ML20141M314

Requests That Proprietary WCAP-11239,Rev 4, Westinghouse Setpoint Methodology for Protection Sys Sequoyah Units 1 & 2 EAGLE-21 Version, Dtd Feb 1990 Be Withheld (Ref 10CFR2.790(b)(4))

ML20141M314
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: ML20141M308 ML20141M310 ML20141M312 ML20141M314 ML20141M316 ML20141M317 ML20141M319 ML20141M322
References
CAW-92-319, NUDOCS 9208110287
Download: ML20141M314 (7)

Text

-

l Westinghouse Energy Systems N ewermmaans Electric Corporation

. Tune 12,1992 CAW-92-319 Document Control Desk 4

.US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPIlCATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBilC DISCLOSURE

Subject:

~WCAP-il239, Rev. 4, " Westinghouse Setpoint Methodology. for Protection Systems Sequoyah Units 1 and 2 EAGLE-21 Version" dated February 1990 (Proprietary)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above referenced letter is further identified in Affidavit CAW-92-319 signed by the owner of the proprietanj information, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis 1

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 Commirsion'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 Westirghcase affidavit should reference this letter, CAW-92-319, and should be addressed to the undersigned.

Very truiy yours, A

N. J.

ipamlo, Manager Enclosures Nuclear Safety'& Regulatory Activities cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC -

C413:DLCIOcot92 l

$$0"kO$!kO$0 7

P

~,.

- CAW-92-319 -

AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

e COUNTY OF ALLEGFIENY:

Before me; the undersigned authority, personally appeared Nicholas J.- Liparulo, who, being.

by me duly sworri according to law, dephs and says tliat he is authorized to execute this Affidavit e

on behalf of West;nghouse Electric Corporation (" Westinghouse") and that the avisments of fact set!

forth in this Affidavit are true and correct to the best of his knowledge, information,: and b' lief:

e i

e

- Nicholas J. Lipa[nd, Manageri

\\

-j

~' Nuclear Safety and Regulatory Activities Swarn to and subscribed' before me this

/Y day-

- i of CM<xd_.)

,1992 0

j f"/&Mt:klLlw U

- Notary Public l

l Nceerm seal.

' tamireM. Pct:a. Notary % :.

X-.

My

• Expres 906 '

.=.w - %

.i-n

,.y

)

~

3 y

w.s.i_u

,w y

n

I I

- CAW 92 319 2

i i

(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 specifically delegated the function of reviewing the proprietary inforrestion sought to be l

withheld from public disclosure in connection with nuclear power plvn licensmg and

}

rulemaking proceedings, and am authorized to apply for its withholding on behalf of the Westinghoase Energy Systems ilusiness Unit.

I (2)

I am making this Affidav!! in conformance with the provisions of 10CFR Section 2.790 of the

[

Commission's regulations and in conjunction with the Westinghovsc application for l'

withholding ompanying this Affidavit.

d t

j (3)

I have personal knowledge of the criteria and procedures u':lized by the Westinghouse Energy Systems ilusiness Unit in designating information as a trade secret, privileged or as

{

confidential commercial or financial informat.

1 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 i

l whether the information sought to be withheld frem public disclosure should be withheld.

}

(i)

The information sought to be withheld from public disclosure is owned and has been l

. held in confidence by Westinghouse.

i (ii)

The information is of a tyne customarily held in confidence by Westhighoust and not-customardy disclosed to the public. Westinghouse has a rational basis for determining l

the types of larormation customarily held in confidence by it.and, in that connection,.

l utilizes a syaent to determine when and whether to hold certain types ofinformation.

In confidence. Tlw application of that s'ystem and the substance of that system constitutes Westhy; house policy and provides the rational basis required.

i.

i Under that system, information is held in confidence ifit falls in one or more of L

several typo, the release of which might result in the loss of an existing or potential l

competitive advantage, as follows:

L

-L I

awc.cmam I -

.j

.-. ~.. a m., _..

a. -.a.

~

4 m.-

a 2.~

, w. _.a

-3 CAW 92 319 (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 Ilcense from Westinghouse constitutea a competitive economic advantage over other companius, 1

(b)

It consists of supporting data, including test data, relative to a process (or-component, structure, tool, method, etc.), the appilcation of which data secures a competitive economic advantage, e.g., by optimization or improved

]

marketability.

(c)

Its use by a competitor would redece his expenditure of resources or improve his compe:itive position in the design, manufacture, shipment, installation, assurance of quality, or lleensing a similar product, -

l (d)

It reveals cost or price infortnation, production capacities, budget levels, or comrnercial strategies of Westinghouse, its customers or suppliers, i

(e)

It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to f

Westinghouse, s

I (f)

It contains patentable ideas' for which patent protection may be desirable.

l L

There are sound policy reasons behind the Westinghouse system which include the following:

l i

(a)

The use of such information by Westinghouse gives Westinghouse a-competitive advantage over its competitors. It is, therefore, w;thheld from disclosure to protect the Westinghouse competitive position, i

l (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 sell products and services involving the use of the information,-

i

. meuchmm.

r -

,..,J,

.4....,

--e..A--.-_:=,..~.

~

~

_ _ _ _ - ~

4 5 CAW-92 319 1

i (c)

Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

.I

(

(d)

Each component of proprietary information pertinent to a particular i

competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any l

'ne component may be the key to the entire punle thereby depriving i

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.

(iii)

The information is twing transmitted to the Commission in conndence and, vnder the provisions of 10CFR Section 2.790, it is to be received in conndence by the Commission.

(iv)

The information sought to be protected is not available in pu'f.c sources or available informnion has not been previously 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 " Westinghouse Setpoint Methodology for Protection Systems -

Sequoyah Unit.s 1 and 2 EAGLE-21 Version", WCAP-11239, Rev. 4 (Proprietary),'

for Sequoy:A Umts I and 2, being transmitted by the Tennessee Valley Authority letter and Application for Withholding Proprietary information from Public Disclosure, R. L. Gridley, TVA, to the Attention of Dr. T. Murley, Director, Office of NRC, dated February 1990. The proprietary information as submitted for use by Tennessee Valley Authority for the Sequoyah Units I and 2 is expected to be 0%4C@LCA Os092

. CAW-92-319 applicable in other licensee submittals in response to certain NRC requirements for justification of instrumentation and system uncertainties.

i This inforraation is part of that which will enable Westinghouse to:

(a)

Provide documentation of the analysis, methods, used for determining technical specification setpoints, utilizing the instrumentation uncertainties.

(b)

Calculate the instrumentation uncertainties for the Technical Speci6 cation setpoints.

(c)

Establish systematic and random uncertainties it. providing Technical Specifiention setpoint:.

(d)

Provide the methods in determining the instrumentation uncertainties.

]

(e)

Assist th customer to obtain NRC approval.

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 meeting NRC requirements for licensing documentation.

(b)

Westinghouse can sell support and defense of the technology to its customers '

in future spent fuel rack orders.

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 lleensing docemertation without purchasing the right to use the information.

044ODt.C-3:OlWO92

,._.,--4

~..

,i,

(

i 4-CAW-92-319 4

i 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 infermation, similar l

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 analytical methods and performing tests.

5 i

Further the deponent sayeth not.

3 i

b J

i i

f r

3.

I t

1 044C-DLCM.(wtw2

-...m..

~

-,