ML20066B968
| ML20066B968 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 08/22/1990 |
| From: | Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17348A806 | List: |
| References | |
| CAW-90-062, CAW-90-62, NUDOCS 9101090080 | |
| Download: ML20066B968 (10) | |
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Energy Systems-M'yo$7 Electric Corporation Box 355 '
Pl!!sDu@ Pennsylvaw 1$230 035$
August 22, 1990-CAW 90 062 Document Control: Desk-US-Nuclear Regulatory Commission Washington,:DC 20555
- Attention:
Dr. Thomas Murley, Director APPLICATION.FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
..Subj ect :- WCAP 12641, " Median Signal Selector for Westinghouse 7100 Series j
~ Process Instrumentation Interfacing with EAGLE 21 Protection System Employing RTD Bypass Elimination for Turkey Point: Units 3' and 4"-
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.(PROPRIETARY)-
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Dear Dr. Murley:
The proprietary information for which withhclding is being requested !n the fenclosed letter-by Florida Power and Light Company is further identified in i
- AffidavitDCAW 90 062 signed by.the owner of the proprietary information, f
Wostinghouse. Electric. Corporation.. The affidavit,-which accompanies -this.
iletter, 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
.Commissionf s regulations.
- Accordingly, this letter authorizes -the utilization of the accompanying
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Affidavit by Florida Power and Light Company.
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Correspon' ence 'with respect to the' proprietary aspects'of the application for-.
d (withholding -or the ' Westinghouse affidavit should reference this letter, CAW 90 062, and shouldLbe addressed"to'the undersigned; e
Very kruly yours, 0bh N
i((d K Robert-A.-Wiesemann Manager
- Enclosures Regulatory & Legislative! Affairs
-NYa cc:- C..M.:Holzle, Esq..
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-Office.of the General-Counsel, NRC i
V.. Wilson, Nuclear Reactor Regulation
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9101090000 900822
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fPDR. ADOCK 05000250-l i
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PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREW11H ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/OR PLANT SPECIFIC REVIEW AND APPROVAL.
IN ORD;R TO CONFORM TO THE REQUIREMENTS OF 10CF;< 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PR07 ECTiON OF PRO'?lETARY INFORMATION S0 SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HA3 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 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 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).
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4 CAW-90 062 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF 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 to the best of his knowledge, information, and belief:
rkki (b.LEh? ukla tL Robert A. Wiesemann, Manager Regulatory and Legislative Affairs Sworn to and subscribed before me this 23 day of dom 4#,1990.
QYlatwlYtA<
Guu Notary Public NOTAR!AL SE AL LORAAINE M PIPLLA, NOTARY DUBL'c MON 40!V1LE CCAO ALLEGHENf COUNTY MY CC*,0 ASS CN EXP;AES cec 14,1M1 Member, Ptersy' vasa AsscWrA cl NW45
1 CAW-90-062 (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 withheld from public disclosure in connection with nuclear power plant 1,unsing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.
(2) I am making thi: Affidavit in conformance with the provisions of 10CFR Section 2.790 of the Commission's regulations and in conjunction with cne Westinghouse application for withholding accompanying this Affidavit.
(3) I have personal knowledge of the criteria and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as confidential r.ommercial 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 withhr.ld.
(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 90 062-j (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 detern 1 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 c%fidence if it falls t
in one or more-of several types, the cei. ease of which might
-result in the loss of an existing or potential competitive I
advantage, as follows:
1 (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-
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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.
- 1. '
. CAW 90-062 (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 commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westingnouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(f)
It co,. ; ins 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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.x 5-CAW 90 062
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_(b)
It-.is information which. is marketable in many ways. - The cxtent 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.
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'(d)
Each component of proprietary information pertinent to a particular competitive advantage-is potentially as valuable as the total competitive advantage.
If-competitors acquire--
t components of proprietary information,-any one component
-r may be.the key to'the entire puzzle, thereby depriving
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Westinghouse of a competitive _ advantage.
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-(e): Unr'estrictsd' disclosure;would. jeopardize the position of I
-prominence of Westinghouse in the world market, and thereby.
giveLa market advantage-to_the competition:of-those countries, n
_(f) The Westinghouse capacity to invest corporate assets in j
g:). '
research and de': lopment depends upon the success in f
obtaining:and maintaining a competitive advantage.
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'-6 s CAW 90 062 1
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-(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.
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-(iv)-
The information sought to be protected is not available in public sources or available information has not been i
previously. employed in the same or_iginal 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 " Median (Signal Selector for Westinghouse-7100 Series Process
~ Instrumentation-Interfacing with EAGLE 21; Protection System 1
for. Florida Power and Light Company Turkey Point Units 3-
- and-4", WCAP-12641, (Proprietary) for Turkey Point Units 3 and 4; being transmitted by the Florida Power and Light-Company l(FP&L)letterand-Application ~forWithholding Proprietary Information-from -Public Disclosure,
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J. H. Goldberg, FP&L, _to U.S. Nuclear Regulatory L
Commission, Document Control Desk, to the Attention Dr.' Thomas Murley, August,1990. The proprietary.
information as' submitted for use by~ Florida Power &-Light--
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-Company for the Turkey Point Units 3 and 4 is expected to-
. be applicable =in other licensee submittals -in response to lL
-certain NRC' requirements for justification of the
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installation of a-median signal selector in the feedwater L
control system to improve the overall performance of the reactor control and protection system.
r
. CAW-90-062 This information is part or that which will enable Westinghouse to:
(a)
Provide documentation of the licensing basis for use of the addition of a median signal selector to the process control system for the RTD Bypass elimination with EAGLE 21.
(b) Provide documentation of the plant operability improvements achieved through the addition of the median signal selector function to the process control system.
(c) Provide documentation of utility advantages achieved through the addition of the median signal selector function to the process control system.
(d)
Provide documentation of the elimination of the system interaction mechanism fault tolerant features available when implementing the median signal selector as part of RTO Bypass elimination.
(e) Assist the customer to obtain NRC approval for operation with RTD. Bypass Elimination.
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 satisfying NRC requirements for licensing documentation.
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. CAW-90-062 (b) Westinghouse _ can sell support and defense of the 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 E
competitors to: provide similar instrumentation and control equipment 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
.-i information.
The development 'of the technology described.in-'part,by the information is the ' result of-applying. the results of many-7 4
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, sirailar -technical programs would have-to be
' performed.and afsignificant manpower effort,-having the-requisite talent and experience, would have to be expended for developing the licensing basis and suitable equipment-to perform the. median = signal selector function.
Further the deponent sayeth not.
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