ML20234C511

Requests That Proprietary Amend 3 to Westinghouse Advanced PWR RESAR-SP/90 Preliminary Design Approval Module 9, Instrumentation & Controls & Electric Power, Be Withheld (Ref 10CFR2.790)

ML20234C511
Person / Time
Site:	05000601
Issue date:	12/17/1987
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
ML19302D243	List: ML20234C511 ML20234C527 NRC-87-3296, Forwards Nonproprietary & Proprietary Amend 3 to Westinghouse Advanced PWR RESAR-SP/90 Preliminary Design Approval Module 9, Instrumentation & Controls & Electric Power. Proprietary Amend Withheld (Ref 10CFR2.790)
References
AW-87-131, NUDOCS 8801060245
Download: ML20234C511 (10)

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Westinghouse Power Systems fn"AuIpPenns$ane M30 0E Electric Corporation December 17, 1987 AW-87-131 Docket No. STN-50-501 l Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Lester Rubenstein, Director Standardization & Non-Power Reactor Project Directorate <

l APPLICATION FOR WITHHOLDING PROPRIETARY J INFORMATION FROM PUBLIC DISCLOSURE i

Subject:

Submittal of Amendment 3 to WAPWR RESAR-SP/90 PDA Module 9, l

" Instrumentation & Controls and Electric Power"

Reference:

Letter No. NS-NRC-87-3296, Johnson to Rubenstein dated December 17, 1987 Dear Mr. Rubenstein-I' 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 Comission's regulations. It contains commercial  !

strategic information proprietary to Westinghouse and customarily held in confidence.

The affidavit previously provided to justify withholding proprietary I information in this matter was submitted as AW-82-57 with letter NS-NRC-85-3015 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 i 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-87-131 and should be addressed to the undersigned.

Very t ly yours, WMS/bek/3449n ' ert A. esemann, Manager Enclosure (s) egulatory.& Legislative Affairs - l cc: E. C. Shomaker, Esq.

Office of the General Council, NRC  ;

8801060245 B71217 E' ,

PDR ADOCK 05000601 -

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

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2,790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBM1iitu TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS j IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BEEN CELETEC IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS REMAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO HAVING BEEN DELETED.

DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT l

IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH ITEM 0F INFORMATION BEING 1 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 i

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 iuthorized 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 t'o the best,of his knowled-- information, and belief:

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'M w C u - i n D. McAcco, Assistant Manager Nuclear-Safety Department Sworn to and subscribed before me this / day of h%rWIV.Ll1982.

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LLLlLU Ah Notary Public PautITTI SLCK3%A, MCTARY PUBUC

'Jokf9(VILit 50R0. ALLIGHENT Coul67 -

31 COLIM133104 QP120 MARCH 10,1986' 11em6er. Pennsylvania Assocatieri of Metse a*

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. J AW-82-57 (1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as I 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 Affidavi+  !

i (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 consideration by the Comission in determining whether the in- i formation 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.

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

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Westinghouse has a rational basis for determining the types j of information customarily held in confidence by it and', in I that connection, utilizes 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. i i

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- l petitive advantage, as follows:

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(.a ) The information reveals the distinguishing aspects of a proc.ess (or c:mponent, stru'cture, tool, method, etc.)'

where prevention of its use by any of Westinghouse's competitors without license from Westinghouse cdnsti-tutes a competitive economic advantage over other companies.

('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 advantage, e.g. , by optimization or improved marketability.

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d- 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 customers 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.

(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 fallowing: -l (a) The use of such information by Westinghouse gives Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from . disclosure to protect the Westinghouse competitive position. i m--_--------------_--_- - - - - - --_ - - - . - - - - _ _ _ - - - - - - . - - - - - . - - - - _ _ _ _ - - - - .

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0 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) Use by our competitor wou'Id 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 i 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.

l l (e) Unrestricted disclosure would jeopardize 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.

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AW-82-57 i

(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.

I (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 or method to i the best of our knowledge and' belief.

(v). The proprietary information sought to be withheld _in this sub-1 l

mittal is that which is. appropriately marked in the " Westing- 1 l 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 i to meet current reguTatory requirements. In acidition, it i 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 design, testing and analysis aimed at design verification; and demonstration of the design's capability to meet evolving NRC/ACRS safety goals All df this infonnation is of competitive value. because' of the large amount of effort and money expended by Westinghouse 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 commercial purposes and also to meet

,NRC requirements for licensi,ug documentation, each without 9urchasing the right from Westinghouse to use the information.

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Information regarding its development programs is valuable to A

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

It is, therefore, withheic from disclosure to protect the ,

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( Westinghouse competitive' position. l (b) It is information which is marketable in many ways. The g.  ;

< extent to which such information is available to competi-tors diminishes the Westinghouse athlity to sell products and services involving the use of the information.

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

(d) Each component of proprietary information pertinent to a particular compet-!cor advantage is potentjaily as valuable as the total competitive adiantage: "If com-petttors acquire components of proprietary information, any one component may be the key to the entire puz:le thereb'y deprivjng Westinghouse of a competitive advantage.

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.q (e) The Westinghouse capacity to. invest corporate assets.in i research and development depends upon the success in obtaining and maintaining a competitive' advantage.

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

. To duplicate this information, competitors would first have- '

, j to be similarly inspired and would then have to expend an i effort similar to that of Westinghouse to develop the design. l Furtner the deponent sayeth not. i

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