ML18096B262

Requests That Proprietary Document WCAP-13502, Advanced Digital Feedwater Control Sys Median Signal Selector for Public Service Electric & Gas Co, Be Withheld from Public Disclosure,Per 10CFR2.790

ML18096B262
Person / Time
Site:	Salem
Issue date:	01/12/1993
From:	Liparulo N WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML18096B260	List: ML18096B259 ML18096B261 ML18096B262 ML18096B263
References
CAW-93-392, NUDOCS 9302170074
Download: ML18096B262 (10)

Text

Westinghouse Energy Systems Box 355 Pittsburgh Pennsylvania 15230-0355 Electric Corporation January 12, 1993 CAW-93-392 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Dr. Thomas Murley, Director APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

WCAP-13502, "Advanced Digital Feedwater Control System Median Signal Selector for Public Service Electric & Gas Company" (Proprietary)

Dear Dr. Murley:

The proprietary information for which withholding is being requested in the above-referenced letter is further identified in Affidavit CAW-93-392 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 regulations.

Accordingly, this letter authorizes the utilization of the accompanying Affidavit by Public Service Electric

& Gas.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-93-392, and should be addressed to the undersigned.

Very truly yours, Enclosures

~~h+/-~

Nuclear Safety & Regulatory Activities cc: M. P. Siemien, Esq.

Office of the General Counsel, NRC

,-- ---9302f70074- 930205- ---- -

PDR ADOCK 05000272 P PDR

e Public Service Electric & Gas Company Letter for Transmittal to the NRC The following paragraphs should be included in your letter to the NRC:

Enclosed are:

1. ##copies of WCAP-13502, "Advanced Digital Feedwater Control System Median Signal Selector for Public Service Electric & Gas Company" (Proprietary).

2. ## copies of WCAP-13503, "Advanced Digital Feedwater Control System Median Signal Selector for Public Service Electric & Gas Company" (Non-Proprietary).

Also enclosed are a Westinghouse authorization letter, CAW-93-392, accompanying affidavit, Proprietary Information Notice, and Copyright Notice.

. As Item 1 contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the information. The affidavit 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 Section 2.790 of the Commission's regulations.

Accordingly, it is respectfully requested that the information which is proprietary to Westinghouse be.

withheld from public disclosure in accordance with 10 CFR Section 2.790 of the Commission's regulations.

Correspondence with respect to the copyright or proprietary aspects of the items listed above or the supporting Westinghouse Affidavit should reference CAW-93-392 and should be addressed to N. J.

Liparulo, Manager of Nuclear Safety & Regulatory Activities, Westinghouse Electric Corporation, P.O.

Box 355, Pittsburgh, Pennsylvania 15230-0355.

Proprietary Information Notice Transmitted herewith are proprietary and/or non-proprietary versions of documents 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 deleted). The justification for claiming the information so designated as proprietary- is-indicated in both-versions by:. ~-of lower -case-letters. (a) througa.(g) contained within parentheses located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in_ the margin opposite such information. These 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 affidavit accompanying this transmittal pursuant to 10 CFR 2.790(b)(l).

Copyright Notice 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 license, 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 notwithstanding. With respect to the non-proprietary versions of these reports, the NRC is permitted-*to-make. the.number-of.copies..be.yond.those.~sacy. fodts.internaluse...whiclLam.necessacy...ilL 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 insufficient for this purpose. The NRC is not authorized to make .

copies for the personal use of members of the public who make use of the NRC public document rooms.

Copies made by the NRC must include the copyright notice in all instances and the proprietary notice if the original was identified as proprietary.

CAW-93-392 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:

SS COUNTY OF ALLEGHENY:

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

Nicholas J. Liparulo, Manager Nuclear Safety and Regulatory Activities .

Sworn to and subscribed lt..

before me this /.;2..., day of~ ' 1993

~~YM.f!~

Notary Public Notarial Seal lomiine M. Pipffcs, Notaiy Publk:

Monroev!Ue.Boro, ~egheny County My Commiss;on Expires Dee. 14. 1995 0645C-AMS-1 :011193

CAW-93-392 (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 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 lOCFR 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 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.

(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 .

constinites 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:

064SC-AMS-2:011I93

CAW-93-392 (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.

(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 customer funded development plans and programs of potential commercial value to Westinghouse.

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

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.

(b) It is information which 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.

064SC-AMS-3:011193

CAW-93-392 (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 puzzle, thereby depriving W esti~ghouse 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 those countries.

(t) . The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.

(iii) The information is being transmitted to the Commission in confidence and, under the provisions of lOCFR Section 2.790, it is to be received in confidence by the Commission.

(iv) The information sought to be protected is not available_ in pubHc 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 be withheld in this submittal is that which is appropriately marked in Advanced Digital Feedwater Control System Median Signal II

.Selector for Public Service Electric & Gas Company Salem Units 1 ~ 2, WCAP-13502 (Proprietary), November, 1992 for Salem Nuclear Power Plant, being transmitted by the Public Service Electric & Gas Company* (PSE&G) letter and Application for Withholding Proprietary Information from Public Disclosure, Mr. S. E. Miltenberger to the Attention of Document Control Desk: The proprietary information as submitted for use by Public Service Electric & Gas Company for the Salem Nuclear Power Plant is expected to be applicable in other licensee submittals in 0645C-AM8-4:011193

CAW-93-392 response to certain NRC requirements for justification of installation and use of the Westinghouse Advanced Digital Feedwater Control System (ADFSC).

This information is part of that which will enable Westinghouse to:

(a) Provide documentation of the licensing basis in support of the Median Signal Selector design features.

(b) Supply justification for elimination of the steam generator low level coincident with steam flow/feed flow mismatch reactor trip:

(c) Present the functional design description for the Median Signal Selector implementation.

(d) Assist the customer in obtaining 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 licensing the implementation of the Median Signal Selector for deletion of the steam generator low level coincident ~ith steam flow/feed flow mismatch reactor trip.

(b) Westinghouse can sell support and defense of the 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 control system upgrades 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.

0645C-AMS-S:Oll 193

.J CAW-93-392 The development of the technology described in part by the information is th~ 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 functional logic definition and hardware design.

Further the deponent sayeth not.

0645C-AMS-6:011193