ML20066B982
| ML20066B982 | |
| 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-90-104, NUDOCS 9101090091 | |
| Download: ML20066B982 (10) | |
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Westinghouse Energy Systems gg@y7 Electric Corporation am 355 htt!.bmp tennsylvama 15230 03L5 i
December 20, 1990 CAW 90 104 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention:' Dr. Thomas Murley, Director MPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
WCAP-11733 " Noise, Fualt, Surge, and Radio frequency Interference Test Report for Eagle 21 Process Protection System Upgrade for Turkey Point Units 3 and 4" (Proprietary)
Dear Dr. Hurley:
'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 90104 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 Florida Power and Light Company.
Correspondenct with r9spect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW 90 104, and should be addressed to the undersigned.
Very truly yours, W%
q Ronald /.
Piazza, Mana er Enclosures Op m p g 5 ant Licensing Support cc:
C. M. Holzle. Esq.
Office of the General Counsel, NRC
-V. Wilson, Nuclear Reactor Regulation 9101090091 900022 DR ADOCK 05000230 PDR
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(i 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.
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 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 Tile 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) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PVRSUANT TO 10CFR2.790(b)(1).
CAW 90 104 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Ronald P. DiPiazza,- 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:
j Rona(d Difazza,Manahr Operat7ng Plant Licensing Support Sworn to and subscribed before me this M day of 2ier ul%1990.
EM77.-
Notary Public LORRAINE P Li A. 40 ARYPUBLC MONR0!VLLE BORD. ALLEGHENYcOUNTY
- MY C0tMS$ ION EXPIRES DEC 14.1Mt Momt. Pennspaw k&cahn of Nctus.
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2 CAW 90 104 (1)
I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Division, of-the Westinghouse Electric Corporation and I
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.
(3)
I have personal knowledge of the criteria and proceddres utilized by the Westinghouse Energy Systems Business Unit in designating information as a
- trade secret, privileged or as confidential commercial or financial information, i
- (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 withheld.
L(1) The information sought to be ' withheld from public disclosure is owned and has been held in' confidence by Westinghouse.
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. CAW 90 104 (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 cor.fidence 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 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 application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability, I
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(c)
Its use by a competitor would reduce his expenditure of 0
resources or improve his competitive position in the design',
manufacture, shipment, installation -assurance of quality, or e
s,
-licensing a similar. product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its a
customars or-suppliers.
4 (e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
i (f)
It contains _ patentable ideas, for'which patent protection may be n
desirable.
1 (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 3
include the following l
(a) The use of such information by Westinghouse gives Westinghouse a a
competitive advantage over its cohipetitors'.
It is, therefore,.
withheld-from disclosure to protect the Westinghouse competitive
. position.
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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.
(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 e
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 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 maintaining a competitive advantage.
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6-CAW 90 104 (iii)
The information is being transmitted to the Commission in confidence and, unde' 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 knowledge and belief.
(v)
_ Th'e proprietary information sought to be withheld in this submittal is that which is appropriately marked in
- Noise, Fault, Surge, and Radio frequency Interference Test Report for Eagle 21 Process Protection System Upgrade", WCAP 11733 (Proprietary), for Turkey Point Units 3 and 4, being transmitted by the Florida Power and Light Company (FPL) letter and 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, December, 1990. The proprietary information as submitted for i
use by Florida Power and Light Company for the Turkey Point Units 3 and 4 is expected to be applicable in other licensee l
. submittals in response to certain NRC requirements for justification of use of the Eagle 21 Process Protection System.
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CAW 90 104 e
This information is part or that which will enable Westinghouse to:
(a) Provide documentation of the EAGLE 21 system performance subjected to noise, fault, su ;% snd radio frequency Interference.
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-(b) Demonstrate the capability of this safety related system to perform its intended functions when subjected to these abnormal conditions.
i (c) Demonstrate performance of the EAGLE 21 intended function i
for process protection.
I (d) Demonstrate performance of the process protection functions f
of Reactor Trip and Engineered Safety Features (EST)
I actuations.
_ (e)-. Assist a. customer to obtain NRC approval.
Further this information has substantial ccmmercial 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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1 8-CAW 90 104 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 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 talent 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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