ML19347C740

Requests That Proprietary Info Submitted as Responses to NUREG-0737 Re Instrumentation for Inadequate Core Cooling Be Withheld from Public Disclosure (Ref 10CFR2.790).Affidavit Encl

ML19347C740
Person / Time
Site:	Beaver Valley
Issue date:	12/23/1980
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Eisenhut D, Phillips L Office of Nuclear Reactor Regulation
Shared Package
ML19262F356	List: ML19347C739 ML19347C740 ML19347C741
References
RTR-NUREG-0737, RTR-NUREG-737, TASK-2.F.2, TASK-TM CAW-80-76, NUDOCS 8101050327
Download: ML19347C740 (7)

Text

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O W85iingh0Use Water Reactor m 'erca cem Elecific C0fD0fation Olvisions 3, 23

re g.wsw o ma December 23, 1980 CAW-80-76 Mr. Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation

0. S. Nuclear Regulatory Commission Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 ATTN: Lawrence E. Phillips Core Performance Branch, DSI APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

SUBJECT:

Summary Report, Westinghouse Reactor Vessel Level Instrumentation System for Monitoring Inadequate Core Cooling (Microprocessor System)

REF: NUREG-0737 Part II.F.2, Instrumentation for Inadequate Core Cooling

Dear Mr. Eisenhut:

The proprietary material transmittad by the referenced letter supplements the proprietary material previously submitted concerning the Westinghouse development of ECCS models. Further, the affidavit submitted to justify the matt. ial previously, submitted, AU-77-18, was approved by the Commission on OcMoer 28, 1977, and is equally applicable to this material.

Accordingly, withholding the subject infomation from public disclosure is requested in accordance with the previously submitted affidavit and appli-cation for withholding, AW-77-18, dated April 6,1977, a copy of which is attached.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW-80-76, and should be addressed to the undersigned.

Very truly yours, W

/bek .sn Robert A J iesemann, Manager Attachment J Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 81010 5 03N

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AW-77-18 AFFIDAVIT C0i'ROUWEALTH OF PEiltlSYLVA!'IA:

ss COUNTY OF ALLEGHE?tY:

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 authori::ed to execute this Affidavit on behalf of Westinghcuse 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:

L 4') if,!!!! Ldh'W Robert A. Wissemann, una;er Licensing Programs Sworn to and subscribed before me this cf a day of M '"d' 1977. .

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AM-77-18 (1) I am Manager, Licensing Programs, i, 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 Commission's regulations and in con-junction with the Westinghouse application for withholding ac-companying this Affidavit..

(3) I have personal kncwledge of the criteria and procedures utili: 1d by Westinghou:2 "u .-

Systems in desi5 neting information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Commission's regulations, the folicwing is furnished for

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consideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be wi thheld.

(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-77-13 (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, utili:es a system to determine when and whether to hold certain types of information 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-

~ petitive advantace, as* Sfolicas:

(a) The informatioc. 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 constitutes

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l 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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i i. >r AW-77-10 (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 ccst or price information, production cap-acities, budget levels, or ccamercial strategies of Westinghouse, its customers or suppl.iers. .

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

(f) It centains patent!ble ideas, for which patent pro-tection may te cesirable.

(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 Westinghcuse system which include the following:

(a) The use of such infccmation 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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AW-77-18 (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 ccmpetitive advantage is potentially as valuable as the total competitive advantage. If competitors accuire ccmponents of proprietary in or- -

mation, any one compenent may te tne 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

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l (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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3 AW-77-IS (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 C?D :ection 2.790, 1 it is to be received in confidence by the Crz nission.

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

(v) The proprietary information sought ^c e withhe".d in this submittal is that which is attached co Westir.sh use Letter Number NS-CE-la03, Eicheidinger to Stolz, cLt=: April 6, 1977. The letter and attachment are being s .5-itted in support of the Westingnouse emergency core caoMng system evaluati n model.

Public disclosure of the informaticn sought tc be withheld is likely to cause substantial harm to the ccmpatitive position of Westinghouse, taking into account the value of the information to Westinghouse, the amount of effort and

, . money expended by Westinghouse in developing the information, and considering the ways in which the inforraation could be acquired or duplicated by others.

Further the deponent sayeth not.

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