ML20154H656

Requests That Proprietary Amend 1a to RESAR-SP/90 Pda Module 3, Introduction & Site, Be Withheld from Public Disclosure (Ref 10CFR2.790)

ML20154H656
Person / Time
Site:	05000601
Issue date:	05/13/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Rubenstein L NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19292H824	List: ML20154H656 ML20154H670 NRC-88-3336, Forwards Proprietary & Nonproprietary Amend 1a to RESAR-SP/90 Pda Module 3, Introduction & Site. Proprietary Amend Withheld (Ref 10CFR2.790)
References
AW-88-044, AW-88-44, NUDOCS 8805260020
Download: ML20154H656 (10)

Text

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s Westinghouse Water Reactor ""khmksv >Sim Electric Corporation Divisions acx333 Pittsburgh Pemsylvania15230 May 13, 1988 AW-88-044 Docket No. STN-50-601 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Lester Rubenstein, Director Standardization & Non-Power Reactor Project Directorate APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of Amendment la to MAPWR RESAR-SP/90 PDA Module 3, l

"Introduction and Site"

Reference:

Letter No. NS-NRC-88-3336, Johnson to Rubenstein dated May 13, 1988 i

Dear Mr. Rubenstein:

The application for withholding is submitted by Westinghouse Electric Corporation ("Westinghouse") pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations. It contains commercial strategic information proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-NRC-85-2994 dated January 30, 1935, and is equally applicable to this material.

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 accoinpanying affidavit should reference AW-88-044 and should be addressed to the undersigned, j Ver.)r ruly yours, ,

L N LW]lW/( t WMS/bek/0077B Robert A. Wiesemann, Manager

- Enclosure (s) Regulatory & Legislative Affairs -

cc: E. C. Shomaker, Esq.

Office cf the General Counsel, NRC i

i 8805260020 880513 PDR ADOCK 05000601 A DCD

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FVRNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN DELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SVPiRSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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AW-82-57 1

AFFIDAVIT i COMMONWEALTri 0F PENNSYLVANIA:

, ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, who, being by me duly sworn according to law, decoses 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 Affidavit are true and correct to the best.of his knowledge, information, and belief:

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w wC c-n D. licAcco, Ass 1stant . Manager Nuclear Safety Cepartment Sworn to and subscribed before me this / day of bu mlV.Ll1982.

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4 AW-82-57 (1) I am Assistant Manager, Nuclear Safety Cesartment, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sougnt to be withheld from public dis-closure in connection with' nuclear power plant licensing or rule-making proceedings, and am authori:ed 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 Commission's regulations and in con-junctfun with the Westinghouse application for withnolding ac-companying thir Affidavit.

(3) I have personal knowledge of the criteria and procedures utili:ed by Westinghouse Nuclear Energy _ Systems in designating information as a trade secret, privileged or as confidential c:mmercial or financial information.

(4) Pursuant to the provisions of paragrapn (b)(4) of Section 2.790 of the Commission's regulations, the following is furnished for censideration by the Commission in determining wnether the in-formation sought to be withheld fr m public disclosure snould be withheld.

(i) The information sought to be withheld frem public disclosure is owned and has been held in confidence by Westingnouse.

AW-82-57 (ii) The information is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

Westinghouse has a rational bas'is for determining the types of infonnation 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 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 wnich might result in the loss .of an existing or potential com-petitive advantage, as follows:

(,a ) The information reveals the distinguishing aspects of a piocess (or component, stru'cture, tool, method, etc.)

where prevention of its use by any of Westingnouse's c:mpetitors w'ithout license from Westingnouse consti-tutes a competitive economic advantage over other companies.

(b }. It consists of supporting data, including test data, relative to a process (or ccmconent, structure, teol, method, etc.), the acclication of wnien data secures a competitive econcmic advantage, e.g. , by optimi:ation or improved marketability,

-J- AW-82-57 (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 commercial strategies of Westinghouse, its custcmers or suppliers.

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

(f). It contains patentable ideas, for which patent pro-taction may be desirab.le.

(gl It is not the procerty of Westinghouse, but must be treated as proprietary by Westinghouse according to agreements with the owner.

There are sound policy reasons benind the Westingneuse system wnich include the following:

(a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld frcm disclosure to protect the Westingneuse comoetitive position.

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AW-82-57 (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) Usa by our competitor would put Westingaouse at a competitive disadvantage by reducing his exper.diture 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 puz:le, thereby depriving Westinghouse of a c:moetitive advantage.

(e) Unrestricted disclosure would jeccardi:e the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the c:moetition in those countries.

(fl The Westinghouse capacity to invest corporate assets in research and development depends upon the sue:ess in obtaining and maintaining a competitive advantage.

AW-82 ~7 (iii) The information is being transmitted to the Cemission 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 er method to the.best of our knowledge and belief.

(vl The proprietary information sought to be withheld in this sub-mittal is that which is appropriately marked in the "Westing-house Advanced Pressuri:ed Water Reactor (WAPWR) Licensing Control Document." This document identifies specific design features and improvements which the WAPWR will have in order to meet current reguTatory requirements. In addition, it establishes the ' fAPWR position with respect to each require-ment.

Pubite disclesure of this information is likely to cause suo-stantial ham to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future design, testing and l

l analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals.

All of this information is of comoetitive value because of the large amount of effort and money expended by Westingneuse over a period of several years in carrying out this particular

AW-82-57 development program. Further, it would enable c0mpetitors to use the information for commercial purposes and also ? meet NRC requirements for licensing documentation, eacn wi+ sJt purchasing the right from Westinghouse to use the information.

Information regarding its development programs is valuable to

. Westinghouse because:

(a) Information resulting from its development prograns gives Westinghouse a competitive advantage over its competitors.

It is, therefore, withheld frem disclosure to prote-t the Westinghouse competitive position.

(b) It is information which is marketable in many ways. The extent to which such information is available to competi-tors diminishes the Wastinghouse ability to sell product and services involving the use of the information.

(c) Use by our competitor would put Westingnouse at a ccm-petitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinent to a particular competitor advantage is potentially as valuable as the total competitive advantage. If com-petitors acquire components of proprietary information, any one c:mponent may be the key to the entire puz:le thereby depriving Westinghouse of a competitive advantage.

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AW-32-57 (e) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

Being an innovative concept, this information might not be discovered by the competitors of Westinghouse independently.

To duplicate this information, competitors would first have to be similarly inspired and would then have to expend an effort similar to that of Westinghouse to develop the design.

Further the deponent sayeth not.

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