ML20151G349

Requests Withholding of Proprietary Suppl 7,Rev 0 to WCAP-10170, Westinghouse SPDS Design & Verification... Process for Beaver Valley Unit 1 Nuclear Station, from Public Disclosure (Ref 10CFR2.790)

ML20151G349
Person / Time
Site:	Beaver Valley
Issue date:	06/16/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Murley T Office of Nuclear Reactor Regulation
Shared Package
ML19292J151	List: ML20151G346 ML20151G349 ML20151G354
References
CAW-88-059, CAW-88-59, NUDOCS 8807280305
Download: ML20151G349 (10)

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Westinghouse Power Systems Nuclear Technology Electric Corporation 8YSS"'8 " "

Box 355 Pittsburgh PennsyNania 15230-0355 -

June 16, i988 cflW-88-059

' Dr. Thomas Murley, Director Office ot' Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAP-10170 Supp. 7 (Proprietary) and 10170 Supp. 7-NP .

(Non-Proprietary) on Westinghouse Safety Parameter Display System Design and V&V for the Beaver Valley Unit 1 Nuclear Station Ibar Dr. Murley:

The penrietary material for which withholding is being requested in the enclosed -

letter by the Duquesne Light Company is further identified in an affidavit- 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 10CFR Section 2.790 of. the Commission's regulations.

The proprietary material for which withholding is being requested is of the same technical type as that proprietary material previously submitted with Application for Withholding CAW-83-009.

Accordingly, this letter authorizes the utilization of the accompanying affidavit by Duquesne Light Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-059, and should be addressed to the undersigned.

Ver truly yours, Robert A. Wiesemann, Manager

- /dmr Regulatory & Legislative _

Affairs Enclosure (s) cc: E. C. Shomaker, Esq.

Office of the General Counsel, NRC 8807280305 880718

• PDR ADOCK 05000334 P PDC ,

PROPRIETARY INFORMATION NOTICE TRANSMITTED HEREWilH 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 REQUIREMEtlTS OF 10CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PR0iECT10N 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 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 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) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL PURSUANT TO 10CFR2.790(b)(1).

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AFFIDAVIT (s COMMONWEALTH 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, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Corporation ("Westinghouse") and that T.he averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, inforsation, and belief:

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Robert A. Wiesemann, Manager Regulatory and Legislative Affairs C

Sworn to and subscribeds

( before me this cl[ day of0 6 1983.

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PAU $ PUSUC MORR0tYllil 3000. ALLtHitY COUNTf NT Comet $$1M IIPitt3 NARCH 10,1996 Jhabet. Pennsytyeeie Associatlee of Notaries

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(1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Techno-logy Division, of Westinghouse Electric Corporation and as such, I have

- been specifically delegated the function of reviewing, the proprietary infomation sought to be withheld from public disclosure in connection with nuclear power. plant licensing or rule-making proceedings, and am authorized to apply for its withholding on behalf of the Westinghouse r'~ Water R4 actor Divisions.

(2) I am making this Affidavit in confomance with the provisions of 10CFR Section 2.790'of the Comission'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 Westiinghouse Nuclear Energy Systems in designating infomation as a trade secret, privi.l'eged or as confidential comercial or financial infomation.

'(4) Pursuant to the provisions of paragraph (b)(4) of Section 2.790 of the Comnission's regulations, the following is furnished for consideration by the Conimission in detemining what,her the infomation sought to be with-held from public disclosure should be withheld.

(1) The information sought to be withheld from public di closure is owned and has been held in confidence by Westinghouse.

( (ii) The infomation is of a type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westing-house has a rational basis for detemining the types of infomation customarily held in confidence by it and, in that connection,

( utilizes a system to detemine when and whether to hole certain types of infomation in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides I the rational basis required.

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Under that sy. stem, infomation 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 infomation 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, relar.ive to a process (or component, structure, tool, method, etc.), the application of.which data secures a competitive economic advan-tage, e.g., by optimization or improved marketability.

O (c)

Its use by a competitor would reduce his expenditure of resour-

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ces or improve his competitive position in the design, manufac-ture, shipment, installation,' assurance of quality, or licensing a similar product.

(d) It reveals cost or price infomation, production capacities, budget levels, or connercial strategies of. Westinghouse, its customers or suppliers. ,

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

' custo'mer funded development plans and programs of potential .

commercial value to Westinghouse.

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

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( (g) It is not the property of Westingilouse, but must be treated as proprietary by Westinghouse according to agreements with the owner. .

There are. soun.d policy reasons behind the Westinghouse system which include the following:

(a) The use of infomation by Westinghouse gives Westinghouse a competit'ive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.

(b) It is infomation which is marketable in many ways. The extent to which such infomation is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the infomation.

(c ) Vse by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at our expense.

t (d) Each component of proprietary infomation pertinent to a parti-cular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components

( of ' proprietary infomation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse of a competi-tive advantage. -

(e) Unrestricted disclosure would jeopardize the position of promi-nence of Westinghouse in the world market, and thereby give a I

l market advantage to the competition in those countries.

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'.'- AW-83-9 , j r- . 1 (f) The West,inghouse capacity to invest corporate assets in research and development dehends upon the success in obtaining and main-

- - taining a competitive advantage. -

(iii) The infomation 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 infomation sought to be protected is not available in public sources to the best of our knowledge and belief.

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(v) The proprietary infomation sought to be withheld in this submittal is that which is appropriately marked in the Design Basis, Functional Requirements, and Appendices of the Verif.ication and Validation Process documents for the Safety Parameter Display System. The proprietary infomation as submitted is expected to be applicable in

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licens'e and appifcant submittals in response to certain NRC require- .

ments for justification of upgrades of Emergency. Response 'Capabili-ties. ',

• The subject infomation could only~ be duplicated !by competitors if ~

l they were to invest time and effort equivalent to that invested by Westinghouse provided they have the requisite talent and experie.nce.

( Public disclosure of this infomation is likely te cause substantial ham to the competitive position of Westinghouse Ibecause it would

! - simplify design and evaluation tasks without requiiring a consnensurate .

l investment of time and effort.

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l Further the deponent sayeth not.

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DIN-88-647 Westinghouse Power Systems sucrear recnnoicgy systems onnse Electric Corporation Bcx 355 Pittsbugh Pennsytvania 15230 0355 NS-OPI.S-OPIf-I-88-226 June 24, 1988 File: EG 53100 DIDO P.O. : D-060658 Mr. K. D. Grada, Manager Nuclear Safety Duquesne Light Ocznpany Beaver Valley Power Station P. O. Box 4 Shippingport, PA 15077 DUQUESNE IlGfr CD4PANY BEAVER VALIEY IWER STATION UNIT NO.1 NRC REQUEST FOR INEDIEATION ON 'IHE SAFEIY PARAMETER DISPIAY SYSTD4 (SPDS)

Dear Mr. Grada:

'Ihis letter transmits (10) copies each of proprietary (WCAP-10170 Supplement 7 ) and non-proprietary (irAP-10170 Supplement 7-NP) versions of the report entitled "Westinghouse Safety Parameter Display System Design and V&V Process for the Beaver Valley Unit 1 Nuclear Station " for your subnittal to the NRC for review and approval.

In addition to the proprietary and non-proprietary WCAPs, there are two other enclosures for your use:

1. Infortation which should be inclixied in your NRC transmittal letter.

2. Westinghouse letter "Application for Withholding Proprietary Information frcan Public Disclosure" (CAW-88-059) with Affidavit CAW-83-009.

Please transmit the original of item (2) to the imC in your transmittal.

If you have any questions, please do not hesitate to contact the undersigned.

Very truly yours, WESTINGHOUSE EIECIRIC CORPORATION J. N. Stelnmetz, Proj Manager Operating Plant Projects Y. A. Jen Attachments

ATTACHMENT TO DLW-88-647 Lecter for Transmittal to the NRC Enclosed are:

1. (10) copies of WCAP-10170 Supp. 7 entitled, "Westinghouse Safety Parameter Display System Design and V&V Tbr the Beaver Valley Unit 1 Nuclear Station

( Proprietary) .

-2. (10) copies of WCAP-10170 Supp. 7-NP entitled, "Westinghouse Safety e

Parameter Display System Design and V&V for the Beaver Valley Unit 1 Nuclear Station (Non-Proprietary).

Also enclosed is a Westinghouse Application For Withholding, CAW-88-059, Accompanying Affidavit, and Proprietary Infbrmation Notice.

THE FOLLOWING PARAGRAPHS SHOULD BE INCLUDED IN YOUR LETTER TO THE NRC:

As this submittal contains information proprietary to Westinghouse Electric Corporation, it is supported by an affidavit signed by Westinghouse, the owner of the infbrmation. 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 10CFR Section 2.790 of the Canmission's regulations. Correspondence with respect to the proprietary aspects of the Application for Withholding or the supporting Westinghouse affidavit should reference CAW-88-059 and should be addressed to R.

A. Wiesemann, Manager Regulatory and Legislative Affairs, Westinghouse Electric Corporation, P. O. Box 355, Pittsburgh, Pennsylvania 15230.

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DIN-88-647 NS-OPIB-OPIr-I-88-226 Page 2 l

oc: N. R. Tonet, IL J. D. Sieber, 1L J. O. Crockett, IL W. S. Iaoey, IL R. J. Druga IL TK.'3DEGradad,itTl.10Ai?

J. V. Vassello, IL T. P. Noonan, IL J. E. Matsko, IL J. Proven, IL V. Palmiero, IL A. B. Bennett, IL NERU Records, 3L, 3A l

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