ML112971209

Forwards Supplemental Info for 870727 Application for Amend to License DPR-22,including Proprietary NEDE-24050-2, Suppl 2 to LOCA Analysis Rept for Monticello Nuclear Generating Plant.

ML112971209
Person / Time
Site:	Monticello
Issue date:	08/28/1987
From:	Musolf D Northern States Power Co
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML112971210	List: ML112971209
References
NUDOCS 8709010229
Download: ML112971209 (8)

Text

REGULATORY 9FORMATION DISTRIBUTION SY EM (RIDS)

ACCESSION NBR:8709010229 DOC.DATE: 87/08/28 NOTARIZED: YES DOCKET #

FACIL:50-263 Monticello Nuclear Generating Plant, Northern States 05000263 AUTH.NAME AUTHOR AFFILIATION MUSOLF,D. Northern States Power Co.

RECIP.NAME RECIPIENT AFFILIATION Office of Nuclear Reactor Regulation, Director (Post 870411

SUBJECT:

Forwards supplemental info for 870727 application for amend to License DPR-22,including proprietary NEDE-24050-2, "Suppl 2 to LOCA Analysis Rept for Monticello Nuclear Generating Plant. "

DISTRIBUTI COE:DP ES RECEIVED:LTR A- ENCL A SIZE:1 TITLE: Proprietary eview Distribution-Operating Reactor NOTES:

RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL PD3-3 LA t0 1 1 PD3-3 PD 016 1 1 SCALETTI,D 3 3 INTERNAL: AEOD/DOA WT 1 1 AEOD/DSP/TPAB L 1 1 OGC/HDS1 1 0 F / 1 1 EXTERNAL: LPDR 1 0 NRC PDR 1 0 TOTAL NUMBER OF COPIES REQUIRED: LTTR 11I ENCL 8

1 Northern States Power Company F"u 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 August 28, 1987 Submitted in accordance with 10 CFR Part 50, Section 50.90.

Director Office of Nuclear Reactor Regulation US Nuclear Regulatory Commission Attn: Document Control Desk Washington DC 20555 MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50.263 License No. DPR-22 Supplemental Information for License Amendment Request dated July 27, 1987 Cycle 13 Changes CONTAINING PROPRIETARY INFORMATION The License Amendment Request dated July 27, 1987 proposed a new fuel type, BD319B, be added during Cycle 13. Although the GE8x8EB fuel design has been generically approved by the NRC, the amendment to GESTAR-II (NEDE 24011-P-A-8) for the BD319B fuel type is currently undergoing review by the NRC Staff. The attached report: "Supplement 2 to Loss-of-Coolant Accident Analysis Report for Monticello Nuclear Generating Plant" is being submitted since the BD319B fuel type has not been approved. This report supplements the information provided in the License Amendment Request dated July 27, 1987.

This report contains information proprietary to General Electric Company.

This is documented by an affidavit of Ricardo Artigas, General Electric enclosed as Attachment 1. The affidavit identifies the basis on which the information may be withheld from public disclosure by the Commission and addresses the considerations listed in paragraph (b)(4) of Section 2.790 of the Commission's regulations.

ATTACHMENT 2 CONTAINS PROPRIETARY INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR PART 2, SECTION 2.790 9002 70!B2 5p*l6 N'

Northern States Power Company Dir of NRR August 28, 1987 Page 2 Accordingly, it is requested that the information which is proprietary to General Electric Company be withheld from public disclosure in accordance with 10 CFR Part 2, Section 2.790 Please contact us if you have any questions related to this submittal.

David Musolf Manager - Nuclear Support Services c: Regional Administrator III, NRC Sr NRR Project Manager, NRC Sr Resident Inspector, NRC G Charnoff (without attachments)

Minnesota Pollution Control Agency (State Contact)

Attn: Dr J W Ferman (without attachments)

Attachments:

1) Affidavit of Ricardo Artigas, General Electric Company

2) General Electric Company report titled: Supplement 2 to Loss-of-Coolant Accident Analysis Report for Monticello Nuclear Generating Plant ATTACHMENT 2 CONTAINS PROPRIETARY INFORMATION TO BE WITHHELD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR PART 2, SECTION 2.790

Exhibit A Monticello Nuclear Generating Plant Supplemental Information for License Amendment Request Dated July 27, 1987 Affidavit of Ricardo Artigas, General Electric Company

GENERAL ELECTRIC COMPANY AFFIDAVIT I, Ricardo Artigas, being duly sworn, depose and state as follows:

1. I am Manager, Licensing and Consulting Services, General Electric Company, 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 "Supplement 2 to Loss-of-Coolant Accident Analysis for Monticello Nuclear Generating Plant", NEDE-24050-2, August 1987.

3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provides:

"A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it.... A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the ease or difficulty with the which the information could be properly acquired or duplicated by others."

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 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 consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

c. Information which if used by a competitor, would reduce his position expenditure of resources or improve his competitive in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;

d. Information which reveals cost or price information, levels or commercial strategies production capacities, budget of General Electric, its customers or suppliers;

e. Information which reveals aspects of past, present or future customer-funded development plans and General Electric programs of potential commercial value to General Electric; for

f. Information which discloses patentable subject matter which it may be desirable to obtain patent protection;

g. Information which General Electric must treat as proprietary according to agreements with other parties.

is

5. Initial approval of proprietary treatment of a document manager of the originating typically made by the Subsection with the value and component, who is most likely to be acquainted knowledge.

sensitivity of the information in relation to industry Company is limited on a "need Access to such documents within the are clearly identified as to know" basis and such documents proprietary.

a document

6. The procedure for approval of external release of such Manager, Project typically requires review by the Subsection authority, by the manager, Principal Scientist or other equivalent (or Subsection Manager of the cognizant Marketing function content, delegate) and by the Legal Operation for technical of the accuracy of the competitive effect and determination enumerated proprietary designation in accordance with the standards limited above. Disclosures outside General Electric are generally and potential customers and their to regulatory bodies, customers then only with appropriate agents, suppliers and licensees or proprietary protection by applicable regulatory provisions agreements.

evaluated in

7. The document mentioned in paragraph 2 above has been and procedures and has been accordance with the above criteria is proprietary and which is found to contain information which customarily held in confidence by General Electric.

as

8. The document mentioned in paragraph 2 above is classified of the GE8x8EB proprietary because it contains important details this fuel design not available to other parties. In addition, GE8x8EB fuel document contains details of the thermal limits of the to derive design. These limits could be used by competitors to include valuable design information. Although it is necessary some thermal limits information in plant Technical Specifications, it is thus making this information available to competitors, of information to the extent important to limit the amount possible.

has

9. The information to the best of my knlowledge and belief by the General Electric consistently been held in confidence and it is not Company, no public disclosure has been made, parties have available in public sources. All disclosures to third been made pursuant to regulatory provisions of proprietary the information in agreements which provide for maintenance of confidence.

STATE OF CALIFORNIA )ss:

COUNTY OF SANTA CLARA )

Ricardo Artigas, being duly sworn, deposes and says:

stated therein That he has read the foregoing affidavit and the matters information, and are true and correct to the best of his knowledge, belief.

day o t4 , 1987.

Executed at San Jose, California, thiso2<

Ricardo Artigas General Electric Company 1987.

Subscribed and sworn before me thiqjf!ay ofu, o --__-- --

OFFICIAL SEAL KAREN S VOGELHUBER OTARY PUBLIC - CALIFORNIA NOTSANTA CLARA COUNTY MY comm. expires DEC 30, 1988 NOTARY PUBLIC, STATE OF IFORNIA

,.9 4 Exhibit B Monticello Nuclear Generating Plant Supplemental Information for 1987 License Amendment Reqest dated July 27, General Electric Report titled:

Supplement 2 to Loss-of-Coolant Accident Analysis Report for Monticello Nuclear Generating Plant