ML20154L721

Requests That Proprietary WCAP-11931, Advanced Digital Feedwater Control Sys Median Signal Selector for Northern States Power Prairie Island Units 1 & 2, Be Withheld (Ref 10CFR2.790).Affidavit Encl

ML20154L721
Person / Time
Site:	Prairie Island
Issue date:	09/09/1988
From:	Wiesemann R NORTHERN STATES POWER CO.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19297G997	List: ML20154L607 ML20154L650 ML20154L721
References
CAW-88-095, CAW-88-95, NUDOCS 8809260269
Download: ML20154L721 (9)

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(b Septanber 9,1988 Westinghouse PgwerSystems ElectiIC C0fp0f81100 wm 78easieu 3rs ns Omsis km 35$

PA up PevsyNea 15230 Cm CAW-88-095 Dr. Thomas Hurley, Director Office of Nuclear Reactor Regulation ,

U.S. Nuclear Regulatory Ccemission Washington. D.C. 20555 ,

APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM FUBLIC DI5CLO3UME Subject : Transmittal of WCAP-11931 Proprietary) and WCAP-11932 (Non-Proprietary) "Advanced Digital Feedwater Control System Median Signal Selector for Northern States Power Prairie Island Units 1 & 2"

Dear Dr. Hurley:

he proprietary infortation for which withholding is being requested in the enclosed letter by Northern States Power is further identified in an affidavit signed by the owner of the proprietary information, Westinghouse Electric Corporation. We affidavit, which kcceepanies this letter, sets forth the basis on which the infortation scay be withheld frca public disclosure by the Cormission and

' addresses with specificity the considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the Coccission's regt.lations.

De proprietary material for which withholding is being required is of the same i

technical type as that proprietary material previously sutaitted as Affidavit AV-80-C27.

Accordingly, this letter authorizes the utilization of the acecrepanying

affidavit by Northern States Power.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-095,

! and should be addressed to the undersigned.

I Ve truly yours, e _ , m a,er

] Regulatory & Legislative Affairs Fnolosures oc: E. C. Shomaker. Esq.

j Office of the General Courael, NRC 0809260269 000915 2 DR ADOCK 0500 1

g %s PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREMITH ARE PROPRIETARY AND/OR NON-PROPRIETARY VERSIONS OF ECCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GWERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN OREER TO CONFORM TO THE REQUIRfyINTS OF 10CFR2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IN THE PROPRIETARY VERSIONS IS CONTAINED WITHIN BRACKETS AND WHERE THE PROPRIETARY INFORMATION HAS BED 4 EELETED IN THE NON-PROPRIETARY VERSIONS ONLY THE BRACKETS RD4AIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETARY VERSIONS HAVING BEDJ DELETED. THE JUSTIFICATION FOR CLAIMING THE INW RMATION S0 DESIGNATED AS PROPRIETARY IS I',0ICATED IN BOTh VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARD 4 THESES LOCATED AS A SUPERSCRIPT IMMEDIATELY MLLOWING THE BRACKETS D1 CLOSING EACH ITEM OF INFORMATION BEING IEENTIFIED AS PROPRIETARY OR IN THE MARGIN OPPOSITE SUCH INWRMATION. THESE LOWER CASE LETTERS REFER TO THE TYPES OF INFORMATION l'ESTINGHOUSE CUSTOMARILY HOLDS IN CONFIDDICE IDW7IFIED IN SECTIONS (4)(11)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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AW-80-27 AFFICAVIT 00",MO:i',iEALTH OF PENNSYLVANI A:

$5 COUNTY OF 1.LLE3Hi.NY:

Before .e. tne uncersigne authority, oersonally ap; eared

io er*, A. h'iese.. ann, anc, being by .e culy sworn accorcing to law, de;cses and says inat ne is authoriced c execute this Af fidavi: on

enaif of '.;estingncuse Electric Cor:cratien ("'..les;ingncu. e") and :na:

ne ave ments of fact set fortn in :nis Affidavit are true and :orrect to :ne :est of nis kncwlecge, infor ation, and belief:

q, J.]st HktMU Rocer: A. Wi es er.a nn , Ma na ger Regulatory and Legislative Affairs Sworn to and subscriced before - :nis / [ day of _ 1950.

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AW-80 27 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Tecnnology Division, of Westinghouse Electric Corporation and as sucn, I have been specifically delegated the function of reviewing ne proprietary information sougn: to be withheld from public dis-

lesure in connection witn nuclear cower plant licensing or rule-making croceecings, anc am autneri:ed to apply for its witnnolding on benalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions of 100FR 5ection 2.790 of :ne Commission's regulations anc in con- ,

junction with the Westingnouse application for witnholcing ac-compar.ying :nis Affidavit.

(3) ! nave personal knowledge of the criteria and procedures utili:ed by Westinghouse Nuclear Energy Systems in desicnating information as a trade secret, privileged or as confidential commerical or financial information.

4) Pursuant to the provisions of paragrapn (b)(a) of Section 2.790 of the Commission's regulations, the following is furnished for consideration by :ne Commission in determining whether :ne in-formation sought to be withheld frcm public disclosure should be witnneld.

(i) The information sought to be withneld from public disclosure is owned anc has been neld in confidence oy Westinghouse.

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AW-80-27 (ii) The information is of a type customarily held in confidence by Westinghouse and not cus*omarily disclosed to the public.

Westingneuse has a rational basis for determining the types of information customarily neld in confidence by it and, in that connectien, utili:es a system to determine wnen and anetner to nold certain types of information in conficence.

The apolication of that system and the substance of that system constitutes Westingnouse policy and provides tne rational basis recuirec.

i Under that system, information is held in confidence if it falls in one or more of several types, ne release of wnicn l might result in the loss of an existing or potential com-

etitive acvantage, as follows:

(a) The information reveals the distinguishing aspects of a process (or component, structu*e, tool, method, etc.)

where prevention of its use by any of Westinghouse's competitors without license from Westinghouse consti-tutes a competitive economic advantage over other companies, t

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the aoplication of which data secures a t competitive economic advantage, e.g., by optimi:ation or improved marketability. ,

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AW-80-27 (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, procuction cap-acities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e) It reveals aspects of past, cresent, or future West-ingnouse or cust mer fundec development plans and pro-grams of potential commercial value to Westinghouse.

(f) It contains patentable ideas, for wnich patent pro-tection may be desirable.

(g) It is not tne property of Westinghouse, tut must te i treated as proprietary by Westingnouse according to agreemr.nts witn the owner.

There .:re sound policy reasons behind the Westinghouse system ,

whien include the following:

(a) The u!e of such information by Westinghousa ghes ,

Westi.1ghouse a competitive advantage over its com- l petitors. It is, therefore, withheld from disclosure to protect the Westingneuse ecmpetitive position.

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AW-80-27 (b) It is information wnicn is marketable in T.any ways.

The extent to wnicn such information is available to comoetitors diminishes the Westinghouse soility to sell products and services involving the use of the i nforma tion.

(c) Use by our competitor would out Westingnouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Eacn component of proprietary information certinent to a particular ccmpetitive acvantage is pctentially as veluable as the total competitive advantage. If competitors acquire components of proprietary infor-mation, any one component may be the key to the entire pu::le, thereby depriving Westinghouse of a competitive acvantage.

(e) Unrestricted disclosure would jeoparoi:e the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition in those countries.

(f) The Westingneuse capacity to invest corporate assets in research and development decends upon the success in obtaining and maintaining a competitive advantage.

AW-80-27 (iii) The information is being transmitted to tne Commission in confidence and, under the provisions of 10CFR Section 2.790, it is to be received in confidence by the Commission. I (iv) The information sougn: to ce protected is not available in euclic sources to :ne bes: of our knowledge ano belief.  ;

(v) The proprietary information sought to be withheld in this suomittal is :nat which is approcriately marked in :ne attaen-ment to '.lestingnouse Letter No. NS-T"A-2257, Anderson to Miller, dated June 16, 1980 concerning the Westingneuse Ecuip-ment Qualification Program to address Regulatory 3uides 1.59 and 1.100. The letter and attacnment are being suomitted to comolete the information provided in WCAP-8587, Supplement 1, i which was requested by the NRC via PBS Standard Question No. 4, ,

"Environmental Qualification of Class 1E Equipment."

This information enables Westingnouse to:

F (a) Develop test inputs and pror.edures to satisfactorily verify the design of Westinghouse supplied equipment. t (b) Assist its customers to obtain licenses, t i

Furtner, the information has substantial commercial value as follows  !

l (a) Westinghouse can sell the use of this information to customers.

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4 AW-80-27 (b) Westingnouse uses the information to verify the design of equipment which is sold to customers.

(c) Westingneuse can sell testing services based uoon :ne ex;erience gained and the test ecuipment and retnods d e'. el o:ec .

Puelic disclesure of this information is likely to cause suostantial a. arm to the or:etitive :osition of Westinghouse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical ecui: ment for com-ercial power reactors witnout co mensurate ex;enses. Al s o ,

Oublic cisclosure of the infor ation would enable others having the same or similar eoui; rent to use the information to meet NRC requirements for licensing documentation without purchasing the rignt to use the information.

. The development of the equipment described in part by the infor .ation is the result of many years of development by Westingneuse and tha expenditure of a considerable sum of money.

This could only be duplicated by a tempetitor if he were to invest similar sums of money and provided he had the appropriate talent available and could semehow obtain the requisite experience.

Furtner tne de;cnent sayetn not.

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