ML112990367
| ML112990367 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 01/22/1980 |
| From: | Sherwood G General Electric Co |
| To: | Denise R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML112990368 | List: |
| References | |
| MFN-019-80, MFN-19-80, NUDOCS 8001240406 | |
| Download: ML112990367 (5) | |
Text
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REGULATORY INFORMATION F~,STRIbUTION SYSTEM (RIDS)
ACCESSION NtbR;80012L40406 DOC,DATE: 60/01/22 NOTARIZED: YES PAC.[L:50-2b3 Monticello Nucleaer Gee'rating Plant, Northern Sjates
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GENERAL
- ELECTRIC GENERAL ELECTRIC COMPANY, 175 CURTNER AVE., SAN JOSE, CALIFORNIA 95125 MC 682, (408) 925-5040 MFN-019-80 January 22, 1980 U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555 9
NUCLEAR POWER SYSTEMS DIVISION Attention:
Gentlemen:
SUBJECT:
Reference:
Mr. R. P. Denise, Acting Assistant Safety, Division of System Safety Director for Reactor GENERAL ELECTRIC FUEL SURVEILLANCE PROGRAM Letter, Ronald Engel to Denwood F. Ross, "General Electric Fuel Surveillance Program," May 18, 1977 In response to the commitment in the referenced letter, two copies of the "8x8 Fuel Surveillance Program Monticello Site - End of Cycle VI Fourth Post-Irradiation Inspection - October 1978 (NEDE-25245), December 1979, (Proprietary) are provided for your information.
The information contained in this document, indicated as proprietary, is of the type which General Electric maintains in confidence and withholds from public disclosure. It has been handled and classified as proprietary by General Electric, as indicated in the attached affidavit. We hereby request that it be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
Sincerely, Glenn.i erwoodanager Safety and Licensing Operation 6N~L GGS: jl k: rf: bjr/704 Attachment S. Check (NRC), with attachment D. Coffman (NRC), with attachment
- 0. Meyer (NRC), with attachment Van Houten (NRC), with attachment S. Gifford, with attachment
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ATTACHMENT GENERAL ELECTRIC C 0 MPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
- 1. I am Manager, Safety and Licensing, 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 following document is sought to be withheld:
"8x8 Fuel Surveillance Program, Monticello Site -
End of Cycle VI Fourth Post-Irradiation Inspection - October 1979 (NEDE-25245),
December 1979 (Proprietary).
- 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 expended by him in developing the information; (6) the ease or difficulty with 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 competi tive economic advantage over other companies;
Attachment General Electric Company Page 2
- 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. In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been subject to complete proprietary, technical and editorial review.
This practice is based on the fact that draft documents often do not appropriately reflect all aspects of a problem, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures. Also, until the final document is completed, it may not be possible to make any definitive determination as to its proprietary nature. General Electric is not generally willing to release such a document to the general public in such a preliminary form. Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staff to be promptly furnished with signif icant or potentially significant information. Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprietary position and permitting General Electric to insure the public documents are technically accurate and correct.
- 6.
Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man 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 at all times are clearly identified as proprietary.
Attachment General Electric Company Page 2
- 7. The procedure for approval of external release of such a document is review by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section 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 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 only in accordance with appropriate regulatory provisions or proprietary agreements.
- 8. 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.
- 9. The document mentioned in paragraph 2 above provides detail of the General Electric Fuel design. This information is proprietary.
Glenn G. Sherwood, 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, this22'ay ofi EBi?
Glenn G. Shefwood General Electric Company STATE OF CALIFORNIA
)
COUNTY OF SANTA CLARA
) ss:
Subscribed and sworn before me this22day of4, 1910, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE GGS:rf/705-7 OFFICIAL SEAL RUTHE M. KINNAMON NOTARY PUBLIC - CALIFORNIA SANTA CLARA COUNTY my comm. exp--ires MAR 28, 1981 175 Curtner Ave., Son Jose, CA 95125