ML20141M316

Requests That Proprietary WCAP-12504, Summary Rept Process Protection Sys EAGLE-21 Upgrade Rtdbe,Nslb,Mss,Eam & TTD Implementation Sequoyah Units 1 & 2, Dtd Mar 1990 Be Withheld (Ref 10CFR2.790(b)(4))

ML20141M316
Person / Time
Site:	Sequoyah
Issue date:	07/15/1992
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-92-336, NUDOCS 9208110292
Download: ML20141M316 (7)

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Westinghouse Energy Systems Box 355 mapmmne na3c o355 Electric Corporation

' July 15,1992 CAW 92-336 Document Control Desk US Nuclear Regulatog Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITIIIIOLDING PROPRIETARY INFORMATION FROM PUBI,IC DISCLOSURE

Subject:

WCAP-12504, " Summary Report Process Protection System EAGLE-21 Upgrade, RTDBB, NSLB, MSS, EAM and 'ITD Implementation Sequoyah Units I and 2" dated March 1990 (Proprietary)

Dear Dr. Murley:

The proprietanfi nformation for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-92-336 signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. The affidavit, which accompanies this letter, sets forth the basis on which the infonnation 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, Authority. this letter authorizes the utilization of the accompanying Affidavit by Tennessee Vall Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-336, and should be addressed to the undersigned.

Very tmly yours,

. . r-f Enclosures N. J. Lipanilo,' Manager Nuclear Safety & Regulatory Activities cc: M. P. Siemien, Esq.

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l CAW-92 336 AFFIDAVIT COMMONWEALTil 0F PENNSYLVANIA:

ss COUNTY OF ALLEGilENY:

liefore 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 execme this Affidavit en behalf of Westinghouse Electric Corporation (" Westinghouse") and that the avelments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

M s Nicholas J. Liparut , Manager Nuclear Safety and Regulatory Activities Sworn to and subscribed before me this /6 day of <~41 M - ,1992

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, CAW 92 336 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 speeltically delegated the function of reviewh.g the proprietary information sought to be [

withheld from public disclosure in connection with nuclear power plant licensing and l rulemaking proceedings, and am authorized to apply for its withholding on behalf of the l Westinghouse Energy Systems Ilusiness Unit. l (U  ! 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 Ilusiness Unit in designating information as a trade secret, privileged or as confidential commercial or financial information.

(4) Pursuant to the provisions of paragraph (b)(4) of Sect;on 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 frem 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. 1 l

(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 i in confidence. The application of that system and the substance of that system -

I constitutes Westinghouse policy and provides the rational basis required. :l

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1 dader that system, information is held in confidence if it falls b one or more of several types, the release of which might result in the loss of an exist % .cr potential:

competitive advantage, as follows:

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F c CAW-92 336 (a) The information seveals the distinguishing aspects of a process (or component, j structure, tool, method, etc.) where prevention of its use by any of j Westinghouse's competitors without lleense from Westinghouse constitutes a competitive economic advantage over other companies. l l

(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.

(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, budgetl evels, or commercial strategies of Westinghouse, its cuctomers or suppliers, (e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for which patent protection may be desirable.

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 competitive position.

(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.

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. 4- CAW 92 336 (c) Use by our competitor would put Westinghouse at a competitise 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 infonnation, any i

one component may be the key to the entire puzzle, thereby depriving .

Westinghouse of a competitive advantage. i (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 j competitive advantage.

(iii) The information is being transmitted to the Commission in con 6dence and, under the provicions of 10CFR Section 2.790, it is to be received in confidence by th., -

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 1 .

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 " Summary Report Process Protection Sptem EAGLE-21 Upgrade, RTDBE, NSLU, htSS, EAh! and TTD Implementation Sequoyah Units l 1 & 2", WCAP 12504 (Proprietary), for Sequoyah Units 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. hiurley, Director, Of6ce of NRC, dated h1 arch 1990. The proprietary -

information as submitted for use by Tennessee Valley Authority for the Sequoyah Units I and 2 is expected to be applicable in other licensee submittals in response to l

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. 5 CAW-92 336 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 summarizes the EAGLE 21 Process Protection System design features, hardware architecture, sollware development and ,

sof1 ware 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 regulatory criteria.

(e) Assist the customer to obtain NRC approval of operation of the EAGLE 21 Process Protection System.

Further thir. Information has substantial commercial value as fellows:

(a) Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requirements for licensing documentation.

(b) . Westinghouse can sell support and defense of this licensing basis and technology to its customers to support the licensing process. ,

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 EAGLE-21 Process Protection System'and licensing defense services for commercial power reactors without commensurate expenses.

Also, public disclosure of the information would enable others to use the information ooracwim h

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'. CAW-92 336 to meet NRC requirements for licensing documentation without purchasing the right to use the information. )

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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 ~ ,j effort and the expenditure of a considerable sum of money.

i 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 the  !

licensing of micro-processor based reactor protection system.

Further the deponent sayeth not.

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