ML17345A800
| ML17345A800 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 04/02/1991 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17345A798 | List: |
| References | |
| CAW-90-062, CAW-90-62, NUDOCS 9104160393 | |
| Download: ML17345A800 (22) | |
Text
Westinghouse Electric Corporation Energy Systems Box 355 Pittsburgh Pennsylvania 15230 0355 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 April 2, 1991 CAW-90-062 Attention:
Dr. Thomas Hurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-12641, Median Signal Selector for Westinghouse 7100 Series Process Instrumentation Interfacing with EAGLE 21 Protection System...
Employing RTD Bypass Elimination t'or Turkey Point Units 3 and 4"m (Proprietary)
Dear Dr. Murley:
The proprietary information for-which -withholding is being requested in the enclosed letter by Florida Power and Light Company is further identified in Affidavit-CAW-90-062 signed by the owner of the proprietary information, Westinghouse Electric Corporation.
The affidavit, which accompanies this
- letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations'isted
'in paragraph'b)(4) of '10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Florida Power and Light Company.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-91-062, and should be addressed to the undersigned.
Very truly yours, R.
P. DiPiazza, Manager Enclosures Operating Plant Licensing Support cc:
M.
P. Siemien, Esq.
Office of the General
- Counsel, NRC i04'~6 3 0250 P
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Proprietary Information Notice Transmitted-herewith are proprietary and/or-non-proprietary versions of
"""-"documents-furnished.to"-the"NRC in connection.with -requests--for generic and/or-plant-specific review and approval.
In order to conform to the requirements of 10 CfR 2.790 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted).
The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through'(g) contained-within parentheses located as a superscript
- "immediately -following-the brackets enclosing each item of'--information being
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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) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(1).
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Copyright Notice e
- "'-The -reports transmitted= herewith "each -bear a',Westinghouse.,copyright notice.
"'"The-NRC:is -permitted 'to"make-the number of copies of-~the -information contained in these reports which are 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 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding.
With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies
" beyon'd"those 'necessary for its 'internal use which are necessary in order to have one copy available.for public viewing in the appropriate docket files in
-the'public 'document-room in =Washington, DC-and in local public.document-rooms as 'may 'be required, by-NRC regulations.if. the;number of copies submitted is insufficient for this purpose.
The NRC is not authorized to make copies for the personal use of members of the public who make use of the NRC public
=document rooms.
Copies made by the"NRC-must'nclude the copyright"notice in all instances and the proprietary notice if the original was identified as proprietary.
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CAW-90-062 AFFI DAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY'
'" - - '~'~ Before,me;;,the..undersigned authority, personally appeared Ronald P.
Di Piazza, 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 (nWestinghouse")
and that the averments of fact =set-'forth=in"this Affidavit are true and correct
. to.the best of his knowledge, information, and belief:
Ronald P.
Di Piazza, Manager Operating Plant Licensing Support Sworn to and subscribed before me this '2+
day of 1991.
A/@Le acA?
Notary Public NOTARIALSEAL LORRAINE M. PIPLICA, NOTARYPUBLIC MONROEVILLEBORO, ALLEGHENYCOUNTY MYCOMMISSION EXPIRES DEC. 14, 1991 Member, Pennsytvanfa Asia~'on of Nohn'es
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CAW-90-062 (1)
I am Manager, Operating-Plant Licensing -Support, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation 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 rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
"<'-'(2).-""-I~am=making.'thi.s;Affidavit'n conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for. withholding accompanying this Affidavit.
(3)
I have personal knowledge of.the -criteria and procedures utilized by the.,"
Westinghouse Energy Systems Business Unit 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 2.790 of the
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~ '<~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 'Westinghouse.
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0 CAW-90-062 (ii) The information is of.a.type:customarily held in confidence-by.
-'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, 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 Westinghouse 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--Westinghouse's competitors without -license from Westinghouse 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.
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CAW-90-062
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.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 Westinghouse, its customers or suppliers.
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"..~,.(e);,-.-It; reveals -aspects'f past, "present, or future:Westinghouse or customer funded development plans and programs of potential
-commercial value,to Westinghouse.
'f)"'It'ontains'atentable'ideas;--for which. patent protection.may be desirable.
(g) It is not the property of Westinghouse, but must be treated as
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- 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 information by Westinghouse gives Westinghouse,a competitive advantage over its competitors.
It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
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'=-(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 would 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 competitors acquire components of proprietary information, any one component may be
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"'-the.=key:-to-the-entire -puzzle;=. thereby:depriving Westinghouse. of>>
a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse
-in= the world market, and thereby give a market advantage to the competition of 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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CAW-90-062
.""(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.
(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.
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":;<<The.propri'etary information sought to -be withheld in this submittal is that which is appropriately marked in "Hedian Signal Selector Westinghouse 7100 Series Process Instrumentation Interfacing with EAGLE 21 Protection System for Florida Power
'- and Light Company Turkey Point Units 3 and 4", WCAP-12641, (Proprietary),
being transmitted by the Florida Power and Light Company (FP8L) letter and Application for Withholding Proprietary Information from Public Disclosure, J.
H. Goldberg,
-- -FP8L, to U. S. Nuclear.Regulatory.Commision, Document Control Desk, to the Attention Dr. Thomas Hurley. The proprietary
"--information as submitted for:use by.Florida Power and Light Company for Turkey Point Units 3 and 4 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of the installation of a median signal selector in the feedwater control system to improve the overall performance of the reactor control and protection system.
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CAW-90-062 This-information is part or-that which will enable.-Westinghouse to:
(a)
Provide documentation of the licening basis for use of the addition of a median signal selector to the process control system for the RTD Bypass elimination with EAGLE 21.
(b)
Provide documentation of the plant operability improvements achieved through the addition of the median signal selector
"<<.function to the process control system.
. =(c) 'rovide, documentation of utility advantages achieved throught the addition of the median signal selector function to.the-process-control system.
(d)
Provide documentation of the elimination of the system interaction mechanism fault tolerant features available
..... when implementing -the. median.signal selector
.as. part of. RTD Bypass elimination.
(e)
Assist the customer to obtain NRC approval for operation with RTD Bypass elimination.
Further this information has -substantial commercial value as follows:
(a)
Westinghouse plans to sell the use of similar information to its customers for purposes of meeting NRC requirements for licensing documentation.
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- :-(b) -'Westinghouse-can-sell -support.and defense of -the--technology to its customers in future.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar analytical documentation 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.
e 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 Westinghouse effort and.the expenditure of a considerable sum of money.
In order for competitors of Westinghouse to duplicate this
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- -..- -'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 for developing analytical methods and per'forming tests.
Further the deponent sayeth not.
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