LR-N17-0044, Enclosure 7 to LR-N17-0044 and LAR H17-03 - Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure

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Enclosure 7 to LR-N17-0044 and LAR H17-03 - Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure
ML17188A262
Person / Time
Site: Hope Creek, PROJ0669  PSEG icon.png
Issue date: 03/29/2017
From: Schichlein L K, Wilmshurst N
Electric Power Research Institute, GE-Hitachi Nuclear Energy Americas
To:
Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML17188A259 List:
References
LAR H17-03, LR-N17-0044
Download: ML17188A262 (8)
v • d • e


Text

LR-N17-0044 LAR H17-03 Enclosure 7 Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure GE-Hitachi Nuclear Energy Americas LLC NEDC-33871P Revision 0 Affidavit Page 1 of 3 AFFIDAVIT I, Lisa K. Schichlein, state as follows:

(1) I am a Senior Project Manager, NPP/Serv ices Licensing, Regulator y Affairs, GE-Hitachi Nuclear Energy Americas LLC (GEH), and have been delegated the function of reviewing the information described in paragraph (2) whic h is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is contained in GEH proprietary report NEDC-33871P, "Safety Analysis Report for Hope Creek Generating Station Thermal Power Optimization," Revision 0, dated April 2017. GEH proprietary information in

NEDC-33871P is identified by a dotted underline inside double square brackets. [[

This sentence is an example.

{3}]]. GEH proprietary information in figures and large objects is identified by double square brackets before and after the object. In each case, the superscript notation

{3} refers to Paragraph (3) of this a ffidavit, which provides the basis for the proprietary determination.

(3) In making this application for withholding of proprietary informati on of which it is the owner or licensee, GEH relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. §552(b)(4), and the Trade Secrets Act , 18 U.S.C.

§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 qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exempti on 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulat ory Commission, 975 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v.

FDA, 704 F.2d 1280 (D.C. Cir. 1983).

(4) The information sought to be withheld is c onsidered to be proprieta ry for the reasons set forth in paragraphs (4)a and (4)b. Some examples of categories of information that 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 GEH's competitors without a license from GEH constitutes a competitive economic advantage over other companies; b. Information that, if used by a competitor, would reduce its expenditure of resources or improve its competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; c. Information that reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential pr oducts to GEH; GE-Hitachi Nuclear Energy Americas LLC NEDC-33871P Revision 0 Affidavit Page 2 of 3
d. Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.

(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 GEH, 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 GEH, not been disclosed publicly, and not been made available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions for proprietary or confidentiality agreements or both that provide for maintaining the information in confidence. The initial designation of this information as proprietary information, and the subsequent steps taken to prev ent its unauthorized disclosure, are as set forth in the following paragraphs (6) and (7).

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms unde r which it was licensed to GEH.

(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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH 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 and/or confidentiality agreements.

(8) The information identified in paragraph (2) is classified as proprietary because it contains detailed GEH methodology for thermal power optimization for GEH Boiling Water Reactors (BWRs). Development of these methods, techniques, and information and their application for the design, modification, and analyses methodologies and processes was achieved at a significant cost to GEH.

The development of the evaluation processes along with the interpretation and application of the analytical results is derived from th e extensive experience and information databases that constitute major GEH assets.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and fore close or reduce the availability of profit-making opportunities. The information is part of GEH's comprehensive BWR safety and

technology base, and its commercial value extends beyond the original development cost.

The value of the technology base goes be yond the extensive physical database and

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