ML20028G293

Application for Withholding Proprietary SGP-9.2-3009R, VC Summer Station Interim Power Operation Evaluation Rept. Affidavit Encl

ML20028G293
Person / Time
Site:	Summer
Issue date:	01/27/1983
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19303B509	List: ML20028G288 ML20028G293 ML20028G296
References
CAW-83-8, NUDOCS 8302070599
Download: ML20028G293 (8)

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Westinghouse Water Reactor Ndad@dc@Wsen Electric Corporation Divisions sonass Pittsburgh PenrqNania 15230 January 27, 1983 CAW-83-8 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Washington, D. C. 20555

SUBJECT:

V. C. Summer Interim Power Operation Evaluation Report, January 1983 REF: South Carolina Electric and Gas Company letter, Dixon to Denton, January 31, 1983

Dear Mr. Denton:

The propri.etary material for which withholding is being requested by South Carolina Electric and Gas Company is of the same technical type as that pro-prietary material submitted with an application for withholding accompanied by Westinghouse affidavit CAW-81-86 dated November 25, 1981.

A copy of affidavit CAW-81-86 is attached and is equally applicable to this letter of authorization for the use of the attached information in support of the South Carolina Electric and Gas Company Virgil C. Summer Station.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference CAW-83-8 and should be addressed to the undersigned.

Very truly yours, l Robert A. Wiesemann, Manager

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

Office of the Executive Legal Director, NRC i

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l 8302070599 830131 p DR ADOCK 05000395 PDR l

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CAW-81-86 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared E. P. Rahe, Jr., who, being by me duly sworn according to law, I deposes and says that he is authorized to execute this Affidavit on l behalf of Westinghouse Electric Corporation (" Westinghouse") and that l the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

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E. P. Rahe, Jr.,

l Nuclear Safety De($ nager partment Sworn to and subscribed before me this cf_f_ day of m b a 1981.

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CAW-81-86 i

(1) I am 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 pro-prietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing or rulemaking 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 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 Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidsfitial comercial or financial _in_ formation. ,

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission 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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CAW-81 -86 (ii) The infonnation 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 infonnation 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 l might result in the loss 'of an existing or potential com-petitive advantage, 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 i.ts 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 l

or improved marketability.  ;

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CAW-81 -86 (c) Its use by a competitor would reduce his expenditure of resources or improp his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price infonnation, production cap-acities, budget levels, or consnercial 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 commercial value to Westinghouse.

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

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

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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 frdm disclosure to protect the Westinghouse competitive position.

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l CAW-81-86 (b) It is information wh,ich 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 infonnation.

(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 entire puzzle, thereby depriving Westinghouse of a competitive advantage. ,

(e) Unrestricted disclosure would ;eopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in thuse 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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CAW-81-86 (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Comission.

(iv) 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.

(v) The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Model D-3 Steam Generator Presentation Slides for the McGuire Unit i being transmitted by the Duke Power Company letter Applica-tion for Withholding Proprietary Information from Public Disclosure, Parker to Youngblood, December 1981. The pro-prietary infonnation as submitted is eIpected to be applicable in other licensee and applicant submittal,s in response to cer-tain NRC requirements for justification of the steam generator design and operation.

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

(a) Provide documentation of the analyses, method and test-ing for product design and operation.

(b) Assist the customer to obtain NRC approval.

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CAW-81-86 Further this information has substantial comercial value as follows:

(a) Westinghouse plans to sell similar infomation to its customers for purposes of meeting NRC requirements for licensing documentation. l (b) Westinghouse can sell support and defense of the tech-nology to its customers in the licensing process.

l Public disclosure of this information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to pro-vide similar analytical documentation and licensing defense services for comercial. power reactors,yithout comensurate expenses. Also, public disclosure of'dhe information would enable others to use the information to meet NRC require-ments for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the infomation 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.

I i In order for competitors of Westinghouse to duplicate this l

! infomation, similar technical 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. l l

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