ML20141M322

Requests That Proprietary WCAP-8687, Suppl 2-E69A Dtd May 1988,EAGLE-21 Process Protection Sys (Environ & Seismic Testing) Equipment Qualification Test Repts & Suppl 2-E69B Dtd Feb 1990... Be Withheld (Ref 10CFR2.790(b)(4))

ML20141M322
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-92-316, NUDOCS 9208110306
Download: ML20141M322 (7)

Text

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Westinghouse Ent gy Systems Electric Corporation g3l y g y g3g33 June 12,1992 CAW-92 316 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITH1IOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP 8687, " Supplement 2-E69A dated May 1988, EAGLE-21 Process Protection Sy: tem (Environmental and Seismic Testing) Equipment Qualification Test Reports, and ,

Supplement 2 E69B dated February 1990, EAGLE-21 Process Protection System 1 Components (Envirunmental and Seismic Testing)" (Proprietary)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavh CAW-92-316 signed by the owner of the proprietary infonnation, Westinghouse Electric Corporation. The affidavit, which accompanies 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 pamgmph (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.

j Correspondence with respect to the pivprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-92-316, and should be addressed to the undersigned.

Very tnily yours, N. . Lipa lo, Manager Enclosures Nuclear Safety & Regulatory Activities ec: . M. P. Siemien, Esq.

_ Office of the General Counsel, NRC --

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CAW-92 316 AFFIDAV[I COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

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 authorhed to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Wstinghouse") and that the averments of fact set ,

forth in this Affidavit are true and correct to the best of his knowledge, information~, and belief:

i Nicholas J. Lipar Manager Nuclear Safety and Regulatory Activities

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Sworn to and subscribed -

hefore me this /3-ntL.-

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CAW.92. 316 s

j (1)

I am Manager, N(; lear Safety and Regulatory Activities, in the Nucicar arrel Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been speci0cally 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 widiholding 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 withhok'ing accompanying this Affidavit.

(3) I have pv 41 Mwledge of fhe criteria and prrcdures utilized by the Westinghouse Energy Systems Bususs Unit in designating information as a inde secret, privileged or as confidential commercial or financial information.

, (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 determinin whett or the information sought to be withheld from public disclosure should be withhe><

(i)

The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.

(ii)

The information 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 held in con 0dence by it and, in that connection utilizes a system to det rbine when and whether to hold certain types of information in con 0dence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.

Under that system. mformation 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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-3 CAW-92-316 (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 economic advantage over 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 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,- :j assurance of qu_ality, or licensing a similar product. (

.i (d) It reveals cost or price information, production capacities, budg-* levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, present, or tuture Westinghouse or customer funded development plans and programs of potential'commrcial value to Westinghouse.

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

There are sound policy reasons behind the Westinghouse system which inblade the -  !

following: l

.(a) The use of such information by Westinghouse gives Westinghouse a >

competitive advantage over its competitors. It is, therefore, withheld from  ;

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- 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 -

n ability to sell products and services involving the use of the information.

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, CAW-92-316 (c) Use by our competiton would put Westinghouse at a competitive disadvantage a

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 puzzle, thereby deprwing 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 tho;e countries, f (f) The Westir.ghouse capacity to invest corporate assets in research and

% development depends upon the success in obtaining and maintaining a n competitive advantage.

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[ (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 information 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 l,e withheld in this submittal is that which is appropriately marked in " Eagle 21 Process Protection Systems (Environmental and Seismic) Equiprnent Qualification Test Report, WCAP-8687, Supplement 2-E69A (Proprietary) and Supplement 2-E69B, Eagle 21 Process Protection Systems Components (Environmental and Seismic) Equipment Qualification Test Report",

(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 May 1988 and February 1990. The proprietary information as mc.owmm l

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, CAW-92-316 y i

submitted for use by Tennessee Valley Authority for the Sequoyah Units I and 2 is expec:ed to be applicable in other licensee submittals in response to certain NRC -

requirements for justification of implementation of the EAGLE-21 Process Protection 3

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, software development and-software implementation.

i (b) Provide documentatien which describes the EAGLE-21 Process Protection .

System Equipment Qualifict. tion Program.

I (c) Provide documentatien 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 reg ilatory 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: .

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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 documentation.

(b) ' Westinghouse can sell support and defense of this licensing basis 'and . j technology to its customers to support the licensing prwess, 1

.i 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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• ," 4- CAW-92-316 defense services for commercial power reactors without conunensurate 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 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 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.

nMIC DLC-6:Orm92