ML20213F367

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Applies for Withholding of Proprietary Version of RESAR-SP/90 Advanced PWR Module 13, Auxiliary Sys, Per 10CFR2.790
ML20213F367
Person / Time
Site: 05000601
Issue date: 10/29/1986
From: Wiesemann R
WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To: Harold Denton
Office of Nuclear Reactor Regulation
Shared Package
ML19292G244 List:
References
AW-86-101, NUDOCS 8611140175
Download: ML20213F367 (9)
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Westinghouse PowerSystems Bcx 355 Pittsbu@ Pennsy!vania 15230 0355 Electric Corporation October 29, 1986 AW-86-101 Docket No. SIN-50-601 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETAPY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Submittal of WAPWR RESAR-SP/90 PDA Module 13, " Auxiliary Systems"

Reference:

Letter No. NS-NRC-86-3175, Rahe to Denton dated October 29, 1986

Dear Mr. Denton:

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-82-51 with letter NS-NRC-86-3015 dated February 21, 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./90 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-86-101 and should be addressed to the undersigned.

Ver. fuly yours,

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(({ W WMS/bek/1852n . If b'ert A. piesemann, Manager Enclosure (s) -Regulatory"& Legislative Affairs cc
E. C. Shomaker, Esq.

Office of the General Council, NRC 8611140175 861029 PDR ADOCK 05000601 K PDR Ltr fatb N

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AW-82-57 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared John D. McAdoo, 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.of his knowledge, information, and belief:

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n D. McAcco, Assistant Manager Nuclear Safety Department Sworn to and subscribed before me this / day of b .4 m I R 1982. /

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.lLLlLU /Y Notary Public Paill!TTI !LCN!IA M:TAaf PU8uc I 'JCNf90ltit CCao, ALLIGNtMT COUNTT NT C0ilMl!!!09 DFl2C MARCH 10. 1336' hmW. Pesaivmm.a Association ef Matsra+

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AW-82-57 (1) I am Assistant 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 proprietary information sought to be withheld from public dis-closure in connection with' 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 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 confidential comercial or financial information.

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

(i) The infornation 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 customcrily disclosed to the public.

Westinghouse has a rational bas'is for determining the types of infonnation customarily held in confidence by it and, in l that connection, utilizes a system to detennine 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 might result in the loss .of an existing or potential com-petitive advantage, as follows:

l (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 license from Westingnouse cdnsti-tutes a competitive economic advantage over other companies.

('b ). It consists of supcorting data, including test data, relative to a process (or comconent, structure, tool, method, etc.), the application of wnien data secures a j

competitive econcmic advantage, e.g., by optimi:ation or improved marketability.

4- AW-82-57 (c) Its use by a competitor would reduce his expenditure of r,esources 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 ccmmercial 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 commercial value to Westinghouse.

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

(gl 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 benind the Westingneuse system which include the following:

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

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

The extent to which such infomation 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 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 comoetitive 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 comoetition in those countries.

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

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AW-82-57 (iii) The information is being transmitted to the Ccmmission 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 information has not been pre-viously employed in -he same original manner or method to the.best 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 reguTatory 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 }{APWR; Westinghouse plans for future design, 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 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 competitors to use the information for commercial purposes and also.to meet NRC requirements for licensing documentation, each without 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 programs 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 extent to which such information is available to competi-tors diminishes the Westinghouse ability to sell products and services involving the use of the information.

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

(d) Each componert 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 comconent may be the key to the entire pu::le thereby depriving Westinghouse of a competitive advantage.

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-E- AW-82-57 (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 l<ould then have to expend an effort similar to that of Wesdinghouse to develop the design.

Further the deponent sayeth not. i i

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