ML20012B348

Requests That Encl Proprietary WCAP-12417, Median Signal Selector for Foxboro Series Process Instrumentation, Be Withheld Per 10CFR2.790(b)(4)

ML20012B348
Person / Time
Site:	Sequoyah
Issue date:	01/10/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19293A213	List: ML20012B345 ML20012B348 ML20012B352
References
CAW-89-110, NUDOCS 9003140233
Download: ML20012B348 (9)

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[ Westinghouse Energy Systems Box 355

' Electric Corporation Pittsburgh Pennsylvania 15230 0355 l*

i January 10, 1990

'l CAW-89-110 L-Dr. Thomas.Murley, Director Office ~ of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C.

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1 APPLICATION FOR WITHHOLDING PROPRIETARY B

INFORMATION FROM PUBLIC DISCLOSURE l 1

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Subject:

Median _ Signal Selector for Foxboro Series Process Instrumentation J

(WCAPs 12417 and 12418)

Dear-Dr. Murley i

.The proprietary information for which' withholding is being requested in the-

enclosed letter by Tennessee Valley Authority is further identified in L

- Affidavit CAW-89-051 signed by the owner of the proprietary information, L

Westinghouse Electric _ Corporation.

The affidavit, which accompanies this L

letter, sets forth the basis on which the information may be withheld from H

public disclosure by the Commission-and addresses with specificity-the

_ considerations listed.in paragraph (b)(4) of 10CFR Section 2.790 of the

. Commission's regulations.-

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'Accordingly, this-letter authorizes the utilization.of the accompanying l

affidavit by. Tennessee Valley Authority.

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-Correspondence with respect,to:the proprietary aspects of the application for withholding'or the: Westinghouse affidavit should reference this letter, CAW-89-110,. and should be addressed to' the undersigned.

Very~truly yours, f

Robert A. Wiese'mann, Manager Regulatory & Legislative Affairs 3Ericlosures~

i cci' Ee C'. Shomaker, Esq.-

_ Office of the General Counsel, NRC l

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CAW-89-051 AFFIDAVIT COPMONWEALTH OF PENNSYLVANIA:

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~ COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Robert A. Wiesemann, 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 (" Westinghouse") and that tho' averments of fact set forth in this Affidavit are true and' correct to the best of his knowledge, information, and belief:

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k it n Jr Md :< v Robert A,-Wiesemann, Manager-Regulatory and Legislative Affairs i

-Sworn to and subscribed before:me this 28th day l

-of March 1989'.

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' Notary;.Public I

tiOTARIAL SEAL

, LOARA24E M PIPLICA. NOTARY PUBLIC MONROEV;LLE BORO, ALLIGHENYCOUNTY

' MY CCSMitS'ON EXPIRES DEC 14.1M1 J Member.Ptva$na AswAntItid490

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s CAW 89-051 (1) 1 am Manager, Regulatory and Legislative Affairs, 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 10CFR Section 2.790 of the Comission'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 commercialsor 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.

(1) The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

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...: CAW-89-051 (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 l

connection, utilizes a system to determine when and whether to l

~ 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 l

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:.

l (a) The information reveals the distinguishing aspects of a process (or component, structuro, 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 g'

competitive economic advantage, e.g., by-optimization or improved marketability.

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Its use by a competitor would reduce his expanditure of resources or improve his competitive position in the

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. design, manufacture, shipment, installation, assurance of.

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. 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 p1ans and programs of potential commercial value to Westinghouse.

(f)

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

(g)

Itisnotthepropertyof$ Westinghouse,butmustbetreated as proprietary by Westinghouse according to agreements with

-the owner.

l 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 ?:hich is marketable in many ways. The extent to which such information is available to

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competitors diminishes the Westinghouse ability to sell q

products and services involving the use of the information.

l Use by our competitor would put Westinghouse at a (c)' competitive d'isadvantage 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 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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-6 CAW-89-051

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.(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 f

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 appropriately marked in

" Advanced-Digital Feedwater Control System for Pacific Gas

&. Electric Company Diablo Canyon Units 1 and 2," WCAP-12221 (Proprietary), for the Diablo Canyon Power Plant Units'1 and 2 being transmitted by the Pacific Gas & Electric Company (PG&E) letter and Application for Withholding Proprietary Information from Public Disclosure, J. D.

Shiffer,- PG&E, to U.S. Nuclear Regulatory Commission, Attn:

Document Control Desk, April 1989. The proprietary information as submitted for use by Pacific Gas & Electric Company for the Diablo Canyon Power Plant Units 1 and 2. is

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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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4-CAW 89 051 This information is part or that which will enable Westinghouse to:

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Provide documentation of the licensing basis for the acceptability of eliminating the low feedwater flow

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reactor trip function by the addition of a median j

signal selector to the process control system.

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Provide-documentation of the plant operability i

improvements achieved through the addition of the l

median signal selector function to the process control l

system.

'I (c)

Provide documentation of utility advantages achieved through the addition of the median signal selector function to the process control system.

l' (d)

Provide documentation of the system diagnostic and fault tolerant features available when implementing the median signal selector as part of the advanced digital feedwater control-system, q

(e) Assist the customer to obtain NRC approval.

Further this information has substantial' commercial value as follows:

(a) Westinghouse plans to sell the use of siailar information to its customers for purposes of, satisfying NRC requirements for licensing documentation.

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. CAW 89-051 (b)' Westinghouse can sell support and defense of this licensing basis and technology to its customers to support the licensing process.

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 4

competitors to provide similar instrumentation and control equipment and licensing defense services for commercial j

power reactors without commensurate expenses. Also, public i

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, j

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

_i the expenditure of a considerable ' sum of money.

In order for competitors of Westinghouse to duplicate this l

information,- similar technical programs would have to be performed and a significant manpower effort, having the-r i

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requisite talent and experience, would have to be expended

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for developing the licensing basis.and suitable equipment to perform the median signal selector function.

i Further the deponent sayeth not.

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