RS-10-001, LaSalle, Units 1 and 2, Attachment 7 - GEH Nuclear Energy Affidavit Supporting Withholding

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LaSalle, Units 1 and 2, Attachment 7 - GEH Nuclear Energy Affidavit Supporting Withholding
ML100321324
Person / Time
Site: LaSalle  Constellation icon.png
Issue date: 01/27/2010
From:
Exelon Generation Co, Exelon Nuclear
To:
Office of Nuclear Reactor Regulation
Shared Package
ML100321303 List:
References
RS-10-001
Download: ML100321324 (4)
v • d • e


Text

ATTACHMENT 7 GEH Nuclear Energy Affidavit Supporting Withholding

Affidavit for NEDC-33485P Revision 0 Affidavit Page 1 of 3 GE-Hitachi Nuclear Energy Americas LLC AFFIDAVIT I, Edward D. Schrull, state as follows: (1) I am Vice President, Regulatory Affairs, Services Licensing, GE-Hitachi Nuclear Energy Americas LLC ("GEH"). I have been delegated the function of reviewing the information described in paragraph (2) whic h is sought to be withheld, a nd have been authorized to apply for its withholding. (2) The information sought to be w ithheld is contained in NEDC-33485P, Safety Analysis Report for LaSalle County Station Units 1 and 2, Thermal Power Optimization , Revision 0, dated January 2010. The proprietary information in NEDC-33485P is identified by a dark red font and dotted underline placed within double square brackets, [[This sentence is an example.{3}]]. In each case, the superscript notation

{3} refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination. (3) In making this application for withholding of proprietary informa tion of which it is the owner or licensee, GEH relies upon the exempti on 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) fo r "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 Exempti on 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 de finition 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 license from GEH 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 GEH customer-funded development plans and programs, resulting in potential pr oducts to GEH; d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

Affidavit for NEDC-33485P Revision 0 Affidavit Page 2 of 3 The information sought to be withheld is cons idered 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 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, no public disclosure has been made, and it is not available in pub lic 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 preven t its unauthorized disclosure, ar e 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 lik ely 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 GEH. Access to such documents within GEH 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 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 agreements. (8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results and conclusions re garding supporting evaluations of the safety-significant changes necessary to demonstrate the regulatory acceptability of the Thermal Power Optimization (TPO) analysis for a GEH Boiling Water Reactor ("BWR"). The analyses utilized analytical models and methods, including computer codes, which GEH has developed, obtained NRC approval of, and applied to perform evaluations of TPOs for a GEH BWR. 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 GEH asset. (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose 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 Affidavit for NEDC-33485P Revision 0 Affidavit Page 3 of 3 analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation proc ess. In addition, the techno logy 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 GEH. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to qua ntify, but it clearly is substantial. GEH's competitive advantage will be lost if its competitors are able to use the results of the GEH experience to normalize or verify their own process or if they are able to claim an equivalent understanding by dem onstrating that they can arrive at the same or similar conclusions. The value of this information to GEH 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 GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing a nd obtaining 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 11 th day of January 2010.

Edward D. Schrull Vice President, Regulatory Affairs Services Licensing GE-Hitachi Nuclear Energy Americas LLC

3901 Castle Hayne Rd.

Wilmington, NC 28401 edward.schrull@ge.com

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