View source for DCL-14-034, Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal

{{Adams
| number = ML14205A035
| issue date = 03/12/2014
| title = Affidavit No. 993754-AFF-104T, Dated 03/12/2014, Signed by Mark Herschthal
| author name = Herschthal M
| author affiliation = Invensys/Schneider Electric
| addressee name = 
| addressee affiliation = NRC/NRR
| docket = 05000275, 05000323
| license number = DPR-080, DPR-082
| contact person = 
| case reference number = DCL-14-034
| document report number = 993754-AFF-104T
| package number = ML14205A031
| document type = Legal-Affidavit
| page count = 3
}}

=Text=
{{#Wiki_filter:993754-AFF-I04T AFFIDAVIT No. 993754-AFF-I04T Re: Request for Withholding from Public Disclosure per lOCFR2.390 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) I, Mark Herschthal, being duly sworn, hereby say and depose: 1. I am the North American Nuclear Project Director for Invensys, and as such I have been specifically delegated the function of reviewing company proprietary infonnation sought to be withheld from public disclosure in connection with nuclear 1 E qualification and application of the TRICON Programmable Logic Controller (PLC) and am authorized to apply for its withholding on behalf of the Nuclear Delivery Unit ofInvensys Operations Management. 
: 2. The infonnation sought to be withheld is contained in the document(s) described below: (1) Software Requirements Specification, 993754-11-809, Rev 4 (2) Failure Modes and Effects Analysis, 993754-1-811, Rev 1 (3) ReliabilityAnalysis, 993754-1-819, Rev 0 The indicated document(s) contain infonnation considered to be proprietary. Proprietary material in the enclosed documents is indicated by brackets [ ] or other similar markings as required by 10CFR2.390(b)(1)(i)(B).
As indicated in the associated transmittal letter, non-proprietary versions of the document( s) mayor may not be provided, consistent with the level of proprietary content. This infonnation is associated with the Diablo Canyon Power Plant (DCPP) Process Protection System Replacement Project, which incorporates Invensys TRICON systems and delegated digital application project integration services.
This will allow the NRC to verify compliance with current regulatory requirements for certain Invensys activities in support of the DCPP PPS Replacement Project. 3. I am making this affidavit in confonnance with the provisions of I OCFR Part 2.3 90 of the Commission's regulations and in conjunction with the Invensys application for withholding accompanying this affidavit. 
: 4. I have personal knowledge of the criteria and procedures utilized by the Nuclear Delivery Unit ofInvensys Operations Management in designating infonnation as a trade secret, privileged, or as confidential commercial or financial infonnation.
Some examples of categories of infonnation which fit into the defmition of proprietary infonnation are: a) Infonnation which discloses process, method, or apparatus, including supporting data and analyses, where prevention of its use by Invensys's competitors without license or contract from Invensys constitutes a competitive economic advantage over other companies in the industry.
b) Infonnation, which if used by competitors, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, application, installation, assurance of quality, or licensing of a similar product. c) Infonnation which reveals cost or price infonnation , production capacities, budget levels, or commercial strategies ofInvensys, its customers, its partners, or its suppliers.
d) Infonnation which reveals aspects of past, present, or future Invensys customer-funded development plans or programs, of potential commercial value to Invensys.
Page 1 of3 993754-AFF-104T e) Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
f) Information obtained through Invensys actions which could reveal additional insights into nuclear equipment qualification processes, customer applications, and regulatory proceedings, and which are not otherwise readily obtainable by a competitor.
Information to be withheld is considered to be proprietary based on lOCFR2.390(a)(4), with consideration of the reasons set forth above. 5. These documents describe the details of a program to qualify Invensys Triconex equipment for IE application, product design details, and/or customer application approaches.
Invensys Triconex is the first manufacturer of a PLC to fully implement the requirements set forth in the EPR! TR-I07330, which has been endorsed by the Commission in an SER. Invensys Triconex has expended a significant amount of money and effort involving numerous contractors over more than 15 years to develop and implement an ongoing successful approach to its test programs and nuclear applications.
Information developed relating to test plans, approaches, equipment, specific problems encountered, licensing perspectives, application approaches, and lessons learned has significant value because of the resources expended to successfully accomplish this process and the usefulness of this knowledge to potential competitors.
Specific data showing compliance with requirements and demonstrating technical capability of the equipment has substantial commercial value because it provides the basis for qualifying Invensys Triconex equipment and implementing safety-related digital upgrades to nuclear plants. Existing options for digital upgrades in the nuclear industry are limited. We believe that ongoing successful IE qualification upgrades of the TRICON PLC products and implementation of plant application projects will continue to give Invensys a competitive advantage in this field. Disclosure of information in these documents would cause substantial harm to the competitive position of Invensys, as there are other competing companies who wish to qualify digital PLC controllers and apply them in safety related applications in nuclear power plants. Competing firms could use our experience, successful approaches, and technical information to facilitate their own equipment qualification efforts, application approaches, and/or product design without compensating Invensys. 
: 6. Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld 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 Invensys. (ii) The information is of a type customarily held in confidence by Invensys and not customarily disclosed to the public. Invensys 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 in confidence.
The application of that system and the substance of that system constitute Invensys policy and provide the rational basis required. (iii) The information is being transmitted to the Commission in confidence and, under the provisions of 10CFR Part 2.390, it is to be received in confidence by the Commission. (iv) This information is not readily available in public sources. (v) Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position ofInvensys because it would enhance the ability of competitors to provide similar design and qualification ofPLC systems and associated applications using similar project methods, equipment, testing approach, contractors, or licensing approaches.
As described in section 5, this information is the result of considerable expense to Invensys and has great value in that it will assist Invensys in providing Invensys Triconex digital upgrade equipment and services to a new, expanding markets not currently served by the company. Page 2 of3 993754-AFF-I04T 
: 7. The foregoing statements are true and correct to the best of my knowledge, information, and belief. State of California County of 0,. Ck-9' '<.......
Place Notary Seal Above North American Nuclear Project Director InvensyslSchneider Electric Subscribed and sworn to (or affIrmed) before me on this __ day of I't C<... .. ,2014 by Date Month Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me. Page 3 of3}}