ML20207R959

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Requests Withholding of Proprietary RESAR-SP/90 Westinghouse Advanced Pwr,Module 10, Containment Sys, Per 10CFR2.790
ML20207R959
Person / Time
Site: 05000601
Issue date: 03/09/1987
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Murley T
Office of Nuclear Reactor Regulation
Shared Package
ML19292G939 List:
References
AW-87-19, NUDOCS 8703180358
Download: ML20207R959 (10)
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Westinghouse PowerSystems Ba 355 Pittsburgh PennsyNanta 15230 0355 Electric Corporation March 9,1987 AW-87-19 Docket No. STN-50-601 Dr. Thomas Hurley, Director Of fice of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of WAPWR RESAR-SP/90 PDA Module 10. " Containment Systems"

Reference:

Letter No. NS-NRC-87-3027, Johnson to Denton dated March 9, 1981

Dear Dr. Hurley:

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 af fidavit previously provided to justify withholding proprietary information in this matter was submitted as AW-82-57 with letter NS-NRC-86-3015 dated February 27, 1985, 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 accompanying affidavit should reference AW-87-19 and should be addressed to the undersigned.

Very truly yours, WMS/bek/2381n 4

Robert A.

d'((QL((t(]

esemann, Manager Enclosure (s) Regulatory & Legislative Affairs cc: E. C. Shomaker, Esq.

- Office of the General Council, NRC _.

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0703100350 070309 PDH ADOCK 05000601 K PDH

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIEIARY VERSIONS OF DOCUMENTS FURNISHED 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 SUBMIllED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIEIARY 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 SUPERSCRIPT IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM OF INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMAIION. IHESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION WESTINGHOUSE CUSTOMARILY HOLOS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) through (4)(ii)(g) 0F THE AFF10AVIT ACCOMPANYING THIS IRANSMITTAL PURSUANT TO 10CFR2.790(b)(l).

s AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 Affidavit are true and correct to the best.cf his knowledge, information, and belief:

@ hbic n D. McAcco, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day of h %ru]VJ_l1982.

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$4,LflY JA Notary Public nuuttt stanstA. n:tast Pusuc l geneerflut 0480. Au!GNig? COUNTY ai ceumission amo mAscH 10. Isas-meneer, Peenivevoed useottien e' Na"""

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AW-82 ~7 (1) I am Assistaat Manager, Nuclear Safety Department, in the Nuclear

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Technology Division, of Westinghouse Electric Corporation.and as such I have been specifically delegated the function of reviewing the proprietary infomation sougnt to be withheld from public dis-closure in connection witV 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 confomance with tne provisions of 10CFR Section 2.790 of the Comission's regulations and in con-junction with the Westinghouse application for withholding 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 commercial or financial information.

(4) Pursuant to the provisions of paragrapn (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Commission in detemining whether the in-formation sought to be withheld frcm public disclosure should be withheld.

(,1 ) The infomation sought to be withheld frem public disclosure is owned and has been held in confidence by Westingneuse.

s AW-82-57 (ii) The information is of a type customarily held in confidence ,

by Westinghouse and not custemarily disclosed to the public.

Westinghouse has a rational bas'is 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 in confidence.

l The application of that system and the substance of that -

system constitutes Westinghouse policy and provides the I

rational basis required.

Under that system, infonnation 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 advantage, as follows:

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

where prevention of its use by any of Westingnouse's competitors w'ithout Itcense from Westingnouse cdnsti-tutes a competitive economic advantage over other companies.

(b). It consists of supporting data, including test data, l

relative to a process (or comconent, structure, teol, method, etc.), the acclication of wnien data secures a i

ecmpetitive econcmic advantage, e.g., by optimi:stion or improved marketability.

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. - .1 - AW-82-57 (c) Its use by a competitor would reduce his expenditure

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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 infomation, production cap-acities, budget levels, or comercial 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 comercial value to Westinghouse.

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

(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 Westinghouse system which include the following:

(a) The use of such infomation by Westinghouse gives Westinghouse a competitive advantage over its ccm-petitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

, AW-82-57 (b) It is information which is marketable in many ways.

The extent to which such infor nation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infonnation.

(c) Usa 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 jeopardi:e the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

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

I AW-82-57 (iii) The information is being transmitted to the Cemission in .

confidence and, under the provisions of 10CFR Sectiert 2.790, it is to be received in confidence by the Comission.

Civ) The information sought to be protected is not available in pubite sources or available information has not been pre-viously employed in the same original manner or method to the,birst of our knowledge and belief.

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

Public disclosure of this information is likely to cause sub-stantial harm to the competitive position of Westinghouse as it would reveal the description of the improved design features of the WAPWR; Westinghouse plans for future dest;n, testing and 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 competitive value because of the large amount of effort and money expended by Westingneuse over a period of several years in carrying out this particular l

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' AW-82-57 development program. Further, it would enable competitors to ,

use the information for comercial purposes and also.to meet NRC requirements for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Infomation regarding its development programs is valuable to

. Westinghouse because: .

(.a) Infomation resulting from its development programs gives Westinghouse a competitive advantage over its competitors.

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

(b) It is infomation which is marketable in many ways. The

extent to which such infomation is available to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the infer nation.

(,c) Use by our competitor would put Westinghouse at a com-petitive disadvantage by reducing his ex;enditure 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 component may be the key to the entire pu::le

! thereby depriving Westinghouse of a competitive advantage.

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AW-82-57

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(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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