ML20033E440
| ML20033E440 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 09/21/1989 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19293A205 | List: |
| References | |
| CAW-89-101, NUDOCS 9003120781 | |
| Download: ML20033E440 (11) | |
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"""*ame is23n355 DATE: September 21, 1989 CAW-89-101 l
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.Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission l
Washington, D.C.
20555 1
i APPLICATION FOR WITHHOLDING PROPRIETARY v
l INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Eagle 21 Micro-Processor Based Process Protection System (WCAPs l
12374 and 12375)
Dear Dr. Murley:
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The proprietary information for which withholding is being requested in the enclosed letter by Tennessee Valley Authority is further identified in Affidavit CAW 89101 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 10CFR Section 2.790 of the Commission's regulations.
i Accordingly, this letter authorizes the utilization of the accompanying i
affidavit by Tennessee Valley Authority.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-89 101, and should be addressed to the undersigned.
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Very truly yours, ci Q. ?> r 1
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Robert A. Wiesemann, Manager Regulatory & Legislative Affairs l
Enclosures 1
cc:
E. C. Shomaker, Esq.
- Office of the General Counsel, NRC 0327H:LVT:092089 9003120781 900301 i
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j PROPRIETARY I FO M TION NOTICE l'
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k TRANSMITTD.HDDiITH ARE PROPRIETARY AND/OR NON-PROPRIE DOCUMENTS FURNISHD TO THE NRC IN CONNECTION WITH R PLANT SPECIFIC REVIEW AND APPRWAL.
j IN DEER TD CONTORM TD THE RIDUIREMENTS W 10CTR2.790 W T REGULATIONS CONCERNING THE PROTECTION W PROPRIETARY TO THE NRC, THE INFDMTION WHICH IS PROPRIETARY IN THE PROPRIETARY CONTAING WIDi!N SRACKETS AND WHERE THE PROPRIETARY IFO DELETD IN THE NON-PROPRIETARY VDSIONS OtLY THE BRACKETS REMAIN, INFOMTION THAT WAS CONTAING WITHIN THE BRACKETS IN l
HAVING BEDI DELETE.
THE JUSTIFICATION FOR CLAIMING THE INFDMTION 30 D53DNATED AS PROPRIETARY I512ICATE IN SODI VDSIONS LETTERS (a) THROUGH (g) CONTAING WITHIN PARENTH55 LOCATO AS A IMMEDIATILY FOLLWING THE BRACKET 3 INCI.5ING EACH ITE 1
IDENTITIED AS PROPRIETARY CR IN THE MARGIN OPPOSITE S TH5E LW2 CASE LETTERS REFER TD THE TYPD W INFOMTION W HMS IN CONTIDENCE IDEATIFIED IN SECTIONS (4)(ii)(a) through (4)(11)(g AFTIDAVIT ACC0!fAhTING THIS TRANSMITTAL PURSUAhT to 1
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CAW 8g-101 i
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l AFFIDAVIT 1
COMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
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l 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 i
the averments of fact set forth in this Affidavit are true and correct t
to the best of his knowledge, information, and belief:.
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(Al & t(. t Ll Robert A. Wiesemann.. Manager Regulatory and Legislative Affairs W
t Sworn to and subscribed
- ay before me this 7J d
of,I g., 1989.
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- 01. sea Notary Public NOT ARIAL st4 LORRAINE M PtPLCA, NOTARY PUBLC MoNROEVILLE 8040. ALLEGHENYCOUNTY MY c0Mv:ssiON ExPIRis DEc 14.1991 Member Pevspene AssoosestH*raa
. CAW 89-101 i
(1)
I 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
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functics of reviewing the proprietary information sought to be
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withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and an authorized to i
apply for its withholding on behalf of the Westinghouse Energy Systems Business Units.
(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding I
accompanying this' Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Units 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.
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? CAW-89-101 (ii) The infomation 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 infomation customarily held in confidence by it and, in that connection, utilizes a system to detemine when and whether to hold certain types of infomation 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, infomation 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 infomation reveals the distinguishing aspects of a process (orcomponent, 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 89-101 (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 comercial 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 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.
5-CAW-89-101 (b)
It is information which is marketable in many ways. The extent to which such information is available to j
competitors diminishes the Westinghouse ability to sell i
products and services involving the use of the information.
(c) Use by our competitor would put Westinghouse at a
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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 the key to the entire puzzle, thereby depriving Westinghouse of a compe.titive 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 J
research and development depends upon the success in obtaining and maintaining a competitive advantage.
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. CAW-89-101 (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.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in
' EAGLE-21 Micro-Processor Based Process Protection System",
WCAP 12374, (Proprietary), for Sequoyah Units 1 & 2, being transmitted by Tennessee Valley Authority (TVA) letter and Application for Withholding Proprietary Information from Public Disclosure, R. L. Gridley, TVA, to the Attention Dr.
T. Murley, Director, Office of NRC, dated September,1989.
The proprietary information as submitted for use by Tennessee Valley Authority for Sequoyah Units 1 & 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of implementation of the EAGLE-21 Process Protection System.
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. CAW 89-101 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation which summarizes the EAGLE-21 Process Protection System design features, hardware architecture, software development and software implementation.
(b)
Provide documentation which describes the EAGLE-21 Process Protection System Equipment Qualification Program.
(c)
Provide documentation which describes the EAGLE-21
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Process Protection System Design, Verification and Validation Program.
(d)
Provide documentation which describes how the EAGLE-21 I
Process Protection System complies with applicable regulatory criteria.
(e) Assist the customer to obtain NRC approval for operation of the EAGLE-21 Process Protection System.
Further this information has substantial' commercial value as follows:
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. CAW 89-101 (a) Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requirements for licensing documentation.
(b) Westinghouse can sell surport 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 competitors to provide similar EAGLE-21 Process Protection System 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, I
9-CAW-89-101
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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 f
for the licensing of micro-processor based reactor protection system equipment.
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Further the deponent sayeth not.
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