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SOUTH CAROUNA ELECTRIC a gas COMPANY g,o.,cre,ec .o. ,..

Cowns A Soutw CAnoWNA 292f8

T.C NicMots Jm.v.c. c ....., o a . c,ecom. September 24, 1980 -

(Nuclear Operations)

Mr. Harold R. Denton, DirectorOffice of Nuclear Reactor RegulationU. S. Nuclear Regulatory CommissionWashington, D. C. 2055$

Subject: Virgil C. Summer Nuclear Station-,

Docket No. 50/395'

NUREG-0588

Dear Mr. Denton:

As requested in Mr. D. F. Ross, Jr. letter dated February 21, 1980,South Carolina Electric and Gas Company, acting for itself and as agentfor South Carolina Public Service Authority, herewith files forty-five(45) copies of Information Related to Electrical Equipment Qualification(Non-Proprietary); twenty (20) copies of Information Related to ElectricalEquipment Qualification (Proprietary); and one (1) copy of WestinghouseAf fidavit CAW-80-31 (Non-Proprietary) .

As this submittal contains information proprietary to WestinghouseElectric Corporation, it is supported by an affidavit signed by Westing-house, the owners of the information. The affidavit sets fot:h the basison which the information may be withheld from public disclosura by theCommission and addresses with specificity the considerations listed inparagraph (b)(4) of Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the information whichis proprietary to Westinghouse be withheld from public disclosure inaccordance with 10CFR Section 2.790 of the Commission's regulations.Correspondence with respect to the proprietary aspects of this applicationfor withholding or the supporting Westinghouse affidavit should referenceCAW-80-31, and should be addressed to R. A. Wiesemann, Manager, Regulatoryand Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355,Pittsburgh, Pennsylvania 15230.

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Mr. Harold R. DentonPage TVo

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If you require any additional information, please let us know.

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Very truly yours,

T. C. Nichols, Jr.

RBC:TCN:rh

cc: V. C. Summeri G. H. Fischer4 B. A. Bursey

W. A. Williams, Jr.TI C. Nichols, Jr. |

! E. H. Crews, Jr.H. T. SabbD. A. Nauman

y O. S. Bradham || 0. W. Dixon, Jr. 1

T. B. Conner ): R. B. Clary; NPCF/Whitaker! File!

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CAW-80-31

AFFIDAVIT |

COMMONWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appearedRobert A. Wiesemann, who, being by me duly sworn according to law, |

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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 correctto the best of his knowledge, infonnation, and belief:

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NL IY11 4t MRobert A. Wiesemann, ManagerRegulatory and Legislative Affairs

Sworn to and subscribed

before me this n day

of ue _1980.

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. Notary Public <

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(1) I am Manager, Regulatory and Legislative Affairs, in the NuclearTechnology Division, of Westinghouse Electric Corporation and assuch, I have been specifically delegated the function of reviewingthe 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 withholdingon behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of10CFR Section 2.790 of the Ccmmission's regulations and in con-

junction with the Westinghouse application for withholding ac-companying this Affidavit.

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(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 commerical or ,

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financial information..

(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790of the Commission's regulations, the following is furnished forconsideration by the Commission in determining whether the in-formation sought to be withheld from public disclosure should be

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Jwithheld.

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

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(ii) The information is of a type custcmarily held in co-fidenceby Westinghouse and not customarily disclosed to the public.Westinghouse has a rational basis for determining the types ,

of information customarily held in confidence by it and, inthat connection, utilizes a system to determine when andwhether to hold certain types of information in confidence.The application of that system and the substance of thatsystem constitutes Westinghouse policy and provides therational basis required.

Under that system, information is held in confidence if itfalls in one or more of several types, the release of whichmight 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, structure, tool, method, etc.)where prevention of its.use by any of Westinghouse'scompetitors without license from Westinghouse consti-tutes a competitive economic advantage over other

companies.

(b) It consists of supt.7rting data, including test data,relative to a proces. (or component, structure, tool,'

method, etc.), the application of which data secures aconpetitive economic advantage, e.g. , by optimizationor improved marketability.

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(c) Its use by a competitor would reduce his expenditureof resources or improve his canpetitive positioniin thedesign, manufacture, shipment, installation, assuranceof quality, or licensing a similar product.

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

(e) 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-'

tection may,be desirable.

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

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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 from disclosure

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to protect the Westinghouse competitive position.i |

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(b) It is information which is marketable in many ways.

The extent to which such information is available tocompetitors diminishes the Westinghouse ability tosell products and services involving the use of theinformation.

(c) Use by our competitor would put Westinghouse at acompetitive disadvantage by reducing his expenditureof resources at our expense.

(d) Each 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 comoonent may be the key to the entire.

puzzle, thereby depriving Westinghouse of a competitive **

advantage.-

(e) Unrestricted disclosure would jeopardize the positionof prominence of Westinghouse in the world market,

- and thereby give a market advantage to the competition

in those countries.

(f) The Westinghouse capacity to invest corporate assetsin research and development depends upon the success'

in ou3aining and maintaining a competitive advantage.

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(iii) The information is being transmitted to the Comission inconfidence and, under the provisions of 10CFR Section 2.790,it is to be received in confidence by the Comission.

(iv) The information sought to be protected is not available inpublic sources to the best of our knowledge and belief.

(v) The proprietary infomation sought to be withheld in thissubmittal is appropriately marked infomation provided toWestinghouse utility custcmers in WCAP-9745 entitled

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"Results of Westinghouse Review of Environmental Qualifi-cation References for WRD Supplied Category II Equipment

with Respect to the Staff Positions in NUREG-0588" fortheir use in responding to the NRC request to review theirqualification programs against the standards establishedin NUREG-0588. <

This infomation enables Westinghouse to:

(a) Develop test inputs and procedures to sa,tisfactorilyverify the design of West'inghouse supplied equipment.

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(b) Assist its customers to obtain licenses.

Further, the information has substantial comercial valueas follows:

(a) Westinghouse can sell the use of this information tocustomers.

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(b) Westinghouse uses the information to verify the designof equipment which is sold to customers.

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(c) Westinghouse can sell testing services based upon theexperience gained and the test equipment and methods

; developed.

Public disclosure of this information is likely to causesubstantial harm to the competitive position of Westinghousebecause it would enhance the ability of competitors to design,manufacture, verify, and sell electrical equipment for com- |mercial power reactors without commensurate expenses. Also,

public disclosure of the information would enable othershaving the same or similar equipment to use the information

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to meet NRC requirements for licensing documentation withoutI purchasing the right to use the information.

The development of the equipment described in part by the' information is the result of many years of development by

Westinghouse and the expenditure of a considerable sum ofmoney.

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

appropriate talent available and could somehow obtain therequisite experience.

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Further the deponent sayeth not..

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