ML20062F797
| ML20062F797 | |
| Person / Time | |
|---|---|
| Site: | Prairie Island  |
| Issue date: | 08/09/1982 |
| From: | Musolf D NORTHERN STATES POWER CO. |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297F354 | List: |
| References | |
| NUDOCS 8208120151 | |
| Download: ML20062F797 (5) | |
Text
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Northern States Power Company 9
-5 August 9,
1982 Director Of fice of Nuclear Reactor Regulation U S Nuclear Regulatory Commission Washington, DC 20555 PRAIRIE ISLAND NUCLEAR GENERATING PLANT Docket Nos. 50-282 License Nos. DPR-42 50-306 DPR-60 Submittal of NSP Proprietary Computer Program Control Procedure, NAP 5.0lP Rev. 1 Twenty-five copies of Northern States Powers proprietary " Computer Program Control Procedure", NAP 5.0lP, are being submitted as supplemental infor-mation for the review of NSP Reload Methodology Topical Reports (submitted on February 12, 1982).
Attached is the af fidavit of Mr R 0 Anderson which states the basis fo r exemption from public disclosure for this procedure.
41 David Musolf Manager of Nuclear Support Services DMM/TMP/bd cc:
Regional Administrator-III, NRC (w/o attachment)
NRR Project R1 nager, NRC NRC Resident Inapector (w/o attachment)
G Charnoff f0 t
9.6 Attachment contains 10 CFR Part 2.790(a)(4) Information G208120151 920809 PDR ADOCK 05000202 P
s AFFIDAVIT Before me, the undersigned authority, Roger 0. Anderson, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Northern States Power Company (NSP),
and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
841-&7h (Det/)Q I
'Roge'r 0. Anderson General Supt. Nuclear Analysis Northern States Power Company (NSP)
Sworn to and subscri d
befor,p me this 9 day of //mfad 1982.
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1.0 I, Roger 0. Anderson General Superintendent of the Nuclear Analysis Department of Northern States Power Company (NSP), and as such I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public disclosure and am authorized to apply for its withholding on behalf of NSP.
2.0 I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with NSP's application for withholding the designated information accompanying this affidavit.
3.0 I have personal knowledge of the criteria and procedures utilized by NSP in designating information as a trade secret, privileged or as confidential commercial or financial information.
4.0 The following is furnished, per Section 2.790 paragraph (b) (4) of the Commission's regulations, for consideration by the Commission in determining whether the information sought to be withheld fran public disclosure should be withheld.
1)
A significant part of NSP's present and future consulting business to utilities is based on the licensing of proprietary computer codes, proprietary procedures for setup and application of these codes, and proprietary results used for validating said system of computer codes and procedures.
2)
The information sought to be withheld from public disclosure is owned and has been held in confidence by NSP.
3)
This information is the type normally held proprietary by NSP and not customarily disclosed to the public.
There is rational basis for determining the types of information that NSP normally holds proprietary.
4.1 Information is held proprietary if its release might result in the loss of existing or potential competitive advantage.
These types of information are categorized as follows:
1)
The information reveals the distinguishing aspects of a program, methodology, algorithms, procedures, etc. where prevention of their use without license provides a competitive advantage over other companies.
2)
The information consists of supporting data, including test data, which aids in validation of methodologies and thereby provides a competitive advantage, e.g., computer runtime, reduced number of i
computer runs, creditability, etc.
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3)
The use of the information by a competitor would reduce his expenditure of resources and/or improve his competitive position in application or licensing of a similar product.
4)
The information reveals aspects of past, present or future NSP funded development plans and program of potential commercial value to NSP.
5)
The information is not the property of NSP, but must be treated as proprietary by NSP according to agreements with the owner.
4.2 There are valid reasons for NSP establishing these categories for evaluation of the confidentiality of information which include the following:
1)
The use of such information by NSP gives NSP a competitve advantage over its competitors.
It is, therfore, withheld from disclosure to protect the NSP competitive position.
2)
It is information which is marketable in many ways.
The extent to which such information is available to competitors diminishes NSP's ability to license systems and services involving the use of the information.
3)
Use by our competitor would put NSP at a competitive disadvantage by reducing his expenditure of resources at our expense.
4)
Each component of proprietary information pertinent to a particular ccmpetitive advantage is potentially as valuable as the total competitive advantage.
If competitors acquire components of proprietary information any one component would provide sufficient indication of the total thereby depriving NSP of a competitive advantage.
5)
NSP will begin a concerted effort in the market.
Unrestricted disclosure would jeopardize a potential advantage in this market.
6)
The NSP capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage in the licensing of systems and services.
5.0 The information is being transmitted to the Commission in confidence and under the provision in 10 CFR Section 2.790; it is to be received in confidence by the Commission.
6.0 The information is not available in public sources to the best of our knowledge and belief.
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7.0 The proprietary information sought to be withheld in this submittal is the procedure " Computer Program Control Procedure." The document is being submitted as a procedure and will be referenced in future licensing or standardized reference approval applications.
The information enables NSP to:
1)
Control computer programs used by the Nuclear Analysis Department 2)
Assist its future clients in computer program control.
In addition, the information presented in the subject document and other similar endeavors is of commercial value to NSP and can be a source of considerable sums of money, for example:
1)
NSP use of the procedure to ensure the controlled use of computer programs which NSP will provide to its future clients.
2)
NSP use of the procedure to license the use of the procedure to NSP's future clients.
8.0 Public disclosure of the procedure " Computer Program Control Procedure" is likely to cause substantial harm to the competitive position of NSP by allowing their competitcrs to develop a similar procedure at a much reduced cost.
The procedure has been developed at NSP over a period of years.
This represents a significant amount of highly qualified development effort resulting in NSP's current business posture. Should a potential competitor be able to use the procedure in the attached document to control their computer programs, the technical and monetary effort to achieve a comparable capability would be vastly reduced. NSP has expended a significant amount of money and technical resources to achieve their current position, a position which a competitor can attain only through a like investment of money and qualified technical j
talent.
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