ML20141M312
| ML20141M312 | |
| Person / Time | |
|---|---|
| Site: | Sequoyah  |
| Issue date: | 06/12/1992 |
| From: | Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP. |
| To: | Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20141M309 | List: |
| References | |
| CAW-92-314, NUDOCS 9208110280 | |
| Download: ML20141M312 (7) | |
Text
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Westinghouse Energy Systems g3[5 Electric Corporation
,, g 3gg333 June 12,1992 CAW-92-314 Document Control Desk 1
-US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURS
Subject:
WCAP-12374, " Topical Report EAGLE 21_ Micro-Processor Based Pmcess Protection System", dated September 1989 (Proprietary)
Dear Dr. Murley:
The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-314 signed by the owner of the proprietary information, -
Westinghouse Electric Corporation. The affidavit, which accompdes 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 10 CFR Section 2.790 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Tennessee Valley Authority.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference _this letter, CAW-92-314, and should be ' addressed to the undersigned.
Very truly yours,.,
.)
l N. J.
parul, Manager.
Enclosures Nuclear Safety & Regulatory Activities cc: M. P. Siemien, Esq.
Office of the General Counsel, NRC C413;DLC/06N92 9208110200.920727 0
.PDR ADOCK 05000327 P
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l-CAW-92-314 AFFIDAVIT' COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Nicholas J. Liparuto,= 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 -
4 forth in this-Affidavit are true and correct to th'e best of his knowledge, information, and belief:
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b Nicholas-J. Liparu fanager-Nuclear Safety and Regulatory Activities; Sworn to and subscribed before me this I day
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(1)
I am Manager, Nuclear Safety and Regulatory Activities, in the Nuclear and Advanced.
Technology Division, of the Westinghouse Electric Corporation and as such, I have been spec.ically delegated the function of reviewing the proprietary information sought to I withheld from public disclosure in connection with nuclear power plant licensing and.
rulemaking proceedings, and am authorized'to apply for its withnolding on behalf of the Westinghouse Energy Systems Business Unit.
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(2)
I am making this Affidavit in conformance with the provisions of 10CFR Section 2.790 of the -
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- Commission's regulations and in conjunction with the Westinghouse application for withholding accompanyina %.*.,'aoavn.
l-(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 cr financial information.
I (4)
Pursuant to the provisiom of paragraph (b)(4) of Section 2.790 'of the Commission's regulations, the following is furnished for consideration by the Commission in determining j
wheder the information sought to be withheld from public disclosure should be withheld.-
1 (i)
The information sought to be withheld from public disclosure is owned and has been i
held in confidence by Westinghouse.
i (ii)
The information is of a type customarily held in confidence by Westinghouse and not 4
customarily disclosed to the public. Westinghouse has a rational basis for determining -
the types of information customanly held in confidence by it and, in that connection. -
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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 s
constitutes Westinghouse policy and provides the rational basis required.
j 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:
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. L CAW-92-314 '
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4 (a).
The information reveals the distinguishing aspects of a process (or component,.
J structure, tool, method, etc.) where prevention of its uae by any of-Westinghouse's competitors without license from Westinghouse constitutes a.
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l competitive _ economic advantage ov'er 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 application of which data:
e secures a competitive economic advantage, e.g., by optimization or improved
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marketability. -
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(c)
Its use by a competitor would reduce his expenditure of resources or improve f
- his competitive position in the design, manufacture, shipment, installa: ion,
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assurance of quality, or licensing a similar product.
1 (d)
It reveals cost or price information, production capacities,- budget levels, or -
j commcicial strategies of Westinghouse,'its customers or suppliers.
4 (e)
It reveals aspects of past, present, or future _ Westinghouse or customer funded e.
L development plans and programs of potential commercial value to Westinghouse.
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(f)
It conta' s patentable ideas, for which patent protection may be desirable.
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I There are sound policy reasons behind the Westinghouse system which include the 4 4
following:
4 (a)
The use of such information by Westinghouse gives Westinghouse a ;
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- competitive advantge over its competitors!.-It is, therefore,' withheld from --
. disclosure to protect the Westinghouse competitive' position; h;
(b)-
It is information which is marketable in many ways. The extent to which such information is available to competitors diminishes the WestinghouseL ability to sell products and services involving the use of the information.
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, CAW-92-314 (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 informatior. 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 disc!osure would jeopardize the position of prominence of Westingbouse in the world market, and thereby give a market advantage to the competition of those countries.
i (f)
The Westinghouse capacity to invest corporate essets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(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 "B
information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
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-(v)
The proprietary information sought to be withheld in this submittal is that which is 3
- appropriately marked in " Topical Rgert Eagle ~21 Micro-Processor Based Process Protection System", WCAP-12374 (Proprietary), for Sequoyah Units 1 and 2, being -
transmitted by the Tennessee Valley Authority letter and Application for Withholding q
Proprietary Information from Public Disclosure, R. L. Gridley, TVA, to the Attention -
D
.if Dr. T, Murley, Director, Office of NRC, dated September 1989.- The proprietary information as submitted for use by Tennessee Valley Authority fer the Sequoyah Units 1 and 2 is expected to be applicable in other licensee submittals in response to emen
n y: CAW-92 314 -
certain NRC requirements for justification of implementation' of the EAGLE-21 Process Protection System.
This information is part of that which will enable Westinghouse to:
(a)
Provide documentation which sammatizes the EAGLE-21 Process Protection :
System design features, hardware architecture, sollware development and-software implementation -
c (b)
Provide documentation which describes the EAGLE-21 Precess Protection System Equipment Qoulification Program, J
(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 hotection System complies with applicable regulatory criteria.
(e)-
- Assist the customer to obtain AIRC approval of operatien of_the EAGLE-21' s
Process Protection System.
Further this information has substantial commercial value as follows:.
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(a) '
Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requirements for licensing documimation.
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(b)
Westinghousa can sell support End defense of tis licensing basis and D q
tectinology to its customers ' o support the 1.icensing process; t
Public disclosure of this proprietary informhtion is likely to cause substahtial harm to!
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. the competitive position of Westinghouse becaise it would enhance the ability of-'
competitors to provide similar EA'GLE-21 Process Protection System and licensing defense wrvices for commerchi power reactors without commensurate expensas..
e Also, public disclosure of the information 'wohld ' nalde others to.use tiie information '
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to meet NRC requirements for licensing documentation without purchasing the right to,
use the information.
He development of the technology described in part by the information is the result -
of applying the results of th.iy 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 pc: formed and a significant manpower effort,--
having the requisite talent and experience, would have to be expended for the-licensing of micro-processor based reactor protection system; Further the deponcut sayeth not.
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