ML17345A802

Forwards Affidavit Requesting That WCAP-10271-P-A,Suppl 2, Rev 1, Evaluation of Surveillance Frequencies & Out of Svc Times for Engineered Safety Features Actuation Sys, Be Withheld Per 10CFR2.790

ML17345A802
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: ML17345A797 ML17345A799 ML17345A800 ML17345A801 ML17345A802 ML17345A803 ML17345A804 ML17345A805
References
CAW-90-103, NUDOCS 9104160404
Download: ML17345A802 (22)

Text

Westinghouse Energy Systems Box 355 Piltsburgh Pennsylvania 15230.0355 Electric Corporation April 2, 1991 CAW-90-103 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Hurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-10271-P-A, Supplement 2, Revision 1 "Evaluation of Surveillance Frequencies and Out of Service Times For The Engineered Safety Features Actuation System"

Dear Dr. Hurley:

The proprietary information for which withholding is being requested in the enclosed letter by Florida Power and Light Company is further= identified in Affidavit OAW-90-103 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 listed 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-90-103, and should be addressed to the undersigned.

Very truly yours, S'g ~jul@

R. P. Di Piazza,

~

Manager Enclosures Operating Plant Licensing Support cc: H. P. Siemien, Esq.

Office of the General Counsel, NRC 9104l60404 910405 PDR ADOCK 05000250 P PDR

I r

t j

I

~ l

/

0 kp,

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 be'en 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

~

-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).

$ P 1 ~ g P ~

h

~

~

I F(

1 Y P>>>>

>>>> II'L P Pf >>

'O,P 1>> ~ le P

Copyright Notice

" -.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

'"'beyond those'neces'sary'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

's may '-be required by NRC regulations if the. number -of copies submitted is e 'nsufficient for this purpose. The NRC is not authorized to make copies for

'he personal use of members of the public who make use of the NRC public

-- document -rooms: " Copies. made by the NRC must. include- the copyright,-notice in all instances and the proprietary notice if the original was identified as proprietary.

I IIC\

1 lP 0

CAW-90-103 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared

• . Ronald P. DiPiazza, 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 Z~ day of , 1991.

Notary Public NOTARIALSEAL LORRAINE M. PIPLICA, NOTARY PUBLIC MONROEVILLE BORO, ALLEGHENY COUNTY MYCOMMISSION EXPIRES DEC. l4, I99l Member, Pennsylvania Association of Notaries

4 1'Vhhh I chyle It * ~ I ~

F

. CAW-90-103 (I) I am Nanager, 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 this Affidavit in conformance with the provisions of IOCFR

=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 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.

C

'A Atl4 h t ~g tv'mat~-

I IJ R

l1

'+4 h 4

CAW-90-103 (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

-'. <<~pol-icy:-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.

0

~>

'$ ~ u I

4 ~

'I Xtg' V

) '

CAW-90-103 (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 Westinghouse, its

-~- customers-or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or

-customer funded-development plans and programs of potential commercial .value to Westinghouse.

(f) It- contains. patentable ideas,'-for:which patent .protection

.may be desirable.

(g) It is not the property of Westinghouse, but must be treated as

-,. -<<~propri.etary 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.

'k R

b t'*

II >~

~ A l wt

CAW-90-103 (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-.-.competitiv'e -advantage is potentially as valuable as

'.the "total -competitive;advantage.f .competitors acquire components of proprietary information, any one component may be

.. the key'..to:"the.:entire .puzzle;.:thereby -depriving-Westinghouse of.

,a competitive advantage.

(e) Unrestricted disclosure would jeopardize the position of

-"....-'rominence -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.

P t'

~

V if y~

N

) ~

II ~ II i4 VA 4~+

.CAW-90-103 (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

"~'ur:;knowledge and belief.

(v) The proprietary information sought to be withheld in this

, . --submittal is 'that'which -is -appropriately marked in "Evaluation-

=of Surveillance Frequencies and Out of'-Service -Times For-The Engineered Safety Features Actuation System", WCAP-10271-P-A,

-Supplement 2, Revision-1 (Proprietary), for Turkey-Point -Units 3 and 4, being transmitted by the Florida Power and Light Company (FPL) letter and Application for Withholding Proprietary Information from Public Disclosure, J. Goldberg, FPL, to

..- . Document Control Desk, to the'Attention.of Dr. Thomas Hurley, Director, Office of NRC. The proprietary information as submitted for use by Florida Power and Light Company for the Turkey Point Units 3 and 4 is expected to be applicable in other

--licensee submittals in response to certain NRC requirements for justification oF-relaxed survei.llance testing -and al-lowed out.of service times for the ESFAS system.

II 0

k I

%1

~ g'>> t. ~ ',~ + "i 'i84p,'

~ . I'y i j 1 y I

h A

s I'P s 'I I M~~ N II

CAW-90-103 This information is part or that which will enable Westinghouse to:

(a) guantify the ESFAS system unavailability change due to the surveillance frequency and allowed outage time changes in ESFAS system technical specifications.

'(b) Translate ESFAS system unavailability changes to change in plant risk.

-(c) -.Assi.st. customers-in -implementing the..survei,l,lance internal, relaxations.

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 justifying relaxation of similar technical specification surveillance requirements.

(b) .Westinghouse can sell support and defense of this methodology .to its.:customers in the .licensing process.

' "I h ~

F I ~W.IANb

~hhh hh 4h I ~

0

CAW-90-103 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.

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 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 testing and analytical methods and performing tests.

Further the deponent sayeth not.

~ 0 rs

~V