ML20082P890

Application for Withholding Proprietary Steam Line Break Blowdown Data (Ref 10CFR2.790).Affidavit Encl

ML20082P890
Person / Time
Site:	Beaver Valley
Issue date:	11/10/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Knighton G Office of Nuclear Reactor Regulation
Shared Package
ML19274C221	List: ML20082P876 ML20082P890
References
CAW-83-99, NUDOCS 8312090224
Download: ML20082P890 (10)

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Nuclear Technology Division Westinghouse Water Reactor Electric Corporation Divisions saa33 PittsburghPennsylvania15230 November 10, 1983 CAW-83-99 Mr. George W. Knighton, Chief Licensing Branch #3 Division of Licensing Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PR0pRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

Duquesne Light Company letter to G. W. Knighton dated December 1983

Dear Mr. Knighton:

The proprietary material for which withholding is being requested by the Duquesne Light Company is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with appli-cation for withholding AW-76-31. The affidavit AW-76-31 submitted to justify the previous material is equally applicable to this material.

It is respectfully requested that the information which is proprietary to Westinghouse and which is further identified in the affidavit be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Comission's regulations.

Accordingly, this letter authorizes the utilization of the accompanying affi-davit in support of the Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-83-99, and should be addressed to the undersigned.

Very truly yours, o!$ohjf2

- PDR -

Robert A. Wiesemann, Manager

/bek Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC

AW 31 AFFIDAVIT COMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

A 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 of Westinghouse Electric Corporation (" Westinghouse") 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:

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'N4Zld1&tG Robert A. Wiesemann, Manager '

Licensing Programs Sworn to and subscribed l day befo this.

of 1976.

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AW-76-31 N,

(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 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 10 CFR Section 2.790 of the Comission'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 Westinchouse Nuclear Energy Systems in designating information as a trade secret, privileged or as cc:/.fidential comercial or financial information. .

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(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790

! of the Commission's regulations, the following is furnished for l 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 j is owned and has been held in confidence by Westinghouse.

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

by Westinghouse and not customarily disclosed to the public.

Westinghouse 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. f 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 (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. -

(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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AW-76-31 N

(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 connercial strategies of Westinghouse, its customers or suppliers.

1 (e) It reveals aspects of past, present, or future West- 1 inghouse or customer funded development plans and pro-grams of potential commercial value to Westinghouse.

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

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(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 Westinghcuse gives Westinghouse a competitive advantage over its com-peti tors. It is, therefore, withheld from d.isclosure to protect the Westinghouse competitive position.

AW-76-31 D

(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 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 entir,e 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 in obtaining and m-intaining a competitive advantage.

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(iii) The information 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 information is not available in public sources to the best of our knowledge and belief.

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(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in the attach-ment to Westinghouse letter No. NS-CE-1142. Eiche1dinger to Eisenhut dated July 27, 1976 concerning reproductions of view-graphs used in the Westinghouse presentation to the NRC during the meeting on July 27, 1976 on the subject of Westinghouse Reload Safety Evaluation Methodology.

This information enables Westinghouse to:

(a) Justify the design for the reload core , ,

' (b) - Assist its customers to obtain licenses

.(c) Meet contractual requirements (d) Provide greater flexibility to customers assuring them of safe and reliable operation.

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Further, this information has substantial comercial value

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as follows:

(a) Westinghouse sells the use of the information to its customers for purposes of meeting NRC requirements for licensing documentation.

(b) Westinghouse uses the information to parform and justify analyses which are sold to customers. l (c) Westinghouse uses the information to sell nuclear fuel l

and related services to its customers.

Public disclosure of this information is likely to cause sub-L stantial harm to the competitive position of Westinghousbn selling nuclear fuel and related services.

Westinghouse retains a marketing advantage by virtue of the knowledge, experience and competence it has gained through l

long involvement and considerable investment in all aspects l of the nuclear power generation industry. In particular Westinghouse has developed a unique understanding of the i factors and parameters which are variable in the process of design of nuclear fuel and which do affect the in service performance of the fuel and its suitability for the purpose for which it was provided.

AW-76-31 In all cases that purpose is to generate energy in a saf'e and efficient manner while enabling the operating nuclear gener-ating station to meet all regulatory requirements affected by I the core loading of nuclear fuel. Confidence in being able to i , accomplish this comes from the exercise of judgement based on

. experience.

Thus, the essence of the competitive advantage in this field lies in an understanding of which analyses should be performed j and in the methods and models used to perform these analyses.

l A substantial part of this competitive advantage will be lost i

if the competitors of Westinghouse are able to use the results of the Westinghouse experience to normalize or verify their own process or if they are able to claim an equivalent under-standing by demonstrating that they can arrive at the sariietor similar conclusions. Its use by a competitor would reduce l his expenditure of resources or improve his competitive - -

position in the design and licensing of a similar product.

s l This~ information is a product of Westinghouse design technology.

As such, it is broadly applicable to the sale and licensinlg of fuel in pressurized water reactors. The development of this l information is the result of many years of Westinghouse effort

! and the expenditure of a considerable sum of money. In order for competitors of Westinghouse to duplicate this process

AW-76-31 N 4, would require the investment of substantially the same amount of effort and expertise that Westinghouse possesses and which was acquired over a period of more than fifteen years and by the investment of millions of dollars.

Further the deponent sayeth not.

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