ML112991265

Forwards Proprietary NEDC-30492-P, GE BWR Licensing Rept: Aprm,Rod Block Monitor & Tech Spec Improvement Program for Monticello, to Suppl 840530 Application for Amend to License DPR-22.Rept Withheld (Ref 10CFR2.790)

ML112991265
Person / Time
Site:	Monticello
Issue date:	05/31/1984
From:	Musolf D Northern States Power Co
To:	Office of Nuclear Reactor Regulation
Shared Package
ML112991266	List: ML112991265
References
NUDOCS 8406080216
Download: ML112991265 (7)

Text

REGULATORY *FORMATION DISTRIBUTION SY#gM (RIDS)

ACCESSION NBR:8406080216 DC.DATE:.84/05/31 NOTARIZED: YES, DOCKET #

FACIL:50-263 Monticello Nuclear Generating Plant, Northern States 05000263 AUTHNAME AUTHOR AFFILIATION MUSOLFD, Northern States Power Co.

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

SUBJECT:

Forwards Proprietary NEDC*30492-P, "GE BWR Licensing Repts PRM,Rod Block Monitor & Tech Spec Imprqvement Program for Monticello," to suppi 840530 ,application.for amend to Licen,%e DPR24,Rept withhe l.

ref 10CFR2.790).

DISTRIBUTION CODE: > AftS TITLE: ProPrqetary Revie OPIEE ECEIVED:LTR Distri ution-Operar eactor SIZE .........

NOTES:

RECIPIENT COPIES RECIPIENT COPIES ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL NRR ORB2 BC 7 7 INTERNAL: ELD/HDS1 1 0l REG FILE 1 1 RGN3 9a 1 1 rv EXTERNAL: ACRS 1*10HP40-1.6 LPOR 1 0 NRC PDR 1 0 NTIS 1 0 SW t TOTAL NUMBER OF COPIES REQUIRED: LTTR 19 ENCL

4woi Northern States Power Company I 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 May 31, 1984 Director Office of Nuclear Reactor Regulation U S Nuclear Regulatory Commission Washington, DC 20555 MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR-22 Supplemental PROPRIETARY Document Related to License Amendment Request Dated May 30, 1984 This transmittal is intended to supplement our license request dated May 30, 1984.

Exhibit A is the General Electric Company affidavit of Ricardo Artigas which states the basis for exemption from public disclosure of the General Electric Company document NEDC-30492-P (in accordance with 10 CFR 2.790 (b)(1)(ii).

Exhibit B is the General Electric document NEDC-30492-P.

David Musolf Manager - Nuclear Su rt Services DMM/TMP/dab c: J G Keppler (w/o attachment)

G Charnoff NRR Project Manager, NRC Resident Inspector, NRC (w/o attachment)

MPCA Attn: J W Ferman (w/o attachment)

Attachments ATTACHMENTS CONTAIN 10 CFR 2.790 PROPREITARY INFORMATION 8406080216 840531 10e PDR ADOCK 05000263 P PDR

MONTICELLO NUCLEAR GENERATING PLANT Docket No. .50-263 License No. DPR-22 EXHIBIT A Letter dated May 31, 1984 Exhibit A is the affidavit of Ricardo Artigas (General Electric Company) dated April 30, 1984

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

1. I am Manager, BWR Projects Licensing, Safety and Licensing Operation, 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. "General Electric BWR Licensing Report: Average Power Range Monitor, Rod Block Monitor and Technical Specification Improvement (ARTS) program for Monticello Nuclear Generating Plant, December 1983 (NEDC-30492-P).

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 informa tion.... 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 competitive economic advantage over other companies;

b. Information consisting of supporting data and analyses, includ ing 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; 1

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 significant 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.

7. The procedure for approval of external release of such a document is reviewed 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 2

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 information contained herein is the result of extensive analyses performed at considerable cost to the General Electric Company. The development and verification of these methods, as well as their application and execution cost in excess of $1.5 million.

STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA )

I, 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, thi s3~ay of 198Y.

Ricardo Art gas General Electric Company Subscribed and sworn before me this3LO day of A 198t4 NO ARY PUBLIC, STATk OF CALIFORNIA OFFICIAL SEAL csc: rm/104233 RUTHE M KINNAMON NOTAPY PUBLIC - CALIFORNIA SANTA CLARA COUNTY My comm. expires APP 26, 1985 175 Curtner Avnc, San Jos%, CA 95125 3

Contains 10 CFR 2.790 Proprietary Information MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR-22 EXHIBIT B Letter dated May 31, 1984 Exhibit B contains the following proprietary General Electric Company report:

NEDC-30492-P April, 1984 "Average Power Range Monitor, Rod Block Monitor and Technical Specification Improvement (ARTS) Program" Contains 10 CFR 2.790 Proprietary Information Exempt from Public Disclosure