ML020910208
| ML020910208 | |
| Person / Time | |
|---|---|
| Site: | Clinton, PROJ0712  |
| Issue date: | 03/25/2002 |
| From: | Watford G Global Nuclear Fuel - Americas |
| To: | Joseph Donoghue Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 0000-0003-3179, FLN-2002-006 | |
| Download: ML020910208 (5) | |
Text
GNr Global Nuclear Fuel Glen A. Watford Manager, Fuel Engineering Services Global Nuclear Fuel - Americas, LLC Castle Hayne Road, Wilmington, NC 28401 (910) 675-5446. Fax (910) 362-5446 Glen.Watford@gnf.com March 25, 2002 FLN-2002-006 0000-0003-3179 Document Control Desk US Nuclear Regulatory Commission Washington, DC 20555 Attention: Joseph Donoghue
Subject:
ODYN Option A and B Statistical Adders GE14 fuel for Clinton Power Station (PANACI O1PANACl 1) - Project No. 712
Reference:
- 1. Letter, J. S. Chamley (GE) to H. N. Berkow (NRC), "Supplementary Information Regarding Amendment 11 to GE Licensing Topical Report NEDE-2401 1-P-A,"
January 16, 1986.
- 2. Letter, G. C. Lainas (NRC) to J. S. Chamley (GE), "Acceptance for Referencing of Licensing Topical Report NEDE-2401 1-P-A, 'GE Generic Licensing Report', Supplement to Amendment 11," March 22, 1986.
This letter transmits, for your information, plant specific statistical adders to be applied to the Clinton Power Station BWR/6 plant using GE14 fuel designs and PANAC10 nuclear methods.
Reference 1 describes the process for application of the GEMINI/ODYN set of models to transient analysis. NRC approval of this procedure is given in Reference 2. Reference 1 included the derivation of the adjustment factors and specified that new adjustment factors could be determined for plant specific evaluations and would be sent to the NRC for information. The NRC agreed with this approach in Reference 2.
Please note that some of the information contained in the attachment is of the type which GE maintains in confidence and withholds from public disclosure. This information has been handled and classified as proprietary to GE as indicated in the attached affidavit. We hereby request that this information be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
FLN-2002-006 0000-0003-3179 Page 2 March 25, 2002 Ifyou have any questions, please call me at 910-675-5446.
Sincerely, Glen A. Watford, Manager Fuel Engineering Services (910) 675-5446, Mail Code A13 cc: R. Caruso (NRC)
J. Andersen (GNF)
R. Jacobs (GE)
Global Nuclear Fuel A Joint Venture of GE, Toshiba, & Hitachi Affidavit I, Glen A. Watford, being duly sworn, depose and state as follows:
(1) I am Manager, Fuel Engineering Services, Global Nuclear Fuel - Americas, L.L.C. ("GNF-A")
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 letter, "ODYN Option A and B Statistical Adders GE14 Fuel for Clinton Power Station (PANAC0O/PANAC 11) - Project No, 712," FLN-2002-006, March 25, 2002 (0000-0003-3179).
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A 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 2.790(a)(4) 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 Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group 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 of its use by GNF-A's competitors without license from GNF-A 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 cost or price information, production capacities, budget levels, or commercial strategies of GNF-A, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, of potential commercial value to GNF-A;
- 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 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 GNF-A, and is in fact so held. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in (6) and (7) following. The information sought to be withheld has, to the best of Page 1
Affidavit my knowledge and belief, consistently been held in confidence by GNF-A, 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.
(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, or subject to the terms under which it was licensed to GNF-A. Access to such documents within GNF-A 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 GNF-A 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 details of GNF-A's fuel design and licensing methodology.
The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost, on the order of several million dollars, to GNF-A or its licensor.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and licensing methodology is part of GNF-A'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 GNF-A or its licensor.
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.
GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A 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 GNF-A 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 GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
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Affidavit State of North Carolina )
County of New Hanover ) SS:
Glen A. Watford, 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 Wilmington, North Carolina, this day of fAard-_ ,20 0 2_.
/len A.Wt d Global N ear Fuel - Americas, LLC Subscribed and sworn before me this .2? day of , ,20 C) 2 Notary Public, State of North Carolina JAMES E. McGINNESS Notary Public, State of North Carolina My Commission Expires New Hanover County, My Uommision Lxpires i/.Y--S[. (
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