ML20151U277

Application for Withholding Proprietary Info from Rept, Qualification of ATWS Mitigating Sys Actuation Circuitry in Amco Cabinet & Wall Mounted Hoffman Relay Enclosure (Combined Testing & Analysis)

ML20151U277
Person / Time
Site:	Farley
Issue date:	06/16/1988
From:	Wiesemann R WESTINGHOUSE ELECTRIC COMPANY, DIV OF CBS CORP.
To:	Office of Nuclear Reactor Regulation
Shared Package
ML19292J268	List: ML20151U269 ML20151U277 ML20151U298
References
CAW-88-060, CAW-88-60, NUDOCS 8808190017
Download: ML20151U277 (9)

Text

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O Westinghouse Power Systems Nuclear Technology sys m s o m Electric Corporation Box 355 Pittsburgh Pennsyfvania 15230 0355 June 16, 1988 CAW-88-060 Dr. Thomas Murley, Director Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Washington, D.C. 20555 APPLICATION FOR WITHHCLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Subject:

Transmittal of WCAPs entitled, "Qualification of ATWS Mitigating System Actuation Circuitry in AMCO Cabinet and Wall Mot. .ted HofDran Relay Enclosure (Combined Testing & knalysis)".

Dear Dr. Murley:

he proprietary material for which withholding is being requested in the enclosed lettcr by Alabama Power Ccmpany is further identified in an effidavit signed by the owner of the proprietary information, Westinghouse Electric Corpocation. 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.

We proprietary material for which withholding is being requested is bf the same technical type as that proprietary material previously submitted with Application for Withholding AW-80-027.

Accordingly, this letter authorizes the utilization of the accompanying affidavit

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by Alabama Power Company.

Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghouse affidavit should reference this letter, CAW-88-060, and should be addressed to the undersigned.

Ve m truly yours,

/

Rober . Wiesemann, lanager Regulatory & Legislative Affairs - __.

cc: E. C. Shemaker, Esq.

Office of the General Counsel, NRC 8808190017 PDR 880812 ADOCK'05000348 P PDC _

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

IN ORDER TO CONFORM TO THE REQUIREENTS OF 10CFR2.790 0F THE COMMISSION'S RE"JLATIONS 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 SRACKETS RENAIN, THE INFORMATION THAT WAS CONTAINED WITHIN THE BRACKETS IN THE PROPRIETAftY VERSIONS HAVING BEEN DELETED. THE JUSTIFICATION FOR CLAIMING THE INFORMATION SO EESIGNATED 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 ITNTIFIED IN SECTIONS (4)(ii)(a) THROUGH (4)(ii)(g) 0F THE AFFIDAVIT ACCOMPANYING THIS TRANSMlTTAL PURSUANT TO 10CFR2.790(b)(1) .

I AW-80-27 AFFIDAVIT C0fNONWEALTH OF PENNSYLVANIA:

ss 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 ("Westinghou-a") and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:

4./Ab Robert A. W1es'emann, Manager Regulatory and Legislative Affairs l

Sworn to and subscribed before this / [ day of _ 1980.

e l [NotaryPublic ,

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. . 3 AW-80-27 (1) I am Manager, Regulatory and Legislative Affairs, in the Nuclear Technology Division, of Westinghouse Electric Corporation and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from public dis-closure in connection with nuclear power plant licensing or rule-making proceedings, and am authorized to apply for its withholdir.g on behalf of the Westinghouse Water Reactor Divisions.

(2) I am making this Affidavit in conformance with the provisions 0:

10CFR Section 2.790 of the Comission's regulations and in '..on-junction with the Westinghouse application for withholding ac-companying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized by Westinghouse Nuclear Energy Systems in designating information as a trade secret, privileged or as confidential comerical or financial information.

(4) Pursuant to the previsions of paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the in-formation sought to be withheld from public disclosure should be withheld.

(i) The information sought to be w'thheld from public disclosure is owned and has been held in confidence by Westinghouse.

s AW-80-27 (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 syrtem, 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 com-petitive 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 consti-tutes 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, e.tc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.

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AW-80-27 (c) Its use by a competitor would reduce his expenditure f of resources or improve nis competitive position in the I

design, manufacture, snipment, installation, assurance l of quality, or licensing a similar product.

l (d) It reveals cost or price information, production cap-acities, budget levels, or comercial strategies of Westinghouse, its customers or suppliers.

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(e) It reveals aspects of past, present, or future West-inghouse or customer funded development plans and Dro-grams of potential comercial value to Westinghouse.

(f) It contains paten +,able ideas, for which patent pro-I tection may be desirable.

1 (g) It is not the property of Westinghouse, but must be i

l treated as proprietary by Westinghouse according to agreements with the owner.

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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 com-t

- petitors . It is, therefore, withheld from disclosure to protect the Westinghouse competitive position,

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9 AW-80-27 (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 i nforma tion.

(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. U competitors acquire components of proprietary infor-mation, any one component may be the key to the entire puzzle, thereby depriving Westinghouse 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 in those countries.

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

AW-80-27 (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 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 the attach-ment to liestinghouse Letter No. NS-TMA-2257, Anderson to Miller, dated June 16, 1980 concerning the Westinghouse Equip-ment Qualification Program to address Regulatory Guides 1.89 and 1.100. The letter and attachment are being submitted to complete the information provioed in WCAP-8587, Supplement 1, which was requested by the NRC via PBS Standard Question No. 4, "Environmental Qualification of Class lE Equipment."

This infonnation enables Westinghouse to:

(a) Develop test inputs and procedures to satisfactorily verify the design of Westinghouse supplied equipment.

(b) Assist its customers to obtain licenses.

Further, the information has substantial commercial value as follows:

(a) Westinghouse can sell the use of this information to customers.

AW-80-27 (b) Westinghouse uses the information to verify the design of equipment which is sold to customers.

(c) Westinghouse can sell testing services based upon the experience gained and the test equipment and methods developed.

Public disclosure of this information is likely to cause substantial harm to the competitive position of Westing?suse because it would enhance the ability of competitors to design, manufacture, verify, and sell electrical equipment for com-mercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others having the same or similar equipment to use the information to meet NRC requirements for licensing documentation without purchasing the right to use the information.

. The development of the equipment described in part by the information is the result of many years of development by Westinghouse and the expenditure of a considerable sum of money.

This could only be duplicated by a competitor if he were to invest similar sums of money and provided he had the appropriate talent available and could somehow obtain the requisite experience.

Further the deponent sayeth not.

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