ML17345A805

Forwards Affidavit Requesting That Westinghouse Eagle Process Protection Sys/Components,Equipment Qualification Test Rept & Equipment Qualification Data Package (Environ & Seismic)..., Be Withheld Per 10CFR2.790

ML17345A805
Person / Time
Site:	Turkey Point
Issue date:	04/02/1991
From:	Dipiazza R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17345A798	List: ML17345A797 ML17345A799 ML17345A800 ML17345A801 ML17345A802 ML17345A803 ML17345A804 ML17345A805
References
CAW-90-106, NUDOCS 9104160429
Download: ML17345A805 (22)

Text

Westinghouse Energy Systems Box 355 Pittsburgh Pennsylvania 15230.0355 Electric Corporation April 2, 1991 CAW-90-106 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Westinghouse EAGLE Process Protection System/Components, Equipment Qualification Test Report, and Equipment Qualification Data Package

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(Environmental and Seismic) (WCAP-8687, Supplement 2-E69A and E-69B (Proprietary)

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Dear Dr. Hurley:

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The proprietary information for which withholding is being requested-in= the enclosed letter by Florida Power and Light Company is further identified in Affidavit CAW-90-106 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 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 regItlations.

Accordingly, th s letter authorizes the utilization of the accompanying Affidavit by Florida Power and Light Company.

=Correspondence with -respect to the- proprietary aspects .of the application for-withholding or the Westinghouse affidavit should reference this letter, CAW-90-106, and should be addressed to the undersigned.

Very truly yours, rAZ-R. P. DiPiazza, Manager Enclosures Operating Plant Licensing Support cc: H.~ P. Siemien, Esq. ~

Office of the General Counsel, NRC 5'10416 ~42>

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- c Proprietary Information Notice

'--Transmitted herewith are, proprietary and/or.non-proprietary .versions. of

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'ocuments =furnished to -the NRC in-connection with requests'for=.generic:.and/or plant-specific review and approval.

In order to conform to the requirements of 10 CFR 2.790 of 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 been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions

'having'been dele'ted). 'The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (g) contained within parentheses located as a superscript

" -immediately. following..the, brackets. enclosing .each .item. of .information,.being

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<<identi'fied as proprietary =or in the margin opposite such information. These

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lower case letters refer to the types of information Westinghouse customarily holds in confidence"-identified. in. Sections (4)(ii)(a).through (4)(ii)(g) of the

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affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(l).

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0 Copyright Notice

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The. reports -transmitted herewith each- bear-.a Westinghouse. copyright .notice.

The NRC -is- permitted -to. make the-number of copies of the -information contained in these reports which are necessary for its internal use in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a li.cense, permit, order, or regulation subject to the requirements of 10 CFR 2.790 regarding restrictions on public disclosure to the extent such information has been identified as proprietary by Westinghouse, copyright protection not withstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted to make the number of copies

'"'beyond those'ecessary=for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be. required by.NRC.regulations. if,the number..of copies submitted .is e 'insufficient for this purpose.-

the personal use of members document rooms.

The NRC is not 'authorized 4o-make copies for of the public who make use of the NRC public Copies made by:the.NRC must-"include the copyright~-notice in all instances and the proprietary notice if the original was identified as proprietary.

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CAW-90-106 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared

. Ronald P. DiPiazza,,who, .being by me duly sworn according to law,

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'-deposes and says that he -is authorized 'to -execute this Affidavit on behalf of Westinghouse Electric Corporation ("n Westinghouse" ) and that

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.the averments of fact set forth in this Affidavit.are true and correct..

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to the best of his knowledge, information, and belief:

Ronald P. DiPiazza, Manager Operating Plant Licensing Support Sworn to and subscribed before me this g~ day of , 1991.

~~Yk 8 Notary Public NOTARIALSEAL LORRAINE M. PIPLICA, NOTARY PLIBLIC MONROEVILLE EORO, ALLEGHENYCOUNTY MY COMMISSION EXPIRES DEC. 14. 1991 g~ t Member, PennsytvenJa Amoietion oI Notaries J

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CAW-90-106 (1) I am Manager, Operating Plant Licensing Support, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, I have been specifically 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 withholding on behalf of the

". "<<'-' <<-'< '-"><-"~.Westinghouse;Energy Systems Business Unit.

(2) I am making this Affidavit in conformance with the provisions of 10CFR

-Section .2.790 of ,the ..Commission,'s regulations andin .conjunction .wi.th .the .

Westinghouse application=.for withholding -accompanying--this Affidavit.

(3) I have personal knowledge.of"the criteria and procedures- utilized;by the-Westinghouse Energy Systems .Business 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 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 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 Westinghouse,

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CAW-90-106 (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 in confidence. The application of that system and the substance of that system constitutes 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:

(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.

(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.

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CAW-90-106 (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, budget levels, or commercial strategies of Westinghouse, its

.'+customers or suppliers.

(e) It reveals aspects of past, present, or future Westinghouse or

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'commercial value -to Westinghouse.

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

(g) It is not the property of Westinghouse, but must be treated as

. proprietary. by Westinghouse according to agreements with the owner.

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.

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i ' pppppC ~Provide documentation which describes the EAGLE 21 Process Protection System Equipment gualification Program.

,.(c) ,Provide.,documentation. which describes .the EAGLE,21,Process, Protection System Desgin, Verification and Validation Program.

(d) -Provide documentation which describes how the EAGLE 21 Process Protection System complies with applicable regulatory criteria.

(e) Assist a customer to obtain NRC approval.

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) 'estinghouse can sell support and defense of this methodology to its customers in the licensing process.

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CAW-90-106 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 analytical documentation and licensing defense services for commercial power reactors without commensurate 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 developing testing and analytical methods and performing tests.

Further the deponent sayeth not.

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