ML20066B993
| ML20066B993 | |
| 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-90-106, NUDOCS 9101090097 | |
| Download: ML20066B993 (10) | |
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l Westinghouse Energy Systems gggggd Electric Corporation I$$srwwow smm December 20, 1990 CAW 90 106 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20b$5 -
. Attention:
Dr. Thomas Morley, Director APPLICATION FOR WITH OLDING PROPRIETARY INFORMATION FROM PUBLIC DISCl0SURE
. estinghouse EAGLE Process Protection System / Components Equipment
Subject:
W Qualification Test Report, and Equipment Qualification Data Package (Environmental and Seismic) (WCAP 8687, supplement 2 E69A and E 698 (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 90106 signed by the owner of the proprietary information, Westinghouse Electric Corporation.
The affidavit, which accompanies this letter,' sets forth the basis on which the informatioy 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 Ficrida Power'and Light Company.
Correspondence with respect to the proprietary aspects of.the application for withholding or the Westinghouse affidavit should reference.this letter, CAW-90 106, and should be addressed to the undersigned.
Verytrulyyours,
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R nel P DiPiazza, anager Enclosures-Op tht4 g Plant Licensing Support cc: _ C. M. Holzle, Esq.
Office' of the General Counsel,. NRC V.. Wilson, Nuclear Reactor Regulation 9101090097 900822 gDR-ADOCK0$00g.0
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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/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 THATs WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION S0 DESIGNATED AS PROPRIETARY IS INDICATED:!N BOTH VERSIONS BY MEANS OF LOWER CASE LETTERS (a)THROUGH(g)CONTAINEDWITHINPARENTHESESLOCATEDASASUPERSCRIPT IMMEDIATELY_FOLLOWING THE BRACKETS ENCLOSING EACH~ ITEM OF INFORMATION-i BEING IDENTIFIED AS PROPRIETARY OR IN'THE MARGIN OPPOSITE SUCH INFORMATION.
THESE LOWER CASE LETTERS REFER T0.THE TYPES OF INFORMATION WESTINGHOUSE = CUSTOMARILY. HOLDS IN CONFIDENCE IDENTIFIED IN SECTIONS (4)(ii)(a)THROUGH(4)(ii)(g)0FTHEAFFIDAVITACCOMPANYINGTHIS TRANSMITTAL PURSUANT T0:10CFR2.790(b)(1).
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V CAW 90-106 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:-
'l Before me. the undersigned authority, personally appeared Ronald ~P. DiPlazza, who, being by me duly sworn according to law, deposes and says th'at he is authorized to execute this Affidavit on
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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:
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,i Ronfd.Di azza,ManIger Operit1tig Plant Licensing Support Sworn-to and subscribed before me this. @ day of danul% 1990.
Al'$1 Notary Public NOTAA:4 sE4 Lo4 RAIN! M PAPUCA,NQTARY PUBUC MONRO (VILLE PCRO, ALLIGHENYCOUNTY
- MYc0MMISSON EXPIRES 0!CJ14.1idl ~
Member, Penrsynasa Amann elNpa 4s
- CAW 90 106 (1)
I am Manager, Operating Plant Licensing Support, 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.
(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 commercial or financial information.
(4) Dursuant to the provisions of paragraph (b)(4) of Section 2 790 of the
.Comission'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 withhold.
-(i) The information sought to be withheld from public disclosure is owned 4
and has been held in' confidence by Westinghouse.
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+ CAW 90-106 l
(ii) The information is of a type customarily held in confidence by Westinghouse-and not customarily disclosed to the public.
Westinghouse has a fationti basis for determining the types of i
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,
' he application of that l
i 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 cxisting or potential competitive advantegc, 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 economit. advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure -. tool, method,' etc.)_, the applicat',a of which data' secures a competitive economic advantage, e.g., by optimization or improved marketability.
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. CAW-90-106 4
4 (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)l It reveals _ aspects of_ past, present, or future Westinghouse or -
customer funded development plans and programs of potential commercial value to Westinghouse.
(f)'.t~contains patentable. ideas, for which patent protection may be-desirable..
- (g)
It is not the property of Westinghousb,-but must be treated as proprietary by_ Westinghouse according to agreements with the
-owner.
1There 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..ItLis, therefore,:
withheld from-disclosure to protect the Westinghouse competitive position.
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-i (b)
It is -information which is marketable in many ways.
The extent j
to which such information is available to competitors dimi :sncs the Westinghouse ability to sell products and service involving i
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the use of the information.
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(c)
Use.b.y-our_ competitor would put Westinghouse at a competitive disadvantage by reducing his' expenditure of resources at our i
- expense, i
.(d)
Each component of proprietary information portinentIto 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 1
.the key to the entire puzzle, thereby depriving Westinghousn of a competitive-advantage.
(e) Unrestricted disclosure would deopardize _the position of i
prominence -of Westinghouse in' the world market, andl 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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_ (iii) _
lhe-triformation 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 Comission.-
(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 L
our_-knowledge and ';elief.
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-(v)
TheLproprietary information' sought to be withheld in this submittal;is that which is -appropriately marked in Westinghouse EAGLEProcessfProtectionSystem/ Components, Equipment Qualification ' Test Report, and Equipment-Qualification Data PackageL(Environmental and Seismic) (WCAP-8687,- Supp. 2 E69A and E69B'are 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 use by' Florida Power and Light Company for 'the Turkey Point Units 3 and 4 is expected to be -
applicable in other licensee submittals in response to certain N_RC requirements for. justification of use of the Eagle 21' Process. Protection System.
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.1 CAW-90 106-t This information is part or that which will enable Westinghouse to:
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-(a) Provide documentation which summarizes the EAGLE 21 Process j
Protection System design features, hardware architecture, software devalopment and software implementation.-
(b) Provido documentation which describes the EAGLE 21. Process-Protection System Equipment Qualification Program.
(c) Provide documentation which describes the EAGLE 21 Process Protection System Desgin, Verification and Validation Program.
(d)
Provide documentation which describes how the EAGLE 21 Process Protection System complies with applicable egulatory criteria..
.(e) Assist.a customer to obtain NRC approval.
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- Further this information has substantial commercial -value as1 follows:
(a). Westinghouse plans. to sell the use of similar information to:its customers for. purposes of satisfying NRC L-requirements.for licensing documentation.
l-(b)- Westinghouse can sell support and defense of this L
methodology to its customers in the licensing process.
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- CAW-90 106 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 rear, tors 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 appiying the results of many years of experience in an intensive West %ghcuse 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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