BECO-LTR-95-056, Informs That Info Requested in NRC Re Plant Core Shroud Mod,Provided by GE on Util Behalf on 950331. Affidavits for Withholding Subj Info from Public Disclosure Per 10CFR2.790 Encl

Informs That Info Requested in NRC Re Plant Core Shroud Mod,Provided by GE on Util Behalf on 950331. Affidavits for Withholding Subj Info from Public Disclosure Per 10CFR2.790 Encl

ML20082U790
Person / Time
Site:	Pilgrim
Issue date:	04/27/1995
From:	Boulette E BOSTON EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
BECO-LTR-95-056, BECO-LTR-95-56, NUDOCS 9505050336
Download: ML20082U790 (10)

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=u E. T. Boulette, PhD - .

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! Senior Vice President-Nuclear A ril 27 1995  :

BECo Ltr.M95- 056 - -i U.S. Nuclear Regulatory Commission -j

Attention: Document Control Desk  !

Washington, DC 20555 Docket No. 50-293  ;

License No. DPR-35 ,

Response to Request for Additional information  !

Renardina the Pilarim Core Shroud Modification

References:

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1) NRC Letter Dated April 17,1995, Ronald B. Eaton to E. Thomas Boulette,

Subject:

Request for Additional Information (RAI) - Regarding the Pilgrim Core . Shroud j Modification (TAC NO. M91305)

. 2) GE Letter # Pilgrim 71; Dated March 31, 1995, John W. Lukas to Dave Heard,

Subject:

Transmittal of Backup Calculation Files to Support Shroud Repair and Stress Report-

3) GE Letter # Pilgrim 72; Dated March 31, 1995, John W. Lukas to Dave ~ Heard,

Subject:

GENE /BECo Responses to'the NRC Request for Additional information Regarding The Pilgrim Shroud Repair Project j U

The information requested in your letter of April 17,1995 was provided to the NRC by GENE on our ,

behalf on March 31,1995. The information was provided in response to an NRC information request i faxed to Pilgrim on March 30,1995.

. The supplied information consisted of approximately 1000 pages of computer printouts and supporting  :

analysis as indicated below:

1) COSMOS computer code run input and output for the vertical stiffness for cracked H2/H3  :

welds, file No. PGSHRD1.GFM and PGSHRD1.OUT, which was used for the Pilgrim  ;

~ Supplement A Shroud Repair Stress Report Backup Calculation, GENE-771-79-1194, Rev. 2.,  ;

and j

2) COSMOS stress intensity and displacement plots and backup calculation filea from the shroud l repair DRF B11-00617 which support the Shroud Repair Hardware Stress Analysis - GENE 771-79-1194 Rev. 2 and the Shroud Repair Hardware Stress Analysis - GENE 771-79-1194 Supplement A to Rev. 2.

k" 9505050336 950427 PDR ADOCK 05000293 I i P PDR _

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This letter documents the prior transmittals. l I

L ' Based on our conversations with the staff we understand that a second transmittal of the information L is not required at this time. As indicated in the GE transmittals, the information is considered l proprietary. Copies of the associated affidavits are attached. They identify that the designated '

information has been handled and classified as proprietary to GE-NE. We hereby request that the l

. designated information be withheld from public disclosure in accordance with the provisions of 10 l

, CFR 2.790. If additional information is required, please call Mr. David Heard at 508 830-8800 or Mr. :

Robert Haladyna at 508 830-7904.  !

E. T. Boulette, PhD RAH / Rap 05/RA14-17 Attachments cc: Mr. R. Eaton, Project Manager  :

Division of Reactor Projects - 1/11 i Mail Stop: 14D1 U. S. Nuclear Regulatory Commission 1 White Flint North 11555 Rockville Pike -

Rockville, MD 20852 ,

U.S. Nuclear Regulatory Commission Region 1 475 Allendale Road King of Prussia, PA 19406 Senior Resident inspector Pilgrim Nuclear Power Station t l.

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.t General Electric Company AFFIDAVIT I, George B. Stramback, F w duly sworn, depose and state as follows:

(1) I am Project Manager, Licensing Services, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph ,

(2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in the GE proprietary attachments to GE L'etter # Pilgrim 71 John W. Lukas to Dave Heard, TransmittalofCalculation Files To Support Shroud Repair Stress Report, (GE Company Ptoprietary Information), dated March 31,1995. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.

(3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and

_ 2.790(d)(1) for " trade secrets and commercial or financial. information obtained from.

a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all " confidential commercial information",

and some portions also qualify under the narrower definition of" trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enerny Proiect v. Nuclear Reculatow Commission.

975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA.

704F2dl280 (DC Cir.1983). .

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; i

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, slupment, mstallation, assurance of quality, or hcensmg of a similar product;

' l l

GBS 95 5-afPilDRI doc AtYidavit Page I l

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c. Information which reveals cost or price information, production capacities, .

budget levels, or commercial strategies of General Electric, its customers, or its f suppliers;

d. Infonnation which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric;

e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, and is in fact so held.

The infonnation sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in (

\

paragraphs (6) and (7) following.

'(6) Initial approval of proprietary treatment of a document is made bythe manager of the" originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains the supporting Design Record File (DRF) detailed calculations, results and bases for conclusions contained in reports GENE-771-79-1194, ShroudMechanical Repair Program Pilgrim Nuclear Power Plant Shroud Repair Hardware Stress Analysis, Revision 2, (General Electric Company Proprietary Information), dated January 1995 and GENE-771-79-1194, ShroudMechanicalRepair Program Pilgrim

. GBS-95-5-afPilDR1 doc Affidavi: Page 2 l

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• i

,3 Nuclear Power Plant Shroud Repair Hardware Stress Analysis, Supplement A to j Revision 2, (General Electric Company Proprietary Information), dated March 1995. l These reports, previously provided to the NRC, and the supporting information identified in paragraph (2) evaluate a hardware design modification (stabilizer for the shroud horizontal welds) intended to be installed in a reactor to resolve the reactor pressure vessel core shroud weld cracking concern. This detailed level ofinformation usually resides in GENE files, only for audit by customers and the NRC. This information shows in specific detail the processes, codes and methods employed to perform the evaluations summarized in the above identified document. The development and approval of this design modification utilized systems, components, and models and computer codes that were developed at a significant cost to GE, on the order of several hundred thousand dollars.

The development of the supporting processes, as shown in part in this DRF detailed information, was at a significant additional cost to GE, in excess of a million dollars, over and above the large cost of developing the underlying individual proprietary.

report information.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the_ , ,

technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.

The precisp value of the expertise to devise an evaluation process and apply the correct analytical methodology is diflicult to quantify, but it clearly is substantial.

GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were disclosed l to the public. Making such information available to competitors without their having i I

been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

l

- GBS-95-5 afPilDR1 doc Affidavit Page 3 )

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(

STATE OF CALIFORNIA }

) ss:

COUNTY OF SANTA CLARA )

George B. Stramback, being duly swom,' deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 3 // day of M 1995.

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Ge(rge B. ftr"amback General Electric Company

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Subscribed and sworn before me this 31w day of 1995.

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JUUE A. CURIS 7 COMM. # 974657 {

{y Notory Pubhc - Confornia ,>

SANTA CLARA COUNTY y j My Comm. Expres SEP 30.1996 g l

- GBS-95-5-afPilDR1 doc Aflidavit Page 4 i

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General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:

(1) I am Project Manager, Licensing Services, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in the GE proprietary attachments to GE I 'etter # Pilgrim 72 John W. Lukas to Dave Heard, GENE /BECo Responses to the NRC Requestfor AdditionalInformation Regarding the Pilgrim Shroud Repair Project, (GE Proprietary Information), dated March 31, 1995 and. attachments Pilgrim Vertical Stiffness H2/H3 cracked COSMOS Input / Output File for Case Requested by the NRC, Files PGSHRDI.GFM and PGSHRDI.OUT. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.

(3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set.forth.in the Freedom of_ , , .

Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The inaterial for which exemption from disclosure is here sought is all " confidential commercial information",

and some portions also qualify under the narrower definition of " trade secret", within

. the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enercy Project v. Nuclear Regulatory Commission.

975F2d871 (DC Cir.1992), and Public Citizen Health Research Groun v. FDA.

704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; GBS-95-5-afPilDR2 doc Affidavit Page I

~ '

b. Information which, if used by a competitor, would reduce his expenditure of resources or improse his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;

c. Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;

d. Infonnation which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric;

e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be withheld is being submitted to NRC in confid'ence. The information is of a sort customarily held in confidence by GE, and is in fact so held.

The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third panies including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of

^

'the information in confidence. Its initial designation as proprietary information~and~

the subsequent steps taken to prevent its unauthorized disclosure, are as set fonh in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains the supporting Design Record File (DRF) detailed calculations, results and

• GBS-95-5-afPilDR2 doc Affidavit Page 2

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bases for conclusions contained in reports GENE-771-79-1194, ShroudMechanical Repair Program Pilgrim Nuclear Power Plant Shroud Repair Hardware Stress Analysis, Supplement A to Revision 2, (General Electric Company Proprietary Information), dated March 1995. These reports, previously provided to the NRC, and the supponing information identified in paragraph (2) evaluate a hardware design modification (stabilizer for the shroud horizontal welds) intended to be installed in a reactor to resolve the reactor pressure vessel core shroud weld cracking concern.

This detailed level of information usually resides in GENE files, only for audit by_.

customers and the NRC. This information shows in specific detail the processes,T codes and methods employed to perform the evaluations summarized in the above identified document. The development and approval of this design modification utilized systems, components, and models and computer codes that were developed at a significant cost to GE, on the order of several hundred thousand dollars.

The development of the supporting processes, as shown in part in this DRF detailed information, was at a significant additional cost to GE, in excess of a million dollars,.

over and above the large cost of developing the uiderlying individual proprietary report information. . .

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the ^

expertise to determine and apply th'e appropriate evaluation process. In' addition,"tlie ~ "

technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.-

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is d:flicult to quantify, but it clearly is substantial.

GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its Affidavit Page 3

• GBS-95 5-afPilDR2 doc

., . T . ,

competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

STATE OF CALIFORNIA )

) ss:

~

COUNTY OF SANTA CLARA )

George B. Stramback, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 3 Id day of M 1995.

P b. 4:, , b

Gdrge B. Atramback General Electric Company Subscribed and sworn before me this 3l> r day of 1995.

.hf M ofry'Public, State of Cali 1

, JUUE A.CUras E COMM. # 974657 g i Notcry Public - Collfornia 9 y SANTA CLARA COUNTY y'"

j My Comm. Expires SEP 30.1996 )

GBS-95-5-afPilDR2. doc Affidavit Page 4