ML20042G047
| ML20042G047 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 03/15/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19302E126 | List: |
| References | |
| CAW-89-045, CAW-89-45, NUDOCS 9005110028 | |
| Download: ML20042G047 (10) | |
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Electric Corporation Box 355 Pittsbutgh Pennsylvania 15230 0355 March 15, 1989 CAW-89-045 Mr. Thomas Murley, Director
-Office of Nyclear Reactor Regulation U.S. Nuclear Regulatory Commission i
Washington, D.C.
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APPLICATION FOR WI(HHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Eagle 21 Process Protection System Upgrade Noise, Fault, Surge and Radio Frequency Interference Test Report (WCAPS 11733 AND 11896)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the enclosed letter by Tennessee Valley Authority is further identified in Affidavit CAW-89-045 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.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Tennessee Valley Authority.
Correspo:.dence with respect to the proprietary aspects of the application for l
withholding:or the Westinghouse affidavit should reference this letter, CAW-89-045, and should be addressed to the undersigned.
Very truly yours, WES(INGMpVSEELECTRICCORPORATION u mW h c - u,/
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Robert)A. Wiesemann, Manager atory & Legislative Affairs
/mit Enclosures l
cc:
E. C. Shomaker, Esq.
l Office of the General Counsel, NRC 90051kiki$k fd l
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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT-SPECIFIC REVIEW AND APPROVAL.
i IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 0F 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 S0 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) 0F THE AFFIOAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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q, CAW-89-045 AFFIDAVIT-I COMMONWEALTH OF PENNSYLVANIA:
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COUNTY'0F 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 the averments of fact set forth in this Affidavit are true and correct 1
to the best of his knowledge, information, and belief:
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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs t
Sworn to and subscribed before me this /S " day of T /aac/c, 1989.
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4 Notary Public NOTARl/4. SE AL
. LoRRAINE M PiPLicA, NOTARY PUBUC MONRoEV:LLE BORO. ALLEGHENYcCUNTY MY cowisstoN EXPIRES cec 14.1M1 l;
Member.Pennsyfvania AswawitiN;tcu C
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, CAW-89-045 (I)
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 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, Nuclear Fuel, and Power Generation 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 accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems, Nuclear Fuel, and Power Generation Business Units in designating information as a trade secret, privileged or as confidential commercial or financial information.
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(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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i CAW 89 045 t
(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 mr.rketability.
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- -4L CAW-89-045'
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(c)
Its use byLa 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 strategias 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.
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.. CAW 89-045 1
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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 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-89-045 l
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(iii)
The information is being transmitted to the Commission in.
confidence and, under the provisions of 10CFR Section l
2.790, it is to be received in confidence by the Commission.
l
-l Ji (iv)
The information sought to be protected is not available in j
public sources or available information has not been I
previously employed in the same original manner or method to the best of our knowledge and belief.
1 (v)
The proprietary information sought to be withheld in this submittal-is that which is appropriately marked in " Noise, Fault, Surge, and Radio Frequency Interference Test Report I
for EAGLE 21 Process Protection System Upgrade",
I i
WCAP-11733, (Proprietary), for Sequoyah Nuclear Units 1 and i
2, being transmitted by the Tennessee Valley Authority.
(TVA) letter and Application for Withholding Proprietary Information from Public Disclosure, R. L. Gridley, TVA, to the Attention of Dr. T. Murley, Director,. Office of NRC, Washington, D.C., June, 1989. The proprietary information as submitted for use by Tennessee Valley Authority Company for the Sequoyah Units 1 and 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of use of the EAGLE 21 Process Protection System.
This information is part or that whwh will enable Westinghouse to:
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., CAW-89-045-f r
(a)
Provide a documentation of the EAGLE-21 system proformance when subjected to noise, fault, surge, and radio frequency interference.
(b) Demonstrate the capability of this safety related system to perform its intended functions when subjected to these abnormal conditions.
(c) Demonstrate performance of the EAGLE 21 intended function for process protection.
(d)
Demonstrate performance of the process protection
-i functions of Reactor Trip and Engineered Safety Features (ESF) actuations.
(e) Assist a customer to obtain NRC approval.
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.
(b) Westinghouse can sell support and. defense of the technology to its customers in the licensing process.
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' CAW-89-045 l
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Public-disclosure of this proprietary information is-likely I
to cause !!ubstantial harm to the competitive position of-s Westinghouse because it would enhance the ability of.
I competitors to provide similar test 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 3
to meet NRC requirements for licensing documentation without purchasing the right to use the information.
i 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 l
for performing tests.
l Further the deponent sayeth not.
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