ML112991305
| ML112991305 | |
| Person / Time | |
|---|---|
| Site: | Monticello  |
| Issue date: | 10/02/1984 |
| From: | Musolf D Northern States Power Co |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML112991306 | List: |
| References | |
| NUDOCS 8410110124 | |
| Download: ML112991305 (7) | |
Text
REGULATuRY iNFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:8410110124
- UC.DATE:
84/10/02 NOTARIO : YES FACIL;50-263 Monticello Nuclear Generating Plant, Northern States AUTH.NAME AUTHOR AFFILIATION
- MUSOLFD, Northern States Power Co, RECIPNAME RECIPIENI AFFILIATION Office of Nuclear Reactor Regulation, Director DOCKET #
05000263
SUBJECT:
Forwards NEDC-30492, "GE BWR Licensing Rept:APRM,Rod 8lock Monitor & Tech Spec Improvement (ARTS) Program for Monticello Nuclear Generating Plant," per request.Affidavit of R Artigas enclt jl
-e1 DISTRIBUTION CODE: A001D IES REIV.D TRL ENCLt? SIZE:
- TITLE: OR Submittal: General Distribution NOTES:
05000263 OL:09/08/70 RECIPIENT ID CODE/NAME NRR ORB2 BC 01 COPIES LTTR ENCL 7
7 RECI PI ENT ID CODE/NAME COPIES LTTR ENCL INTERNAL:
ADM/LFMB NRIR/DE/MTE B NRR/DL/ORAB NRR/DSI/RA8 RGN3 EXTERNAL:
1 1
1 1
09 02 0
ELD/HDS1 1
NRR/DL DIP 1
RE F -
04 1
6b 1
1 LPDR NSIC TOTAL NUMBER OF COPIES REWUIRED: LTTR 0
1 1
1 1
1 03 05 26 ENCL 23
Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 October 2, 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 Information Related to License Amendment Request Dated May 30, 1984 On May 31, 1984, General Electric Report, NEDC-30492-P, was sent to you as proprietary information with an affidavit of Ricardo Artigas. At the request of the NRC Monticello Project Manager a revised affidavit is being submitted (Exhibit A) and a non-proprietary version of NEDC-30492-P titled NEDC-30492 (Exhibit B).
This submittal contains no proprietary information.
David Musolf Manager-Nuclear Support vices DMM/TMP/dab c:
Regional Administrator-III, NRC NRR Project Manager, NRC Resident Inspector, NRC G Charnoff Attachments 8410110124 841002 PDR ADOCK 05000263 PDR
V MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR-22 Exhibit A Letter dated October 2, 1984 Exhibit A is the affidavit of G G Sherwood (General Electric Company) dated September 25, 1984
or.
j GENERAL ELECTRIC COMPANY AFFIDAVIT I, G. G. Sherwood, being duly sworn, depose and state as follows:
- 1. I am Manager, 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) and Errata & Addenda sheet No. 1 to NEDC-30492-P, August 1984.
- 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 informa tion 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 econom ic 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;
/mm/MO9198*-1 9/24/84
- 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 tenta tive 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 occa sion 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 typically made by the Subsection Manager of the originating component, the person 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.
- 7. The procedure for approval of external release of such a document requires 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 determina tion of the accuracy of the proprietary designation in accordance
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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. Specifically the informa tion contained in NEDC-30492-P, falls in the categories of paragraph 4 above as follows:
a) The ARTS operating limits in example 4c, b) The data base and analysis results in example 4b and 4c, c) The Rod Block Monitor design in examples 4a, 4c, and 4f.
- 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, G. 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, this.2 6 day of e p tE"fAE 198 G. G. Sherwood General Electric Company Subscribed and sworn before me thiso., day of j
}pA gl98 r
OFFICIAL SEAL KAREN S. VOGELHUBER a
N r2vL.LL.,
NOTARY PUBC -CAuIORNI N
- PUBLIC, STATE OF C IFOR IA SANTA CLRA COUNTY My Commission Expires Dec. 21, 1984
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MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR-22 Exhibit B Letter dated October 2, 1984 Exhibit B contains the following proprietary General Electric Company report:
NEDC-30492 September, 1984 "Average Power Range Monitor, Rod Block Monitor and Technical Specification Improvement (ARTS) Program"
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