ML20084P657

Application for Withholding Proprietary RESAR-SP/90 Westinghouse Advanced PWR Module 2, Regulatory Conformance (Ref 10CFR2.790)

ML20084P657
Person / Time
Site:	05000601
Issue date:	11/30/1983
From:	Mcadoo J, Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Harold Denton Office of Nuclear Reactor Regulation
Shared Package
ML19269A120	List: ML20084P651 ML20084P657 ML20084P661 ML20084P664 ML20084P667 ML20084P671 ML20084P674 ML20084P676 ML20084P681 ML20084P686 ML20084P694
References
AW-83-109, NUDOCS 8405180307
Download: ML20084P657 (9)

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Boxass Westinghouse Water Reactor Pittsburg1 Pennsylvania 15230 Electric Corporation Divisions November 30, 1983 Mr. Harold R. Denton, Director Office of Nuclear Reactor Regulation AW-83-109 U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Docket No. STN50-601 APPLICATION FOR WI'lHHOLDING PROPRTETARY TMFORMATION FROM PimLTC DIS 10SURE 4

Subject:

Westinghouse Advanced Pressurized Water Reactor (MAPWR) Reference Safety Analysis Report, RESAR SP/90, PDA. Module 2, " Regulatory Conformance" Ref: Westinghouse Letter No. NS EPR-2862, Rahe to Denton, dated November 30, 1983

Dear Mr. Denton:

This 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-EPR-2675 dated Novenber 1,1982 and is equally applicable to this material.

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

I Correspondence with respect to this application for withholding or the accompanying affidavit should reference AW-82-109 and should be addressed to the undersigned.

Very truly yours, Robert A. Wiesemann, Manager Regulatory & Legislative Affairs

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Enclosure  ;

1 cc: E. C. Shomaker, Esq. l Office of the Executive Legal Director, NRC -

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AW-82-57

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AFFIDAVIT COMMONWE".TH 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 avennants of fact set forth in this Affidavit are true and correct to the best of his knowledge, information,. and lae11ef:

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\z mm r c-n Q. McAdoo, Assistant Manager

Nuclear Safety Department i

Sworn to and subscribed I

before me this / day .

of hsruly.;Ll1982.

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Notary Public j ( .' ..

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'Masenlut 5038. Au1EMN COUIRr af COMMSSO4 GFftG MAacil 10.195' m en. P me 4:==*= ee

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AW-82-57 i  !

(1) I am Assistant Manager, Nuclear Safety Department, in the Nuclear l Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing i

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 as making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in con-

junction with the Westinghousa application for withholding ac-companying thir Affidavit.

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l (3) I have personal knowledge of. the criteria and procedures utilized s -

by Westinghouse Nuclear Energy 5ystans in designating infomation

!! \.{j, as a trade secret, privileged .or as confidential commercial or ,

i financial infomation. .

(4) Pursuant to the provisions of paragraph (b).(41 of Section 2.790 of the Cosedssion's regulations, the following is furnished for l consideration by the Consission in datemining whether the in- .

fonnation sought to be withheld from public disclosure should be

! withheld.  !

(f) The infonnation sought to be withheld from public disclosure

! is owned and has been held in confidence by Westinghouse. '

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i (ii) The infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public.

, Westinghouse has a rational bas'is for detemining the types of infomation customarily held in confidence by it and, in j

that connection, utilizes.a system to determine when and whether to hold certain types of infomation in confidence.

The application of that system "and the substance of that

! system constituter Westinghouse policy and provides the

{ rational basis required.

Under that system, infomation is held in confidence if it j ,

falTs in one or more of several types, the release of which j might result in the loss,4f an existing or potential com-

petitive advantage, as "follows

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j (a) The information reveals the distinguishing aspects of ,

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a process (or " component, structure, tool, method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-l l tutes a competitive economic advantage over other I

companies. -

l (bl. It consists of supporting data, including test data, relative to a process (or component, structure, tool, l

method, etc.), the application of which data secures a  :

I competitive economic advantage, e.g., by optimization  !

or improved marketability. l I

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(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the des.ign, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

(d) It reveals cost or price infonnation, production cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers. ,

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

l (f). It contains patentabla ideas, for which patent pro-

( taction may be desirab.le.

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I (g). It is not the property of Westinghouse, but must be j 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 infonnetion by Westinghouse gives l Westinghouse a competitive advantage over its com-petitors. It is, therefore, withheld from disclosure l '

t to protect the Westinghouse competitive position.

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-E- AW-82-57 i-(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 l

. information.

(c) Usa by our competitor would put Westingbouse at a competitive disadvantage by reducing his expenditure i 4

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-instion, any one. component may be the key to the entire

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advantage. -

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e Unrestricted disclosure would jeopardize the position j of prominence of Westinghouse in the world market,

and thereby give a market advantage to the competition- -

in those countries.

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(f]. The. Westinghouse capacity to invest corporate assets i

in research and development depends upon the success l in obtaining and maintaining a competitive advantage.

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AW-82-57

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i (iii) The infomation 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 Comission.

i (iv). The information sought to be protected is not available in

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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 infonnation sought to be withheld in this sub-mittal is that which is. appropriately marked in the " Westing-i house Advanced Pressurized. Water Reactor (WAPWR) Licensing

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Control Document." This document identifies specific design features and improvements which the ,WAPWR will have in order l ,)

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to meet current reguTatorg requirements. In addition, it establishes the ]jAPWR position with respect to each require-ment. -

Public disclosure of this infonnation is likely to cause sub-stantial harm to the competitive position of Westinghouse as

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it would reveal the description of the improved design features -

. of the jfAPWR; Westinghouse plans for future design, testing. and

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j analysis aimed at design verification; and demonstration of the e

design's capability to meet evolving NRC/ACRS safety goals.

All df this infomation fs of competitive value because of the '

l large amount of effort and money expended by Westinghouse over a period of several years in carrying out this particular 1

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development program. Further, it would enable comoetitors to use the infonnation for coninercial purposes and also to meet NRC requirenants for licensing documentation, each without purchasing the right from Westinghouse to use the infomation.

Information regarding its development pmgrams is valuable to Westinghouse because

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

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

(b). It is information wiiich is marketable in many ways. The

) extent to which sucir_i.nfomation is available to competi-2 --

tors diminishes the Westinghouse ability to sell products i

and services involving the use of the infomation.

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(.cl. Use by our competitor 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 j l

a particular competitor advantage is potentially as ,

valuable as the total competitive advantage. If com-petitors acquire components of proprietary infonnation, I any one component may be the key to the entire puzzle i

thereby depriving Westinghouse of a competitive advantage.

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i 1' l (e) The Westinghouse capacity to invest corporate assets in i research and development depends upon the success in obtaining and maintaining a competitive advantage. l Being an innovative concept, this infonnation might not be i discove; ed by the competitors of Westinghouse independently. ,

i 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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