ML20042G045

Requests Withholding of Proprietary WCAP-8687,Suppls 2-E69A & 2-E69B, Westinghouse Eagle Process Protection System/ Components... & WCAP-8587,Suppl 1, Equipment Qualification Data Package... Per 10CFR2.790

ML20042G045
Person / Time
Site:	Sequoyah
Issue date:	03/05/1990
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19302E126	List: ML20042G044 ML20042G045 ML20042G047 ML20042G048 ML20042G049
References
CAW-90-014, CAW-90-14, NUDOCS 9005110026
Download: ML20042G045 (11)

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'b Westinghouse ' Energy Systems Nuclear and Advanced

Electric Corporation "*""''""

-l' Box 355 Pittsburgh Pennsylvania 15230 0355

. March 5, 1990 CAW-90-014 Document Control Desk U.S. Nuclear Regulatory Commission

~ Washington, D.C. 20555

. Attention: Dr. Thomas Murley, Director  !

l APPLICATION FOR WITHHOLDING PROPRIETARY ,

INFORMATION FROM PUBLIC-DISCLOSURE l

Subject:

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

.(Environmental and Seismic) (WCAP-8687, Supp. 2 -E69A and -E69B and 1 WCAP-8587, Supp. 1, EQDP-ESE-69)

Dear Dr. Murley:

j The proprietary information for which withholding is being requested in the enclosed letter by Tennessee Valley Authority is further identified in i Affidavit CAW-89-101 signed by the owner of the proprietary information, i Westinghouse Electric Corporation. The affidavit, which accompanies this 1 letter, sets forth the basis on which the information may be withheld from-public disclosure by the Commission and addresses with specificity the j

4 considerations listed in paragraph (b)(4) of 10CFR Section 2.790 of the

. Commission's regulations. -!

Accordingly, this letter authorizes the utilization.of the accompanying l affidavit by Tennessee Valley Authority.  ;

1 Correspondence with respect to the proprietary aspects of the application for q withholding or the Westinghouse affidavit should reference this letter, '

CAW-90-014, and should be addressed to the undersigned.

Very truly yours,  !

[ m 9005110o26 900508 Robert A. Wiesemann, Manager

{DR ADOCK0500g7 Regulatory & Legislative Affairs _

L Enclosures cc: K.-Holzele, Esq.

Office of the General Counsel, NRC N:

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PROPRIETARY INFORMATION NOTICE-f TRANSMITTED HEREWITH ARE PROPRIETARY AND/0R NON-PROPRIETARY VERSIONS OF DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR GENERIC AND/0R PLANT SPECIFIC REVIEW AND APPROVAL.

IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10CFR 2.790 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 l

. 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 S0 DESIGNATED AS PROPRIETARY IS INDICATED IN BOTH' VERSIONS BY MEANS OF LOWER CASE LETTERS (a) THROUGH (g) CONTAINED WITHIN PARENTHESES LOCATED AS A SUPERSCRIPT l IMMEDIATELY FOLLOWING THE BRACKETS ENCLOSING EACH-ITEM 0F 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) 0F THE i AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT T0 10CFR2.790(b)(I). }

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, i CAW-89 101 AFFIDAVIT i

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. CON 10NWEALTH OF PENNSYLVANIA:

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' COUNTY OF ALLEGHENY:

Before' me,- the undersigned authority, personally appeared Robert A. Wiesemann, who, being by me duly sworn according to law, J '

deposes and says that he .is authorized to execute this Affidavit on u behalf of Westinghouse Electric Corporation (" Westinghouse") and that L

. the averments of fact set forth'in this Affidavit 'are true and correct to the best of his knowledge, information,. and belief:

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J T $) ((uA MLL Robert A. Wiesemann, Manager- l Regulatory and Legislative Affairs  !

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t Sworn to and subscribed 3 before me this 22 e day l.

I of. , I g . , 1989. '

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hhh $ - al L Notary Public NOT ARIAL SE AL .

LoRRAINE M PIPLICA, NOTARY PUBlic l.

MONRoEVILLE BCRo. ALLEGHENYCoVNTY l' MY COMMIS$tCN EXPIRES DEC 14. 21 Member. Pennsylvania hsooa%n cf Notan<.s  ;

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L.- l CAW-89-101 i

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(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear and Advanced Technology Division, of the Westinghouse Electric Corporation and as such, ' have been specifically delegated the t function of reviewing th.; ,coprietary 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 Units.

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

10CFR Section 2.790 of the Commission's regulations and in conjunction with the Westinghouse application for withholding accompanying this Affidavit.

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

e CAW-89-101 I

l (ii) The information is of a type customarily held in confidence by l Westinghouse and not customarily disclosed to the public. ]

Westinghouse has a rational basis for determining the types of '

j 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 i 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  !

l' economic advantage over other companies.  ;

.(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method,etc.),theapplicationofwhichdatasecuresa competitive economic advantage, e.g., by optimization or improved marketability.

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E (c), Its use by a competitor would reduce his expenditure of g resources or improve his. competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.

f (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 .

L potential commercial value to Westinghouse.

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

1 (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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CAW-89-1011 (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. 1

'l (c) Use by our competitor would put Westinghouse _ at a competitive. disadvantage by reducing his expenditure of resources at our expense. .l 1

1 (d) Each component of proprietary information pertinent to a i particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire

• components _of proprietary information, any one component 1 b

may be the key to the entire puzzle, thereby depriving

• Westinghouse of a competitive advantage.

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(e) Unrestricted disclosure would jeopardize the position of-prominence of Westinghouse in the world market,_ and thereby I give a market advantage to the competition of those -

countries.

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l' (f) The Westinghouse capacity to invest corporate assets in research and development depends upon the success in ,

obtaining and maintaining a competitive advantage.

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CAW-89-101 (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 be withheld in this ,

submittal is that which is appropriately marked in

" EAGLE-21' Micro-Processor Based Process Protection System",

WCAP-12374,(Proprietary);forSequoyahUnits1&2,being transmitted by Tennessee Valley Authority (TVA) letter and Application for Withholding Proprietary Information from ,

Public Disclosure, R. L. Gridley, TVA, .to the Attention Dr.

T. Murley, Director, Office of NRC, dated September,1989.

The proprietary information as submitted for use by Tennessee Valley Authority for Sequoyah Units 1 & 2 is expected to be applicable in other licensee submittals in response to certain NRC requirements for justification of implementation of the EAGLE-21 Process Protection System.

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CAW-89-101 This information is part or 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 I

implementation.-

l ~j (b) Provide documentation which describes the EAGLE-21 Process Protection System Equipment Qualification i Program.

l (c) Provide documentation 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 regulatory criteria.

(e) Assist the customer to obtain NRC approval for operation of the EAGLE-21 Process Protection System.

Further this information has substantial commercial value as follows:

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1 (a) Westinghouse plans to sell the use of similar information to its customers for purposes of satisfying NRC requircments for licensing I documentation. ,

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(b) Westinghouse can sell' support and defense of this :

licensing basis and technology to its customers to support the licensing process.

Public disclosure of this proprietary information is likely-L 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 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.

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-9 CAW-89 101 -l 1

l 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 equipment.

l Further the deponent sayeth not.

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