ML20126E133

Requests That Proprietary Slides Used During Westinghouse Presentations on 921209-10 to NRC on AP600 Testing Program Be Withheld (Ref 10CFR2.790)

ML20126E133
Person / Time
Site:	05200003
Issue date:	12/17/1992
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303F143	List: ET-NRC-92-3785, Forwards Proprietary Slides Used During Westinghouse Presentations on 921209-10 to NRC on AP600 Testing Program. Slides Withheld (Ref 10CFR9.17(a)(4)) ML20126E133
References
AW-92-387, NUDOCS 9212290018
Download: ML20126E133 (7)

Text

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fleC1IiC C0fp0 fall 00 AW 92 387 December 17,1992 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 A'ITENTION: DR. THOMAS MURLEY APPIICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUtil.lC DISCLOSURE

SUBJECT:

PRESENTATION MATERIAL FROM DECEMBER 9-10,19(>2 WESTINGHOUSE /NRC MEETING ON AP600 TEST PROGRAM

Dear Dr. Murley:

The application for withholding is submitted by Westinghonse Electric Corporation (" West!nghouse")

pursuant to the provisions of paragraph (b)(1) of Sectica 2.790 of the Commission's regulr. dons, it contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The proprietary material for which withholding is being requested is identified in the proprietary 4 version of the subject report, in conformance with 10CFR Section 2.790, Affidavit AW 92 387 accompanies this application for withholding setting forth the basis on which the identified proprietary infonnation may be withheld from public dischisure. -

Accordingly, it is respectfully requested that the subject information which is proprietary to Westinghouse be withheld from public disclosure in accordance with 10CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-92 387 and should be addressed to the undersigned.

Very truly yours, N. J, Li rulo, tario Nuclear Safety infRegulatory Activities

/nja ec: M. P. Siemien Office of the Gene:al Counsel, NRC L Barnett NRC (12H5)

nna 9212290018 921217 PDR ADOCK 05200003 PDR

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1 AW 92 387 l AFFIDAVIT ,

t COMMONWHALTil OF PENNSYLVANIA:

COUNTY OF ALLEG11ENY: ,

llefore me, the undersigned authority, personally appeared llank A. Sepp, who, being by me duly sworn accordirig to law, depcscs and says that he is authorized to execute this Affidavit on behalf of West'nghouse Electric Corporation (" Westinghouse") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, inforruution, and belief:

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Ilank A. Sepp, Manager /

Strategic Licensing issues Sworn to and subscribed ,

before this /[ day of /MX[#M 1992 r .

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AW 92 387 ,

(1) I am Manager, Strategic Licensing issues, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been spcifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemaking pro;cedings, and am authorized to apply for its withholding on behalf of the Westinghr.ise Energy Systerns Business Unit.

(2) I am making this Affidavit in conformance with the provisions of 10Cl41 Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse applicatian for withholding accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating 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 following is furnished for consideration by the Commission in determining whether the inforniation 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. I (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 l

in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis requised.

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 !oss of an existing or potential competitive advantage, as follows: .

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AW.92 387 ,

(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 constitmes a competitive economic advantage over othen companies.

(b) It consists of supporting data, including test data, relative to in process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimir.ation or improved ,

marketability.

(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 licensir.g a sin.ilar product. ,

(d) It reveals cost or price information, production capacities, budget levels, or  ;

commercial 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.

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 competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

9 (b) It is information which is marketable in many ways. The extent to which such . ,

information is available to competitors diminishes the Westinghouse ab'ility to -

j. sell products and services involving the use of the information.

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AW.92 387 (c) Use by our competitor would put Westinghouse at a coinpetitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each compinent of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If comp:titors acquire components of proprietary information, any one component mriy be the key to the entire puole, thereby depriving Westinghouse of a compeutive advantage.

(c) Unresti t cted disclosure would jeopardire the position of prominence of _

Westinghouse in the world market, and thereby give a market advantage to the competiti n of those countries.

(f) The Westinghouse capacity to invest corpirate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(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 Commission.

(iv) The information sought to be protected is not available in public sources or available infonnation has not been previously employed in the same original manner or method to the best of our knowledge and belief.

(v) Enclosed is letter ET.NRC-92 3785, December 1992, being transmitted by Westinghouse Electric Corporation (W) letter and Application for Withholding Proprietary Information from Public Disclosure, N. J. Liparuto (.\.D, to Dr. nomas Murley, Director, Office of NRR. The proprietary infonnation as submitted for use by Westinghouse Electric Corporation is in response to questions concerning the AP600 plant and the associated design certification application and is expected to be e applicable in other licensee submittals in ruponse to certain NRC requirements for justification of licensing advanced nuclear power plant designs.

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AW 92 387 -

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This information is part of that which will enable Westinghouse to:

(a) Demonstrate the design and safety of the AP600 Passive Safety Systems.

(b) Establish applicable verification testing methods.

(c) Design Advanced Nuclear Power Plants that meet NRC requirements.

(d) Establish technical and licensing approaches for the AP600 that will ultimately result in a certified design. l (c) Assist customers in obtaining NRC approval for future plants.

Further this information has substantial commercial value as follows: j (a) Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for advanced plant licenses.

(b) Westinghouse can sell support and defense of the technology to its customers in the licensing process.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar advanced nuclear power designs and licensing defense services for commercial power reactors without commensurate expenses. Also, public ,

disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

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

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AW 92-387 i

In order for competitors of Westinghouse to duplicate this information, 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 developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth act.

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