LR-N04-0432, Backup Stability Protection Evaluation Report
| ML043010561 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 10/19/2004 |
| From: | Perino C Public Service Enterprise Group |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| LR-N04-0432. | |
| Download: ML043010561 (6) | |
Text
PSEG Nuclear LLC P.O. Box 236, Hancocks Bridge, New Jersey 08038-0236
@ PSEG OCT 1 9 2004 ANuclearLLC LR-N04-0432 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555 BACKUP STABILITY PROTECTION EVALUATION REPORT HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 On June 2, 2004, PSEG Nuclear LLC (PSEG) met with the NRC staff to provide an overview of activities being performed in support of the planned transition to GE14 fuel.
At the meeting, PSEG described a series of reports that would be provided to document the results of evaluations to address the cycle independent and cycle dependent requirements for introducing GE14 into the Hope Creek reactor.
In Attachment 1 to this letter, PSEG is providing for the NRC staff's information GENE-0000-0029-6193-01-RO, "ELLLA Backup Stability Protection Evaluation for Hope Creek Cycle 13." This report describes the evaluation performed to establish Backup Stability Protection (BSP) regions to be used for stability monitoring in the event the Oscillation Power Range Monitor (OPRM) system becomes inoperable. contains information which the General Electric Company (GE) considers proprietary. GE requests that the proprietary information in Attachment 1 be withheld from public disclosure in accordance with 10 CFR 2.390. An affidavit in support of this request is included with Attachment 1. A non-proprietary version suitable for public disclosure is provided in Attachment 2.
Should you have any questions regarding this transmittal, please contact Mr. Paul Duke at 856-339-1466.
Sincerely, Christina L. Perino Director - Licensing and Nuclear Safety Attachments (2)
This letter forwards proprietary information in accordance with 10CFR 2.390. The balance of this letter may be considered non-proprietary upon removal of Attachment 1.
95-2168 REV. 7/99
Document Control Desk LR-N04-0432 OCT 1 9 2004 C
Mr. S. Collins, Administrator - Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. D. Collins, Project Manager - Hope Creek U. S. Nuclear Regulatory Commission Mail Stop 08C2 Washington, DC 20555 USNRC Senior Resident Inspector - Hope Creek (X24) -,
Mr. K. Tosch, Manager IV (without Attachment 1)
Bureau of Nuclear Engineering PO Box 415 Trenton, NJ 08625 This letter forwards proprietary information in accordance with 10CFR 2.390. The balance of this letter may be considered non-proprietary upon removal of Attachment 1.
Document Control Desk Attachment I LR-N04-0432 GENE-0000-0029-6193-01-RO (proprietary)
General Electric Company AFFIDAVIT I, George B. Stramback, state as follows:
(1) I am Manager, Regulatory 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 report GENE-0000-0029-6193-01-RO, ELLLA Backup Stability Protection Evaluation for Hope Creek Cycle 13, Class III (GE Proprietary Information), dated September 2004. The proprietary information is delineated by a double underline inside double square brackets.
Figures and large equation objects are identified with double square brackets before and after the object. In each case, the superscript notation3 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
(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), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought 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 Energy Project v. Nuclear Regulatorv 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 of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;
- 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 aspects of past, present, or future General Electric customer-funded development plans and programs, resulting in potential products to General Electric; GBS-04-1 I-af Hope Creek BSP Cy 13 Rpt 29-6193-01-RO.doc Affidavit Page I
- d.
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 paragraphs (4)a., and (4)b, above.
(5) To address 10 CFR 2.390 (b) (4), 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 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 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 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 detailed results of analytical models, methods and processes, including computer codes, which GE has developed, and applied to perform stability evaluations for the BWR. The development of this capability for the BWR was achieved at a significant cost, approximately one hundred thousand dollars, to GE.
The development of the evaluation process along with the interpretation and application of the analytical 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 safety and technology base, and its commercial value extends GBS-04-1 I-af Hope Creek BSP Cy 13 Rpt 29-6193-01-RO.doc Affidavit Page 2
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 precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
GE's competitive advantage will be lost if its 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 competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.
Executed on this =4day of 2004.
Gedrge B. §tramback General Electric Company GBS-04-1 I-af Hope Creek BSP Cy 13 Rpt 29-6193-01-RO.doc Affidavit Page 3