affidavit or the application for withholding should reference CAW-78-77 and be addressed to me.

Very truly yours, L$)A.NI 40 Robert A. Wiesemann, Manager Regulatory and Legislative Affairs

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3 . , CAW-78-77 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY: i Before 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 aver-ments of fact set forth in this Affidavit are true and correct to the I best of his knowledge, information and belief. j I

The proprietary material of Westinghouse is of the same technical type as that proprietary material previously submitted to the Commission in August 1976.

Justification for withholding such information from public dis-closure has been provided by Westinghouse in a previously submitted affidavit, AW-76-29, dated July 23, 1976, which was approved by the Commission on June 14, 1978, a copy of which is attached. The aver-ments of the referenced affidavit, AW-76-29, as supplemented, apply equally to the subject submittal and are hereby incorporated by ,

reference. Furthermore, the complete documentary basis for the Com-mission's approval of the justification for withholding such information can be found in NRC Docket Number 50-348 and 50-364.

Further the deponent sayeth not.

M Robert A. Wiesemann, Manager Regulatory & Legislative Affairs Sworn to and subscribed before me this f day of hNm//u J,1978.

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' Before_me, the undersigned authority, personally appeared ,

. Robert A. Wiesemann, who, being by me duly sworn according to law, de- .

poses and says that he is authorized to execute this Affidavit on behalf

, sof Westinghouse Electric Corporation (" Westinghouse") and that the aver- .

anents of fact set forth in this Affida it are true and correct to the .

..best of his knowledge, information, and belief: -

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. Robert' A. Wiesemann, Manager ~

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. AW-76-29 (1) I am Manager, L'icensing 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 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 for its withholding' on behalf of the Westinghouse Water Reactor Divisions. .,

(2) I am making this Affidavit in conformance with the provisions of l

10 CFR Section 2.790 of the Commission's regulations and in con- ^

junction with the Alabama Power Company application for withholding accompanying this Affidavit. ,,

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating informati,on

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. as'a trade secret, privileged or as confidential; commercial or ~

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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 S

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.

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.(11) The information is of a type customarily held in confidence

. by Westinghouse and not customarily disclosed to the public.

. .- Wes'tinghouse 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 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 advaritage, as follows: ,

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(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

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companies. ,

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

.' 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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(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the f, -

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 commercial strategies of .

Westinghouse, its customers or suppliers. .

(c) It reveals aspects of past, present, or future West- ~~

inghouse or customer funded development plans and pro-

. grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which'p3ttent pro.-.

tection may be desirable. ,

, 5, (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 Westingh'ouse 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.

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(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. .

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'(c) Use by o. 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 competitive advantage is potentially

.as valuable as the total competitive adv.antage. If ,

competitors acquire components of proprietary infor-mation, any one component may be the key to the entike

. . puzzle, thereby depriving Westinghouse of a competitive 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. .

(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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.6 e (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 Comission. . .

- - (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 '

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• submittal is that which is appropriately marked in the en- 'r closed material with regard to Steam Line Break Release To The Containment being transmitted to the Commission by

• Alabama Power Company letter, Clayton to Boyd dated August .

1976. .

This information enables Westinghouse to: .g

. -(a) Justify the design basis for emergency systems. ,.- ,

(b) Assist its customers to obtain licenses. ,

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- (c) Optimize long-term cooling design. -

(d) Verify coriiputer codes used for accident analyses.

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" Further, this information has substantial commercial value as follows: '

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(a) Westinghouse se:1s the use of the information to its.

customers for purposes of meeting flRC requirements for 4

- licensing documentation. . ,

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- (b) Westinghouse uses the information to perform and justify .

analyses which are sold to customers.

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Public disclosure of this information is likely to cause sub-

- stantial harm to the competitive position of Westinghouse ]

because it would enable others to use the infmation to meet j

. HRC requirements for licensing documentation .-thout purchasing.

the right to' use the information. -

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The development of this infoimation is the result of many .-

year: i t

of Westinghouse effort and the expr.diture of a consider &bje l

- sum of money.' . .. .

In order for competitors of Westinghouse to duplicate this .

informa' tion, similar e::perimental test programs would have to be performed and a significant manpower effort, having ~

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. the requisite talent and experience, would have to be

. expended for data analyses and code development. >

Feriaer the. deponent sayeth rv.. .

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