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[ Westinghouse Energy Systems Box 355,.

' Electric Corporation Pittsburgh Pennsylvania 15230 0355

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January 10, 1990 'l,

CAW-89-110 ,

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Dr. Thomas.Murley, DirectorOffice ~ of Nuclear Reactor RegulationU.S. Nuclear Regulatory CommissionWashington, D.C. 20555 y

1;: APPLICATION FOR WITHHOLDING PROPRIETARYB INFORMATION FROM PUBLIC DISCLOSURE | 1

a$ Subject: Median _ Signal Selector for Foxboro Series Process Instrumentation

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J (WCAPs 12417 and 12418),

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Dear- Dr. Murleyi

.The proprietary information for which' withholding is being requested in the-<,

: enclosed letter by Tennessee Valley Authority is further identified in '

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L - Affidavit CAW-89-051 signed by the owner of the proprietary information,L Westinghouse Electric _ Corporation. The affidavit, which accompanies this -

L letter, sets forth the basis on which the information may be withheld fromH 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.-u

'Accordingly, this-letter authorizes the utilization.of the accompanying |,-'

affidavit by . Tennessee Valley Authority.-

4-Correspondence with respect,to:the proprietary aspects of the application forwithholding'or the: Westinghouse affidavit should reference this letter,CAW-89-110, . and should be addressed to' the undersigned. -

Very~truly yours,'

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Robert A. Wiese'mann, Manager' > >

Regulatory & Legislative Affairs

3Ericlosures~ i

cci' Ee C'. Shomaker, Esq.-.

!' "_ Office of the General Counsel, NRC,

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AFFIDAVIT

COPMONWEALTH OF PENNSYLVANIA:,,

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~ COUNTY OF ALLEGHENY:

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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 onbehalf of Westinghouse Electric Corporation (" Westinghouse") and thattho' averments of fact set forth in this Affidavit are true and' correctto the best of his knowledge, information, and belief:

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Robert A,-Wiesemann, Manager-'

Regulatory and Legislative Affairs i

-Sworn to and subscribed ;

before:me this 28th day |-

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-of March 1989'. |,

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w su. M t. / .4c |s_.^'

' Notary;.Public.

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tiOTARIAL SEAL, LOARA24E M PIPLICA. NOTARY PUBLICMONROEV;LLE BORO, ALLIGHENYCOUNTY

' MY CCSMitS'ON EXPIRES DEC 14.1M1

J Member .Ptva$na AswAntItid490,

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-2- CAW 89-051.

(1) 1 am Manager, Regulatory and Legislative Affairs, in the Nuclearand Advanced Technology Division, of the Westinghouse Electric .

Corporation and as such, I have been specifically delegated thefunction of reviewing the proprietary information sought to bewithheld from public disclosure in connection with nuclear power >

plant licensing and rulemaking proceedings, and am authorized toapply for its withholding on behalf of the Westinghouse EnergySystems Business Unit.

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(2) I am making this Affidavit in conformance with the provisions of10CFR Section 2.790 of the Comission's regulations and inconjunction with the Westinghouse application for withholdingaccompanying this Affidavit.

(3) I have personal knowledge of the criteria and procedures utilized bythe Westinghouse Energy Systems Business Unit in designatinginformation-as a trade secret,-privileged or as confidentialcommercialsor financial information.

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-(4) -Pursuant to.the provisions of paragraph (b)(4) of Section 2.790 of:the Commission's regulations, the following is furnished forconsideration by the Commission in determining whether the

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information sought to be withheld from public disclosure should be.withheld.

(1) The information sought to be withheld from public disclosure isowned and has been held in confidence by Westinghouse.

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(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 ofinformation 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. Theapplication of that system and the substance of that' systemconstitutes 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 aprocess (or component, structuro, tool, method, etc.) whereprevention of its use by any of Westinghouse's competitorswithout license from Westinghouse constitutes a competitiveeconomic 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

g'competitive economic advantage, e.g., by-optimization or'

improved marketability..

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(c) Its use by a competitor would reduce his expanditure of I

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, productioncapacities, budget levels, or commercial strategies ofWestinghouse, its customers or suppliers.

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(e) It reveals aspects of past, present, or future Westinghouseor customer funded development p1ans and programs of

potential commercial value to Westinghouse.'

(f) It contains patentable ideas, for which patent protection-

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may be desirable.,

(g) Itisnotthepropertyof$ Westinghouse,butmustbetreatedas proprietary by Westinghouse according to agreements with

-the owner.|.

There are sound policy reasons behind the Westinghouse systemwhich include the following:

(a) The use of such information by Westinghouse gives -

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Westinghouse a competitive advantage over its competitors.It is, therefore, withheld from disclosure to protect theWestinghouse competitive position.

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)-(b) 'It is information ?:hich is marketable in many ways. The ;

extent to which such information is available to ]competitors diminishes the Westinghouse ability to sell q

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products and services involving the use of the information. |

Use by our competitor would put Westinghouse at a(c)' competitive d'isadvantage by reducing his expenditure of.'

resources at our expense.

(d) Each component of-proprietary information pertinent to aparticular competitive advantage is potentially as valuableas the total competitive advantage. If competitors acquirecomponents of proprietary information, any one componentmay be the key to the entire puzzle, thereby deprivingWestinghouse of a competitive advantage.

:(e) . Unrestricted disclosure would' jeopardize the' position of

prominence of.. Westinghouse in the world market, and therebygive a market advantage to the competition of thosecountries.

(f) The Westinghouse capacity to invest corporate assets inresearch and development depends upon the success in

obtaining and maintaining a competitive advantage.

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.(iii) -The information is being transmitted to the Commission inconfidence and, under the provisions of 10CFR Section2.790,-it is to be received in confidence by the :

Commission. ;

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'(iv) The information sought to be protected is not available inpublic sources or available information has not been f

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 thissubmittal is that which is appropriately marked in" Advanced-Digital Feedwater Control System for Pacific Gas&. Electric Company Diablo Canyon Units 1 and 2," WCAP-12221

(Proprietary), for the Diablo Canyon Power Plant Units'1and 2 being transmitted by the Pacific Gas & Electric

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Company (PG&E) letter and Application for WithholdingProprietary Information from Public Disclosure, J. D.Shiffer,- PG&E, to U.S. Nuclear Regulatory Commission, Attn:Document Control Desk, April 1989. The proprietary

;information as submitted for use by Pacific Gas & ElectricCompany for the Diablo Canyon Power Plant Units 1 and 2. is

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expected to be applicable in other licensee submittals in. response to certain NRC requirements for justification ofthe installation of a median signal selector in thefeedwater control system to improve the overall performance

-of the reactor control and protection system.

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This information is part or that which will enable -

:Westinghouse to:|

(a) Provide documentation of the licensing basis for theacceptability of eliminating the low feedwater flow ]reactor trip function by the addition of a median j

signal selector to the process control system.s ,

(b) Provide-documentation of the plant operability,

iimprovements achieved through the addition of the

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| median signal selector function to the process control

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(c) Provide documentation of utility advantages achievedthrough the addition of the median signal selectorfunction to the process control system.

|' (d) Provide documentation of the system diagnostic andfault tolerant features available when implementingthe median signal selector as part of the advanceddigital feedwater control- system, q

(e) Assist the customer to obtain NRC approval.

Further this information has substantial' commercial valueas follows:

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(a) Westinghouse plans to sell the use of siailar ,

information to its customers for purposes of,satisfying NRC requirements for licensingdocumentation.

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(b)' Westinghouse can sell support and defense of thislicensing basis and technology to its customers tosupport the licensing process.

Public disclosure of this proprietary information is likelyto cause substantial harm to the competitive position ofWestinghouse because it would enhance the ability of 4

competitors to provide similar instrumentation and controlequipment and licensing defense services for commercial j

power reactors without commensurate expenses. Also, public i

disclosure of the information would enable others to usethe information to meet NRC requirements for licensingdocumentation without purchasing the right to use theinformation, j

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The development of the technology described in part by theinformation is:the result of applying the results of manyyears of experience in an intensive Westinghouse effort'and _i

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- ,r

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[requisite talent and experience, would have to be expended

~ for developing the licensing basis.and suitable equipment ;

to perform the median signal selector function.i

Further the deponent sayeth not.$|:||

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