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OWestinghouse Water Reactor WPer' t;ir ; e

Electric Corporation Divisions m3: m:;;n :e:r2, .3r..C 5a;

Meach 31,1981Ah-81-20

Mr. James R. Miller, ChiefSpecial Projects BranchDivision of Project ManagementNuclear Regulatory CommissionPhillips Building7920 Norfolk AvenueBethesda, Maryland 20014

APPLICATION FOR WITHHOLDING PROPRIETARYINFORMATION FROM PUBLIC OISCLOSURE

SUBJECT: Westinghouse Equipment Qualification Programs Test Report EO2BVeritrak Pressure Transmitters - Qualification Group B

REF: Westinghouse Letter No. NS-TMA-2418, Anderson to Miller, datedMarch 31,1981

Dear Mr. Miller:

This application for withholding is submitted by Westinghouse Electric Corporationpursuant to the provisions of paragraph (b)(1) of 10CFR 2.790 of the Commission'sregulations. It applies to the proprietary material transmitted by the referencedletter which supplements proprietary material previously submitted concerning thequalification of safety-related electrical equipment.

The affidavit provided to justify withholding the previously submitted material,AW-80-27, a copy of which is attached, is equally applicable to this material. Thereferenced affidavit was submitted by Westinghouse Letter No. NS-TMA-2257,Anderson to Miller, dated June 16,1980.

- Accordingly, it is tequested that the subject Westinghouse proprietary material bewithheld from public disclosure in accordance with the provisions of 10CFR 2.790of the Commission's regulations.

Correspondence 'with respect to the proprietary aspects of this application forwithholding or the accompanying affidavit should reference AW-81-29 and should beaddressed to the undersigned.

Very truly yours,

O~ obert A. Wiesemann, Manager -

Regulatory & Legislative AffairsAB/ kegAttachment

ec: E. C. Shomaker, Esq.Office of the Executive Legal Director, NRC

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'W-3C-27

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CC"PON'.iEALTH OF PE.'ltiSYL'/AnIA:

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-CCUNTY OF ALLEGHENY:

3efore me, tne undersignec autnority, per sonally 3::cearecRober: A. '!iesemann, who, :eing cy me duly sworn ac:::rding to law,deposes and says that he is authori: ed Oc execute nis Afficavi on

benalf of Westinghouse Electric Corporation (" Westinghouse") and :nat

:ne averments of fact set forth in this Affidavit are true and correc:to the best of his knowledge, information, and belief:

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Racert A. Wiesemann, ManagerRegulatory and Legislative Affairs

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Sworn to and subscribed

before i this / [ day..of _ 1980.

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[NotaryPublici,

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'i) : an ''anager, Reguia ry ar.c .egislative 1.f' airs , in ne Nuclea-Tecnnoicgy ivisica, of Westingneuse Elec:ri: :r:cra:icn anc as

sucn, I nave teen 5:ecifically :siega:sc ne 'unc-ion :f reviewing

:ne procrie:ary infccma:icn scugn: :e wi:nneid from :u:lic cis-

cicsure in connecticn wi:n nuclear :cwer lan- licensing or rule-

making ;receecings, anc im au ncri:sc :: acoly for i s ai:nnci:ingon benalf of the West ngneuse Wa:ar Reac cr Divisions.i

(2) I am making :nis Affidavi- in ::nformance ai n ne :rovisicns of10CFR Section 2.790 of the Commission's regulaticns anc in con-junction with the Westingncuse acclication for wi nncicing ac-ccmpanying this Affidavit.

(3) I have personal kncwledge of the criteria and precedures utili:ecby Westingneus.e .1uclear Energy Systems in designating informationas a trade secret, privileged or as confidential commerical or. financial information.

(4) Pursuant to the provisions of paragraph (b)(1) of Section 2.790of:the Ccmmission's regulations, the following is furnished forconsideration by -the Commissiun in determining whether the in-formation sought to be withheld frcm public disclosure should bewithheld.

(i) The information sought to be withheld frcm public disclosureis owned and has been-held in confidence by Westinghouse.

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(ii) The information is cf a y:e :us ;carily neic in ::nfidence

by Westingncuse anc no. ust:marily disclosed to ne pu:lic.

Westingnouse nas a rational : asis for determining ne y:es

of informa:icn cus::marily r. ele in confidence ey i anc, in

tna: connection, utili:es a system to cetermine wnen andwhether to noic cer:ain :ypes of information in conficence.The a; plication of :na: system anc :ne sucstance Of tha-system constitutes Westingnouse :olicy anc provices :nerational basis recuired.

Under that system, information is held in confidence if itfalls in one or more of several types, the release of wnicnmight result in the loss of an existing or potential ccm-cetitive advantage, as follows:

(a) The information reveals the distinguishing aspects ofa process (or component, structure, tool, method, etc.)where prevention of its use by any of Westingnouse'scompetitors without ' license from Westinghouse consti-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,

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method, etc.), the application of which data secures a- competitive economic advantage, e.g., by optimi:ationor improved marketability.

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AW-30-27''--

(: ::s use :y a ::r nit:r oculc recuce nis ex:enditure

of resources Or imcrove his ccmce-itive ;osi icn in :ne

:esign, manufacture, snismen , installa-ion, assuranceof cuality, Or licensing a similar :rocuc .

(c) It reveals cost or price information, crocuction ca:-

acities, budget levels, or c mmercial s rategies f

Westinghouse, i s cust:mers r su cliers.

(e) I: reveals aspects of past, present, or fu:ure West-

ingnouse or customer funded develoccent plans and pro-

grams of potential c mmercial value :o Westinghouse.

~(f) It contains patentable ideas, for which patent pro-tection may be desirable.

(g) It is not the property of Westinghouse, but must betreated as proprietary by Westinghouse according toagreements with the owner.

There are sound policy reasons behind the Westinghouse system

which' 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

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to protect the Westirghouse competitive position.

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' b '; :: is inf:rma:icn unics is marke:acle in many aajs.The ex en: o wnicn sucn information is availatie toccmcetitors diminisnes -he Ws, -ingncuse 1:ili y tosell products and services invciving ne use of nei nforma tion.

(c) Use by our competitor wculd put Westingnouse a: accmce itive disadvantage :y recucing his ex enditureof resources at our expense.

(d) Eacn component of proprietary information pertinentto a particular competitive advantage is potentiallyas valuable as the total competitive advantage. If

competitors acquire components of proprietary infor-mation, any one ccmponent may be the key to the entirepuzzle, thereby depriving Westinghouse of a competitiveadvantage.

(e) ' Unrestricted disclosure would jeopardize the positionof prcminence cf Westinghouse in the world market,and thereby give a market advantage to the competitionin those countries.

(f) 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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['ii) ~he inf:rma-icn is :eing transmi- ac : ne :mmission d n-

c nficence anc, uncer ne rovisions of 10CFR Sec-icn 2.7^0,

it is to :e receivec in confidence by :ne Occmission.

(iv) The information scugn: to be rotected is not availacie inpublic sources to the best of our kncwledge and belief.

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(v) The procrietary informa-ion sougn: o :e wi nneld in thissucmittal is that which is aporocria ely markec in :ne a acn-

ment to '.lestinghcuse Letter No. NS-TMA-2257, Anderson o

Miller, dated June 15, 1980 concerning the Westingneuse Ecuic-

; -ment Qualification Program to address Regulatory Guides 1.89and 1.100. The letter and attachment are being sucmitted tocomplete the information provided in WCAP-8587, Supplement 1,

which was requested by the NRC via PBS Standard Question No. 4," Environmental Qualification of Class iE Equipment."_

This ir#ormation enables Westinghouse to:

(a) Develop. test . inputs and procedures to satisfactorily'' verify-the design of Westinghouse supplied equipment.

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-(b) Assist its customers to obtain licenses.

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Further,.the information has substantial commercial value,

.:as follows:

(a) Westinghouse -can sell the use of this information to,

customers.

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(b) Wes-ingnouse uses ne information to verify ne :esign

of scuipmen; wnien is said o cus::mers.

(c) Westingnouse can sell testing services :ased u:en theexperience gained and the tes ecuipment and me:nces

develooed.

Puolic disclosure of this information is likely to cause

substantial harm o One c0.Tpetitive position of Westingnousebecause it would ennance :ne ability of competi: Ors :o design,manufacture, verify, and sell electrical ecuipment for ccm-mercial power reactors without ecmmensurate expenses. Also,

public disclosure of the information would enable othershaving the same or similar equipment to use the informationto meet NRC requirements for licensing documentation without

purchasing the right to use the information.

The development of the equipment described in part by theinformation is the result of many years of development byWestinghcuse and the expenditure of a considerable sum of

. money.

This could only be duplicated by a ecmpetitor if he wereto invest similar sums of money and provided he had the

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appropriate talent available and could somehow obtain therequisite experience.

Further the deponent sayeth not.