ML20058A142
| ML20058A142 | |
| Person / Time | |
|---|---|
| Site: | Ginna  |
| Issue date: | 09/20/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17262A198 | List: |
| References | |
| CAW-90-074, CAW-90-74, NUDOCS 9010250296 | |
| Download: ML20058A142 (11) | |
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I Westinghouse Energy Systems F" ea'av b a w Electric Corporation b 355 Pcur Penrmasa 15030 035$
September 20, 1990 CAW-90-074 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:
Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM pVBLIC DISCLOSURE
Subject:
" Advanced Digital Feedwater Control System / Median Signal Selector for Robert E. Ginna"
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the l
above-referenced letter is further identified in Affidavit CAW-90-074 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
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CFR Section 2.790 of the Commission's regulations, Accordingly, this letter authorizes the utilization of the accompanying i
l Affidavit by Rochester Gas & Electric.
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Correspondence with respect to the proprietary aspects of the application for
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withholding or the Westinghouse affidavit should reference this letter, CAW 90 074, and should be addressed to the undersigned.
l Very truly yours, h
lem'} ann, Man (a(ger
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E Rebe Enclosures Regulatory & Legislative Affairs cc:
C. M. Holzle, Esq.
Office of the General Counsel, NRC i
0010250206 901012 PDR ADOCK 05000244 P
PDC f
O Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of i
documents furnished to the NP.C 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 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 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).
n 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 l
versions of these reports, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for pubile viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. The NRC is not authorized to make copies for the 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
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CAW 90-074-i AFFIDAVIT
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COMMONWEALTH OF PENNSYLVANIA:
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S COUNTY OF ALLEGHENY:
c, r Before me, the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, u
deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation (" Westinghouse") and that' j
the averments of fact set forth in this Affidavit are true and correct I
to the best of his knowledge, information, and belief:
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(( ({ K HLd tu l Robert A. Wiesemann, Manager Regulatory and Legislative _ Affairs-i I
Sworn to and subscribed before.me this /#' day e
of Aduuln 1990.
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Notary r"blic a
i NotAML SEAL LORAA.NE M #JUCA NOTARY PUBUC MON 40!ZLLE BORO. ALLE91ENY COUNTY MY OCMV Ss CN ExotAEs 0E014 -mt Mener.F ms/ vasa Amcat:netNc'avies f
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, CAW-90-074 (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 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 Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.
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.(3) I have personal knowledge of the criteria and procedures utilized by the l
Westinghouse Energy Systems Business Unit in designating information as a trade secret, pc ivileged or as confidential commercial or financial information.
l (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 j
from public disclosure should be withheld.
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(1)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-90-074 (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-q 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 q
application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
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. CAW-90-074 (c)
Its use by a competitor would reduce his expenditure of resources-or improve his competitive position in the design, manufacture,
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shipment, installation, assurance of quality, or licensing a I
sirr.ilar product.
L (d)
It reveals cost or price information, production capacities, L
budget levels, or commercial strategies of Westinghouse, its l-customers or suppliers.
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(e) 'It reveals aspects of past, present, or future Westinghouse or i
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customer funded development plans and programs of potential L
commercial value to Westinghouse.
(f)
It.contains patentable ideas, for which patent protection may be desirable.
i (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.
b i
. CAW-90 074 I
l (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.
L (c) Use by our competitor would put Westinghouse at a competitive L
disadvantage by reducing his expenditure of resources at our L
expense.
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(d)
Each component of proprietary information pertinent to a i
particular competitive advantage is potentially as valuable as L
the total competitive advantage.
If competitors acquire 4
components of proprietary information, any one component may be the key to~the entire puzzle, thereby depriving Westinghouse of a I
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.
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(f) The' Westinghouse capacity to invest corpo ate assets in research and development depends upon the success in obtaining and-l maintaining a competitive advantage.
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. CAW 90-074
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r (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 3
knowledge and belief.
(v)
The proprietary information sought to be withheld in this-
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submittal is that which is appropriately marked in " Advanced
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Digital Feedwater Control System / Median Signal Selector for Robert E. Ginna", WCAP-12347 (Proprietary), for Ginna Nuclear Power Plant, being transmitted by the Rochester Gas & Electric Company (RGE) letter and Application for Withholding Proprietary i
Information from Public Disclosure, R. C. Mecredy, RGE, to the f
NRC, Document Control Desk, Attention Dr. Thomas Murley, September, 1990. The pro'prietary information as submitted for i
use by the Ginna Plant, is expected to be applicable in other
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licensee submittals in response to certain NRC requirements for justification of the installation of the Westinghouse Advanced.
Digital Feedwater Control System (ADFCS).
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, CAW 90-074 6
.This information is part of that which will enable Westinghouse j
to:
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q (a) Provide documentation of the licensing basis in support of
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the Median Signal Selector design features '
(b) Supply justification for elimination of the steam generator c
l low level in coincidence with steam flov/ feed flow mismatch reactor-trip.
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(c)_ -Present the functional design description for the Median '
Signal Selector implementation.
1 (d) Assist the customer in obtaining NRC approval,
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Further this information has substantial commercial value. as L
follows:
L (a) Westinghouse plans to sell the use of similar-information to-t l
its customers-for purposes of' licensing the implementation-l of the Median Signal Selector.for deletion'of.the steam generatorclow level in -coincidence. with steam-flow / feed flow
' mismatch reactor trip.
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, CAW 90-074 4
(b) Westinghouse can sell support and defense of the licensing basis and technology to its customer to support'the licensing process.
Public disclosure of this proprietary information is likely to.
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cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar control system upgrades and licensing defense-E, services for commercial power reactors without commensurate
- expensas, Also, public disclosure of the information would
-enable others to use the information to meet Commission requirements for licensing documentation without purchasing the:
j right to use the-information.
l 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 l
expenditure of a considerable sum of money, l
l 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 functional logic definition and hardware design; Further the deponent sayeth not.
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