ML20042G101

Requests That Proprietary WCAP 12504, Summary Rept,Process Protection Sys Eagle 21 Upgrade,Rtd Bypass Elimination,New Steam Line Break Sys,Medical Signal Selector,Environ Allowance..., Be Withheld from Public (Ref 10CFR2.790)

ML20042G101
Person / Time
Site:	Sequoyah
Issue date:	04/04/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E130	List: ML20042G100 ML20042G101 ML20042G102
References
CAW-90-020, CAW-90-20, NUDOCS 9005110094
Download: ML20042G101 (11)

Text

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[N s Westinghouse Energy Systems Nuclear and Advanced Electric Corporation - ""'"*S'""

Box 355 Pmsbu@ Pennsylvania 15230 0355 April 4, 1990 CAW-90-020 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr.- Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSVRE

Subject:

" Summary Report, Process Protection System Eagle 21 Upgrade, RTDBE, NSLB, MSS, EAM and TTD Implementation, Sequoyah Units 1 & 2," WCAPs 12504 and 12548 ,

Dear Dr. Murley:

The proprietary information_ for which withholding is being requested in the enclosed letter by the Tennessee Valley Authority is further identified in Affidavit CAW-89-101 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 the Tennessee Valley Authority.

Correspondence with respect to the proprietary aspects of the application for t withholding or the Westinghouse affidavit should reference this letter, CAW-90-020, and should be addressed to the undersigned.

Very truly yours, k

Robert A. Wiesemann, Manager Enclosures Regulatory & Legislative Affairs cc: K. Holzle, Esq.

Office of the General Counsel, NRC V. Wilson, Nuclear Reactor Regulation 9005110094 900503 POR ADOCK 05000327 P PDC

. l 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.

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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 ON THE BRACKETS REMAIN, THE INFORMATION THAT WAS 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 l I

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 0F INFORMATION BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INFORMATION, THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION .l WESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g)'0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1). l l

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CAW-89-101-

'i AFFIDAVIT

, .'I 1 COM)NWEALTH OF PENNSYLVANIA:

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COUNTY OF ALLEGHENY: 1

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I 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: I I

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' O N l0dC(RILLUL 4 Robert A. Wiesemann, Manager i i

Regulatory and Legislative Affairs l i

L. Sworn to and subscribed 1 before me this 22 8 ay d

- of ,Iah ,1989.

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hhalat N1 ola o Notary Public 1- NOTARIAL SE AL

~ LoRRAINE M. FIPLICA, NOTARY PUBLic l MONRoEVILLE BORO. ALLEGHENYCOUNTY MYCOMM:SSION EXPIRES CEC 14.1731 Member.Pennsylvarna Assooa%nr,f Notaria.s h l 3

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CAW 89-101 i T (1) I am Manager, Regulatory and Legislative Affairs, ih the Nuclear and Advanced Technology Division, of the Westinghouse Electric C.orporation and as such, I have been specifically delegated the it . ion of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear power plant licensing and rulemsking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy t

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 L

conjunction with the Westinghouse application for withholding l- accompanying this Affidavit.

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(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 L

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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, t CAW-89-101 (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.

u 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 L (a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where-l- prevention of-its use by any.of Westinghouse's competitors L without license from Westinghouse constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test- data,-

l; relative to a process (or component, -structure, tool, l~ method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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(c) Its-use by a competitor would reduce his expenditure of-resources or improve his competitive position in the 7 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 i Westinghouse, its customers or suppliers. i (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 3 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.

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There are sound policy reasons.behind the Westinghouse system B which include the following: .

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-. i y (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-89-101 i

-(b)' It is information which is marketable in many ways. The j extent to which such information is available to competitors diminishes the Westinghouse ability to sell i products and services involving the use of the information. l >

!i (c) Use by our competitor would put Westinghouse at a j competitive disadvantage by reducing his expenditure of l resources at our expense, j l

(d) Each component of proprietary information pertinent to a j particular competitive advantage is potentially as valuable j as the total competitive advantage. If competitors acquire l components of proprietary information, any one component f may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.  ;

o j (e) Unrestricted disclosure would' jeopardize the position of  ;

L prominence of Westinghouse in the world market, and thereby l give a' market advantage to the competition of those 1 countries. j l

(f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in L obtaining and maintaining a competitive advantage, y

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(iii) The information is being transmitted to the Commission-in f 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 L

to the best of our knowledge and belief.

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(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_ >

1 transmitted by Tennessee Valley Authority (TVA) letter and i

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 1

This information.is part or that which will enable Westinghouse to:

(a) Provide documentation which summarizes the EAGLE-21 l 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 - ]

i (c) Provide documentation which describes the EAGLE-21.

Process Protection System Design, Verification and i Validation Procram.  ;

(d) Provide documentation which describes how the EAGLE-21 Process Protection System complies with applicable  !

regulatory criteria, j (e) Assist the customer to obtain NRC approval for. 'l operation of the EAGLE-21 Process Protection System. -)

Further this information has substantial commercial value as follows: i

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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 support and defense of this licensing basis and. technology to its customers to support the licensing process.

1 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.

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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 for the licensing of micro-processor based reactor protection system equipment.

l Further the deponent sayeth not.

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