ML20066B980
| ML20066B980 | |
| Person / Time | |
|---|---|
| Site: | Turkey Point  |
| Issue date: | 12/20/1990 |
| From: | Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML17348A806 | List: |
| References | |
| CAW-90-105, NUDOCS 9101090087 | |
| Download: ML20066B980 (10) | |
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- Westingh]use Energy Systems ggg,""f Electric Corporation Box 355 Pmsbwgh Pennsylvanu 15230 0355 December 20, 1990 CAW-90-105 Document Control Desk US Nuclear Regulatory Commission Washi_ngton, DC 20555 Attention:
Dr.- Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE _
Subject:
WCAP-12374 " Eagle 21 Micro Processor Based Process Protection System for Turkey Point Units 3 and 4" (Proprietary)
Dear Dr. Murley:
- The proprietary:information for which withholding is being requested in the
- enclosed letter by Florida-Power and Light Company is further identified in Affidavit CAW-90-105 signed by the owner of the proprietary information, Westinghouse El e tric Corporation. The affidavit, which accompanies this letter, sets fot.h the basis on which the=information may be withheld from public disclosure by the Commission and addresses with spec.ificity 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
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Affidavit-by Florida: Power -and Light Company, e
Correspondence with respect.to the proprietary aspects of the application for withholding or'the Westinghouse affidavit should. reference this letter,.
CAW 90-105,-and should_be addressed to the undersigned.-
Very truly yours, f
- ~/.
Rqn.
P. DiPiazza, Ma ager Enclosures Oped in Plant Licensing Support "cc:
C. M. Holzle,.Esq.
-Office of the General Counsel, NRC V.- Wilson, Nuclear Reactor Regulation 9101090087 900822 DR ADOCK 05000250 PDR
.l PROPRIETARY INFORMATION' NOTICE l
0 TRANSMITTED HEREWITH ARE PRO?RIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL, IN ORDER TO CONFORM.TO THE REQUIREMENTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION S0 SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE c
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 l
'AND'WHERE THE-PROPRIETARY-INFORMATION HAS BEEN DELETED IN THE l
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 PROPRIETARYLIS INDICATED IN BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS
~(a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT
.lMMEDIATELY FOLLOWING THE SMCKETS ENCLOSING EACH ITEM OF INFORMATION
.BEING IDENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSliE SUCH l
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)0FTHEAFFIDAVITACCOMPANYINGTHIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).
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-CAW 90 105 AFi! DAVIT 1
COMMONWEALTH OF. PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
Before-me,Lthe undersigned authority personally appeared SRonald P. dip _ia.tza, who,- being' by me duly sworn according to law,
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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 forthiin this Affidavit"are true and correct to the best-Lof his knowledge,-information, and belief:
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R(n h lPlazza,[ManSger-OperatingLPlant Licensing Support L
LSworn to.and subscribed.
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-before me this't9A day-
-of M, 1990.
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. Notary Public
. NOTAHIAL SEAL i
LORRA NE M. PIPLICA, NOTARY PUBLIO MONROEVILLE BORO, ALLEGHENY COUNTY l
MYc0MM!$$ TON EXPIRES DEO.14.1H1 '
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.(1)- -I am. Manager, Operating 91 ant Licensing Support, in the Nuclear ind =
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Advanced. Technology Divi? ion, 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 forL withholding accompanying this Affidavit.
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-(3)
I have' personal ~ knowledge of-the criters and procedures utilized by the Westinghouse Energy Systems Business Unit in designating information as a-
' trade secret, privileged or as confidential. commercial or financial information.
-(4)- Pursuant lto.the provisions of paragraph (b)(4) of Section 2.790' of the Commission's regulations, the,following is furnished for consideratian 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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-3 CAW-90-105 l
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.(ii) The;information is of a-type customarily held'in confidence by.
Westinghouse and not customarily disclosed to the puolic.
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-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 Jin confidence.
The application of that l
tystem and the substance of that system constitutes Westinghouse j
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= 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)g 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
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-from Westinghouse constitutes a competitive economic advantage over other companies.
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, (b)) It consists of supporting data, including test data, _ relative to a process (or component, structure, tool, method, etc.), the
'applicationLof which data secures a competitive: economic l
advantage, e.g., by opt'.91zation:or improved marketability.
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I CAW-90-105 1
(c)
Its use by a ccmpetitor 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 sun % ters.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
l (f)
It contains patentable ideas, for which patent protection may be L
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 competii.tve position.
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CAW 90 105 1
(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 well 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 i
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 i
maintaining a competitive advantace.
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6-CAW 90 105 (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 I
employed in the same original 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 " Eagle 21 Micro Processor Based Process Protection System", WCAP-12734
-(Proprietary), for Turkey Point Units 3 and 4, being transmitted I
by the Florida Power and Light Company (FPL) letter and j
Application for Withholding Proprietary Information from Public Disclosure, J. Goldberg, FPL, to Document Control Desk, to the Attention of Dr. Thomas Murley,. Director, Office of NRC,
-Dececber, 1990.
The proprietary information as submitted for use by Florida Power and Light Company for the Turkey Point l
Units 3 and 4 is expected to be applicable in other licensee I
submittah in response to certain NRC requirements for j
justification of the Eagle 21 Process Protection System.
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7 r.AW.90 105 This information is part or that which rill enable Westinghouse to:
(a)
Provide documentation which summarizes the EAGLE 21 Process Protection System design features, h6rdware architecture, siftware development and software implementation.
(b)
Provide documentation which describes the EAGLE 21 Process Protection System Equipment Qualification Program.
(c)
Provide documentation which describes the EAGLE 21 Process Protection System Design, Verification and Validation Program.
(d)
Provide documentation which describes how the EAGLE 21 Process Protection System complies with applicable reguletory criteria, (e) Assist a customer to obtain NRC epproval for operation of the EAGLE 21 Process Protection System.
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 justifying relaxation of similar technical specification surveillance requirements.
(b) Westinghouse can sell support and defense of this methodology to its customers in the licensing process.
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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 analytical documentation and licensing defense services for commercial power reactors without 4
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.
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 inlent and experience, would have to be expended for.
developing testing and analytical methods and performing tests.
Further the deponent sayeth not.
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