ML112991329

Forwards Proprietary NEDC-30806P, SAR for Monticello Nuclear Generating Plant Spds. Rept Withheld (Ref 10CFR2.790)

ML112991329
Person / Time
Site:	Monticello
Issue date:	12/26/1984
From:	Musolf D Northern States Power Co
To:	Office of Nuclear Reactor Regulation
Shared Package
ML112991330	List: ML112991329
References
NUDOCS 8501090188
Download: ML112991329 (5)

Text

REGULATURY INFORMATION DISTRIBUTION SY (RIDS)

ACCESSION NBR:85O1090188 DUCDATE: 84/12/26 NOTARIZED: YES DOCKET #

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

RECIP.NAME RECIPIENT AFFILIATION Office of Nuclear Reactor Regulationf Director

SUBJECT:

Forwards proprietary NEUC-30806P, "SAR for Monticello Nuclear Generating Plant SPDS." Rept withhel (ref 10CFR2.790).AA4 A / .

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Northern States Power Company 414 Nicollet Mall Minneapolis. Minnesota 55401 Telechone (6i1 330 5500 December 26, L964 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 Safety Parameter Display System (SPDS)

Safety Analysis Report Attached for the information of the NRC Staff is a report entitled, "Safety Analysis Report for Monticello Nuclear Generating Plant Safety Parameter Display System (SPDS)", NEDC-30806P, December, 1984. This report is furnished as required by Generic Letter No. 82-33 dated December 17, 1982 and an NRC Order Confirming Licensee Commitments on Emergency Response Capability dated June 12, 1984.

The attached report contains proprietary information of the General Electric company. An affidavit providing the basis for withholding this document from public disclosure is provided.

SPDS installation is scheduled for completion, including software and pre-operational training, prior to plant startup for Cycle 12.

Operational testing and followup on necessary corrective actions will be completed within six months after startup for Cycle 12. We believe that SPDS implementation does not involve an unreviewed safety question or a change to the Technical Specifications. The installation is proceeding in accordance with the provisions of 10 CFR Part 50, Section 50.59, without prior NRC approval.

Please contact us if you have any questions related to the information we have provided on the Monticello SPDS.

David Musolf Manager-Nuclear Support rvices DNUM/dab c: Regional Administrator-III, NRC NRR Project Manager, NRC Resident Inspector, NRC G Charnoff Attachments ATTACHMENT CONTAINS 10 CFR PART 2, SECTION 2.790 MATERIAL - NOT FOR PUBLIC DISCLOSURE 8501090186 841226 PDR ADOCK 05000263 F PDR

GENERAL ELECTRIC C 0 MPANY AFFIDAVIT I, Ricardo Artigas, being duly sworn, depose and state as follows:

1. I am Manager, BWR Projects Licensing, Nuclear 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. The information to be withheld is contained in the General Electric Document, "Safety Analysis Report for Monticello Nuclear Generating Plant Safety Parameter Display System (SPDS), NEDC-30806P.

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;

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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

.,4.

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. This report describes the safety analysis for the General Electric designed Safety Parameter Display System for Monticello. The content of this report is proprietary due to the reasons stated in Sections 4a, 4b, and c of this affidavit.

STATE OF CALIFORNIA ) s 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, Cal i f orni a, th i/s day of tisjfr daIl 198ZI Ricard igas, Manager G ral Eledtric Company Subscribed and sworn before me this//day of EC2LM,8f 198/ 1 OFFICIAL SEAL KAREN S. VOGELHUBER 8

NOTARY PUBLIC-CAFORNIA NOTARY PUBLIC, STATE OF LIFORNIA SANTA CLARA COUNTY P G12146 My Commission Expires Dec. 21, 1984