ML20141M317

Requests That Proprietary WCAP-11733, Noise,Fault,Surge & Radio Frequency Interference Test Rept for Westinghouse EAGLE-21 Process Protection Sys Upgrade Sys, Dtd June 1988 Be Withheld (Ref 10CFR2.790(b)(4))

ML20141M317
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-92-315, NUDOCS 9208110295
Download: ML20141M317 (7)

Text

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N lLI Westinghouse Energy Systems Electric Corporation $30mnne mm June 12,1992 CAW-92-315 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas hiurley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORhf ATION FROh! PUBLIC DISCLOSURE

Subject:

WCAP-11733, " Noise, Fault, Surge and Radio Fmquency Interference Test Repon for Westinghouse EAGLE-21 Process Pmtection Upgrade System" dated June 1988 (Proprietary)

Dear Dr. hiurley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identined in Af6 davit CAW-92-315 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 disciosure 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 AfHdavit by Tennessee Valley Authority.

Correspondence with respect to the pmprietary aspects of the application for withholding or the-l Westinghouse afndavit should reference this letter, CAW-92-315, ana should be addressed to the und::rsigned.

Very ly yours, s

Er. closures f'4 N. iparulo, hianager Nuclear Safety & Regulatory Activities cc: Af. P. Siemien, Esq.

Office of the General Counsel, NRC C413.DLC/060492 i

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AFFIDAVIT

} COMMONWEALTil OF PENNSYLVANIAi l ss I LOUNTY OF ALLEGHENY:

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Before me, the undersigned authority, personally appeared Nicholas J. Liparuto, who, being i l by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corpora.,1 (" Westinghouse") and that the averments of fact set fonh in this Affidavit are true and correct to the best'of his knowledge, information, and belief:  !

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Nicholas J. LiparN, Manager' f

Nuclear Safety and Regulatory Activities:

Sworn to and subscribed before me this /Y day of 4 Ate _. -- ,1992  ;

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., 2 CAW 92-313 (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 speciGcally 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 authori7ed to apply for its withholding on behalf of the Westinghouse Energy Systems Business Unit.

(2) I am making this Af0 davit 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 utillied by the Westinghouse Energy Systems Business Unit in designating information as a trade secret, privileged or as -

confidentlei commercial or Snancial information.

(4) Pursuant to the provisions of paragr?.ph (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 ,,Jiheld from 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, /

(ii) - The iriformation is of a type customarily held in con 0dence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily h' eld in confidence by it and, in that connection,.

utilizes a system to determinc when and whether to hold certain types of information .

in confidence. The application ~of that system and the substance of that system.

constuutes 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 existing, or potential

. competitive advantage, as follows:

(OMC-Dtf-2M092 v .

_._1..__.____ _ . _ _ _ .

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3- CAW-92-315 (a) The information reveals the distinguishing aspects of a process (os 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 companics.

(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 lleensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or 4

commercial strategies of Westinghouse, its customers 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.

Here 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 wh'ich 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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(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 the total competitive

] advantage if competitors acquire components of proprietary information, any

} one component may be the key to the entire puule, thereby depriving Westinghouse of a competitive advantage.

l (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.

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(f) The Westinghouse capacity to invest cuporate assets in research and -

development depends upon the success in obtaining and maintaining a -

l competitive advantage.

(iii) The information is being transmitted to the Commission in confidence cnd, 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 information has not been previously employed in the same original manner or method j 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 " Noise, Fault, Surge, and Radio Frequency interference

. Protection System Test Report for Westinghouse EAGLE 21 Process Protection Upgrade System", WCAP-ll733 (Proprietary), for Sequoyah Units 1 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 June 1988. The proprietary information as submitted for use by Tennessee Valley Authority for the Sequoyah Units 1 and 2 is expected to be applicable in other licensee submittals in response to DMCDL&4 Or4092

. 5- CAW-92 315 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 wi . summarizes the EAGLE 21 Process Protection System design features, hardware architecture, software development and software 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 this information has substantial commercial value as follows:

(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 -

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defense services for commercial power reactors without commensurate expenses; Also, public disclosure of the inforraation would enable others to use the information .

DMC DLC-5.ON002 .

, CAW-92 315 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 Wes*8nghouse 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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