ML20091K886

Requests Withholding Proprietary Info Re Power Plant Licensing or Rulemaking Proceedings,(Ref 10CFR2.790). Affidavit Encl

ML20091K886
Person / Time
Site:	Wolf Creek, Callaway, 05000000
Issue date:	03/02/1984
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A213	List: ML20091K886 ML20091K902 NRC-84-0088, Requests Exemption from Provisions Authorizing Utilization of Alternative Pipe Break Criteria Employed in Resolution of Generic Issue A-2, Asymmetric Blowdown Loads on PWR Primary Sys
References
CAW-84-16, NUDOCS 8406070234
Download: ML20091K886 (6)

Text

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l Nuclear Tecnnology Division Westinghouse Water Reactor

, ElectricCorporation Divisions sexass PinsuurghPennsylvanta15230 March 2, 1984 CAW-84-16

.Mr. Harold R. Denton, Director Nuclear Reactor Regulation Docket Number 50-482 U. S. Nuclear Regulatory Commission 50-483 Phillips Building 7920 Norfolk Avenue Bethesda, Maryland 20014 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

REFERENCE:

SNUPPS Letter to NRC, Petrick to Denton, March 1984

Dear Mr. Denton:

The proprietary material for which withholding is being requested by Stan-dardized Nuclear Power Plant System (SNUPPS) is proprietary to Westinghouse and withholding is requested pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Comission's regulations. Withholding from public

' disclosure is requested with respect to the subject information which is further identified in the affidavit accompanying this application.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with application for withholding CAW-83-80 and was accompanied by an affidavit signed by the owner of the proprietary information, Westinghouse Electric

, Corporation.

A copy of affidavit CAW-83-80, submitted to justify the previous material, l

is attached and is equally applicable to this material.

1 Accordingly, this letter authorizes the use of the proprietary information and affidavit CAW-83-80 by SNUPPS in Wolf Creek Unit 1 and Callaway Unit 1.

Correspondence with respect to this application for withholding or the accom-panying affidavit should reference CAW-84-16 and be addressed to the under- '

signed.

Very truly yours, I

l 8406070234 840531 1' PDRADocK05000g

/bek Robert A. Wiesemann, Manager Enclosure Regulatory & Legislative Affairs '

l cc: E. C. Shomaker, Esq.

Office of the Executive Legal Director, NRC 1 1

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AW-63-60 AFF* DAVIT COMMONWEALTH OF PENNSYLVANIA:

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l COUNTY OF ALLEGHENY:

9 Before me the undersigned authority, personally appeared John D. McAdco, 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 Aff fdavit are true and correct to the. best of h.is knowledge, information, and belief:

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D. McAdoo, Assi'sdnt Manager

' Nuclear Safety Department Sworn to and subscribed before me this .u N day af J 4..a , 1983.

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2- CAW-83-80 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Techno-logy Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information s'o ught to be withheld from public disclosure in connection with nuclear power plant licensing or rule-making proceedings, and as 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.1.790 of the Cosedssion's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

I have personal knowledge of the criteria and procedures utilized by (3)

Westinghouse leuclear Energy Systems in designating information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of peregraph (b)(4) cf Section 2.790 of the Commission's regulations, the folioding is furnishe-l for consideration by the Cosedssion in determining whether the information sought to be with-held fros'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.

(ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing-house 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 hole 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.

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CAW-83-80 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 i the loss of an existing or potential competitive advantage, as follows:

(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. constitutes a competitive economic advantage over other companies. ,

l (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 advan-tage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resour-

! ces or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing a similar product.

I i (d) It reveals cost or price information, production capacities, budget levels, or commercia1 strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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CAW-83-80 (g) It is not the property of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner. ,

l There are sound policy reasons behind the Westinghouse system which include the following: *

(a) The use of information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is information which is marketable in many ways. The extenc to which such information is available to competiters diminishes the Westinghouse ability ta sall products and servi;.:es involving the use of the information..

(c) Use by our competitor wodid put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a parti--

cular competitive advantage is potentially as valuable as the

. total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage.

(e) Unrestricted disclosure would jeopardize the position of promi-nonce of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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CAW-83-80 (f) The Westinghouse capacity to invest corporate assets in research

., and development depends upon the success in obtaining and main-taining a competitive advantage.

(iii) The information is being transmitted to the Conunission in confidence and,undertiieprovisionsof10CFRSection2.790,itistobe i received in confidence by the Cosumission.

(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 submittal is t' hat which is appropriately marked in " Technical Bases for Eliminating.1.arge Primary Loop Pipe Ruptures as the Structural Design Bases for the. South Texas Project," dated September 1983, prepared by S. A. Seamy and J. J. McInerney.-

The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Westinghouse provided they have the r=quisite talent and experience.

Public disclosure of this information is likely to cause substantial harm to the competitive position o'f Westinghouse because it would i simplify design and evaluacion tasks without requiring a casumensurate investment of time and effort.

Further the deponent sayeth not.

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