ML112971209
| 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: |
| 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 ID CODE/NAME PD3-3 LA t0 SCALETTI,D COPIES LTTR ENCL 1
1 3
3 RECIPIENT ID CODE/NAME PD3-3 PD 016 COPIES LTTR ENCL 1
1 INTERNAL: AEOD/DOA OGC/HDS1 EXTERNAL:
LPDR WT 1
1 1
0 AEOD/DSP/TPAB L
1 F
/
1 1
0 NRC PDR TOTAL NUMBER OF COPIES REQUIRED: LTTR 1
1 1
0 11I ENCL 8
1 F"u Northern States Power Company 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 70!B2 9002 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 expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;
- d.
Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers;
- e.
Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs of potential commercial value to General Electric;
- f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;
- g.
Information which General Electric must treat as proprietary according to agreements with other parties.
- 5.
Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.
- 6.
The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their
- agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.
- 7.
The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.
- 8.
The document mentioned in paragraph 2 above is classified as proprietary because it contains important details of the GE8x8EB fuel design not available to other parties.
In addition, this document contains details of the thermal limits of the GE8x8EB fuel design.
These limits could be used by competitors to derive valuable design information. Although it is necessary to include some thermal limits information in plant Technical Specifications, thus making this information available to competitors, it is important to limit the amount of information to the extent possible.
- 9.
The information to the best of my knlowledge and belief has consistently been held in confidence by the General Electric
- Company, no public disclosure has been
- made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
STATE OF CALIFORNIA
)ss:
COUNTY OF SANTA CLARA
)
Ricardo Artigas, 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 San Jose, California, thiso2<
day o t4
, 1987.
Ricardo Artigas General Electric Company Subscribed and sworn before me thiqjf!ay ofu, 1987.
NOTARY PUBLIC, STATE OF IFORNIA OFFICIAL SEAL KAREN S VOGELHUBER OTARY PUBLIC - CALIFORNIA o
NOTSANTA CLARA COUNTY MY comm. expires DEC 30, 1988
9 4
Exhibit B Monticello Nuclear Generating Plant Supplemental Information for License Amendment Reqest dated July 27, 1987 General Electric Report titled:
Supplement 2 to Loss-of-Coolant Accident Analysis Report for Monticello Nuclear Generating Plant