DCL-13-061, CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 2

From kanterella
(Redirected from DCL-13-061)
Jump to navigation Jump to search
CS Innovations - Application for Witholding Proprietary Information from Public Disclosure, Enclosure, Attachment 2
ML13154A054
Person / Time
Site: Diablo Canyon  Pacific Gas & Electric icon.png
Issue date: 04/25/2013
From: Steven Roberts
CS Innovations
To: Schrader K
Office of Nuclear Reactor Regulation, Pacific Gas & Electric Co
Shared Package
ML131540159 List:
References
DCL-13-061, AFF6116-00053-5
Download: ML13154A054 (10)
v • d • e


Text

Attachments 3-7 to the Enclosure contain Proprietary Information - Withhold Under 10 CFR 2.390 Enclosure Attachment 2 PG&E Letter DCL-13-061 CS Innovations Authorization Letter, Affidavit AFF6116-00053-5 Attachments 3-7 to the Enclosure contain Proprietary Information When separated from Attachments 3-7 to the Enclosure, th is document is decontrolled.

CS Innovations A Westinghouse Electric Company CS Innovations, LLC 7400 E, Tierra Buena Lane, Su ite 101 Scottsda le, AZ 85260 April 25, 2013 Ph on e: 480-567-1100 Affid avit #AFF 6116-00053-5 Fax: 480-315- 9359 Pacific Gas & Electric Company Ken Schrader Diablo Canyon Power Plant, Bid 104/5/21 A 9 Miles NW of Avil a Beach Avila Beach, CA 93424 APP LICATION FOR WITHHO LDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSU RE S u b'IJec:t 6002-10202, Rev 3 ALS-102 Desig n Specification 6002-10206, Rev 1 ALS-102 FPGA Design Specification 6116-00100, Rev A Diablo Canyon PPS ALS-ASU Communication Protocol 6116-00000, Rev 4 Diablo Canyon PPS Management Plan 6116-00003, Rev 2 Diablo Canyon PPS VV Plan Referen ce : Letter fWIll Scott Roberts to PG&E, 611 6-00053, dated April 25 , 2013 The Application for Wi t hhol ding Proprietary Information from Public Disclosure is su bm itted by CS Innovations, LLC, a wh olly-owned subsidiary of Westing house Electric Co mpan y LLC (Westinghouse),

pursuant to the provision s of paragraph (b)( l ) of Se ction 2.390 of th e Com mission's regulations. It contains commercial strategic information proprietary to Westingho use an d customarily hel d in confidence.

The proprietary info rm at ion for which withho lding is being requested is con ta ine d in the documen ts ident ifi ed in t he Reference. In conformance with 10 CFR Section 2.390, Affidavit AFF6116-000S3 -S accompanies this appli cation for withholding, setting forth the basis on which the ide ntified proprietary information may be wit hheld from public disclosu re.

The documents identified in the Reference were prepared as Proprieta ry, and CS Innovation s reque sts that t hey be considered pro prietary in their entirety. CS Innovat ions does not plan to submit non -proprietary ve rsions of these documents due t o th eir extensive proprietary co ntent. Non-proprietary vers ions wou ld be of no value to the pub lic.

It is respectfu lly requested that the subject information which is proprietary to CS Innovations be withheld from pub lic disclos ure in accordance wi th 10 CFR Section 2.390 of th e Co mmission's regulations.

CS Innovations A Westinghouse Electric Company CS Innovations, LLC 7400 E. Tierra Buen a Lane, Suite 101 Scottsdale, AZ 852 60 April 25, 2013 Phon e: 480-567 -1100 Affidavit #AFF6116-0005 3-5 Fax: 480-315- 935 9 Correspondence with re spect to the proprietary aspects of the application for withholding or the accompan ying affidav it should refere nce AFF 6116-00053-5 and sh ould be addressed to Scott Ro berts, President, CS Innovations, LLC, 7400 E Tierra Buena Lane, Suite 101, Scottsda le, AZ 85260-179 5.

Very tru ly yours, Scott Roberts, President CS Innovations Enclosu re s

AFF6116-00053-5 AFFIDAVIT STATE OF PENNSYLVANIA:

COUNTY OF BUTLER:

Before me, the undersigned authority, personally appeared Scott Roberts, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of CS Innovations, LLC, a wholly-owned subsidiary of Westinghouse Electric Company LLC (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:

Scott Roberts, President CS Innovations Sworn to and subscribed before me this 25th day of April 2013.

~1~~ Notary Public NOTARII,,-SEM.

E HYSER PubliC BUTLER COUNTY Ju122.2016

2 AFF6116-00053-5 (l) I am President, CS Innovations, LLC, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalf of CS Innovations.

(2) I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the CS Innovations Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by CS Innovations in designating information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)( 4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information 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 CS Innovations.

(ii) The information is of a type customarily held in confidence by CS Innovations and not customarily disclosed to the public. CS Innovations has a rational basis for determining the types of information customarily held in confidence by it and, in 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 CS Innovations 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 competitive 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

3 AFF6116-00053-5 CS Innovations' competitors without license from CS Innovations constitutes 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 .

(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 capacities, budget levels, or commercial strategies of CS Innovations, its customers or suppliers.

(e) It reveals aspects of past, present, or future CS Innovations or customer funded development plans and programs of potential commercial value to CS Innovations.

(f) It contains patentable ideas, for which patent protection may be desirable.

There are sound policy reasons behind the CS Innovations system which include the following:

(a) The use of such information by CS Innovations gives CS Innovations a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the CS Innovations competitive position.

(b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the CS Innovations ability to sell products and services involving the use of the information.

(c) Use by our competitor would put CS Innovations at a competitive disadvantage by reducing his expenditure of resources at our expense.

4 AFF6116-00053-5 (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 information, anyone component may be the key to the entire puzzle, thereby depriving CS Innovations of a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of prominence of CS Innovations in the world market, and thereby give a market advantage to the competition of those countries.

(f) The CS Innovations capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, 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 previously employed in the same original manner or method to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is contained in the following documents being submitted to the Commission.

1) 6002-10202, Rev 3, ALS-102 Design Specification (Proprietary)
2) 6002-10206, Rev 1, ALS-102 FPGA Design Specification (Proprietary)
3) 6116-00100, Rev A, Diablo Canyon PPS ALS-ASU Communication Protocol (Proprietary)
4) 6116-00000, Rev 4, Diablo Canyon PPS Management Plan (Proprietary)
5) 6116-00003, Rev 2, Diablo Canyon PPS VV Plan (Proprietary)

These documents are being transmitted by CS Innovations letter, 6116-00053, and Application for Withholding Proprietary Information from Public Disclosure, to the

5 AFF6116-00053-5 Document Control Desk. The proprietary information as submitted by CS Innovations is submitted in support of Pacific Gas & Electric Company's intention to submit a license amendment request for a digital upgrade of the Diablo Canyon Power Plant Reactor Trip System and Engineered Safety Features Actuation System, and may be used only for that purpose.

This information is part of that which will enable CS Innovations to:

(a) Obtain NRC approval of its Advanced Logic System for use in Reactor Trip and Engineered Safety Features Actuation Systems.

Further this information has substantial commercial value as follows:

(a) CS Innovations plans to sell the use of this information to its customers for purposes of obtaining NRC approval of its Advanced Logic System for use in Reactor Trip and Engineered Safety Features Actuation Systems.

(b) CS Innovations can sell support and defense of the use of its Advanced Logic System in safety related applications.

(c) The information requested to be withheld reveals the distinguishing aspects of a methodology which was developed by CS Innovations.

Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of CS Innovations because it would enhance the ability of competitors to provide similar engineering services and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive CS Innovations effort and the expenditure of a considerable sum of money.

6 AFF6116-00053-5 In order for competitors of CS Innovations to duplicate this information, similar technical programs would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.

Further the deponent sayeth not.

PROPRIETARY INFORMATION NOTICE Transmitted herewith is the proprietary version of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval. The documents are to be considered proprietary in their entirety.

COPYRIGHT NOTICE The documents transmitted herewith bear a CS Innovations copyright notice. CS Innovations is a wholly-owned subsidiary of Westinghouse. The NRC is permitted to make the number of copies of the information contained in these documents which is necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection notwithstanding.

Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

Retrieved from "https://kanterella.com/w/index.php?title=DCL-13-061,_CS_Innovations_-_Application_for_Witholding_Proprietary_Information_from_Public_Disclosure,_Enclosure,_Attachment_2&oldid=2062704"