JPN-93-033, Forwards Proprietary Rept NEDC-31697P-2,Rev 2, Updated SRV Performance Requirements for Ja Fitzpatrick Nuclear Power Plant. Rept Withheld Per 10CFR2.790
| ML20058L776 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 05/05/1993 |
| From: | Ralph Beedle POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19311A993 | List: |
| References | |
| JPN-93-033, JPN-93-33, NUDOCS 9305120075 | |
| Download: ML20058L776 (7) | |
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JPN-93-033 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Mail Station P1-137 Washington, DC 20555 l
SUB. JECT:
James A. Fitzpatrick Nuclear Power Plant I
Docket No. 50-333 Proposed Change to the Technical Specifications Regarding Updated SRV Performance Requirements and Miscellaneous Changes (JPTS-89-017)
REFERENCES:
1.
NYPA letter, J. C. Brons to NRC dated December 20, 1984 (JPN-89-084) Proposed Change to the Technical Specifications Regarding Updated SRV Performance Requirements and Miscellaneous Changes (JPTS 017).
2.
NYPA letter, J. C. Brons to NRC dated January 16,1990 (JPN-90-010) regarding proprietary material supporting l
the change to the Technical Specifications regarding updated SRV performance.
3.
NRC letter, B. C. McCabe to R. C. Mitchell (GE) dated l
February 23,1993 regarding a request for withholding information from public disclosure.
Dear Sir.
The Authority submitted a proposed amendment to the James A. FitzPatrick Technical Specifications proposing new Safety / Relief Valve (SRV) performance limits to take credit for the currently installed SRV capacity (Reference 1). A detailed analysis was performed by the General Electric Company and summarized in a proprietary report entitled, " Updated SRV Performance Requirements for the James A. FitzPatrick Nuclear Power Plant," NEDC-31697P, (Reference 2). The NRC reviewed the reports along with the associated affidavit and was unable to conclude that the report contains proprietary information.
General Electric has revised its report and the associated affidavit to conform to 10 L
CFR 2.790. Two copies of the revised report to support our proposed Technical 100061 I g i
9305120075 930505 PDR ADOCK 05000333 l
Specification change are enclosed (Attachment 1). An affidavit for this revised report is also enclosed (Attachment 2). These reports supersede and replace the reports included with Reference 2. Please retum all copies of NEDC-31697P, Revision 1 held by the NRC to the Authority.
l The changes in Revision 2 are limited to identifying the information in the report that is considered proprietary by General Electric. The technical information included in Revision 2 is the same as included in Revision 1. Information marked with vertical lines in the margins of these reports is of the type which General Electric maintains in confidence and withholds from public disclosure. It has been handled and classified as proprietary by General Electric as indicated in the enclosed affidavit. The Authority requests that be this report be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
l If you have any questions, please contact Mr. J. A. Gray, Jr.
l l
Very truly yours, Ralph E. Beedle l
cc:
Regional Administrator U.S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Office of the Resident inspector U.S. Nuclear Regulatory Commission P.O. Box 136 Lycoming, NY 13093 Mr. Brian C. McCabe Project Directorate I-1 Division of Reactor Projects -l/II U.S. Nuclear Regulatory Commission Mail Stop 14 B2 Washington, DC 20555 Attachments: next page
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Attachments: 1.
General Electric Report," Updated SRV Performance Requirements for the James A. FitzPatrick Nuclear Power Plant," NEDC-3167P-2, 6
Revision 2. DRF B21-00390 Sup!. 2, Class ill, March 1993.
2.
Affidavit by Robert C. Mitchell, General Electric Project Manager, Safety and Communications regarding GE proprietary report NEDC-31697P-2, Rev. 2, signed March 18,1993.
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GENERAL ELECTRIC COMPANY AFFIDAVIT i
I, ROBERT C. MITCHELL, being duly sworn, depose and state as follows-f (1)
I am Project Manager, Safety and Communications, 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 l
authorized to apply for its withholding.
(2)
The information sought to be withheld is contained in the GE proprietary report NEDC-31697P-2, Rev.
2,
" Updated SRV Performance Requirements For The James A. FitzPatrick Nuclear Power Plant", Class III, dated March 1993.
This information is delineated by bars F.arked in the margin adjacent to the specific material.
j (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 r.ccrets 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 Enercy Proiect v. Nuclear Reculatory Commission. 975F2d871 (DC Cir. 1992), and Public
-i Citizen Health Research Group v.
FDA, 704F2d1280 (DC Cir.
1983).
i (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 of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;
l j
. b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve 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, i
production capacities, budget levels, or commercial J
strategies of General Electric, its customers, or its suppliers; l
d.
Information which reveals aspects of past, present, l
or future General Electric customer-funded development plans'and programs, of potential l
commercial value to General Electric; j
e.
Information which discloses patentable subject matter j
for which it may be desirable to obtain patent j
protection.
The information sought to be withheld is considered to be' l
proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.
j l
(5)
The information sought to be withheld is being submitted to 1
I NRC in confidence.
The information is of a sort i
customarily held in confidence by GE, and is in fact so l
l held.
Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized i
. disclosure, are as set forth in (6) and (7) following.
The information sought to be withheld han, 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 i
maintenance of the information in confidence.
L (6)
Initial approval of proprietary treatment of a document is i
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 indurtry knowledge.
Access to such documents within GE is limited on a "need'to know" basis.
i (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 i
I
~
l 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) is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of the functional capability of the Safety / Relief Valves ("SRVs")
installed in a GE Boiling Water Reactor ("BWR"), in transient and accident conditions.
The development and approval of the transient, accident and heat transfer computer codes used in this analysis was achieved at a significant cost, on the order of several i
million dollars, to GE.
j The development of the evaluation process along with the interpretation and application of the of the analytical j
results is derived from the extensive experience database that constitutes a major GE asset.
(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 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 i
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 j
difficult to quantify, but it clearly is substantial.
I GE's competitive advantage will be lost if its competitors l
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.
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The value of this information to GE would be lost if the l-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 7
competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
STATE OF CALIFORNIA
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SS:
COUNTY OF SANTA CLARA
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Robert C. Mitchell, being duly sworn, deposes and says:
1 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.
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Executed at San Jose, California, this io' day of M AecM, 19 13 Robert C.
Mitchell General Electric Company ISD ay of d6Rb,19b Subscribed and sworn before me this d
C O r~. Y xbtzs5Lg, OFFICIAL SEAL I
l PAULA F. HUSSEY rJCi! f f f-c - CAUFCRN:A SANTA CLARA COUNTY My comm. expires APR 5,1994 f 3/16/93