ML113110513

Forwards Proprietary Info Re Plant Operation W/Higher River Temp During Summer of 1988.Info Withheld (Ref 10CFR2.790)

ML113110513
Person / Time
Site:	Monticello
Issue date:	09/28/1988
From:	Musolf D Northern States Power Co
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML113110514	List: ML113110513
References
NUDOCS 8810060315
Download: ML113110513 (7)

Text

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ACCESSION NBR:

FACIL:50-263 AUTH.NAME MUSOLF,D.

RECIP.NAME 8810060*315 DOC.DATE: 88/09/28 NOTARIZED: YES DOCKET #

Monticello Nuclear Generating Plant, Northern States 05000263 AUTHOR AFFILIATION Northern States Power Co.

6, RECIPIENT AFFILIATION Document Control Branch (Document Control Desk) A3/

K

SUBJECT:

Forwards proprietary info re plant operation w/higher river E

temp during Summer of 1988.Info withheld (ref 10CFR2.790).

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54-Pa 3 TITLE: Proprietary Review Distribution -

Operating Reactor IR I

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Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 September 28, 1988 Director 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 PROPRIETARY Document Related to Plant Operation With Higher River Temperatures Due to the summer weather of 1988 the Mississippi River water temperature limit used in many of the Monticello safety analysis was reached. General Electric report EAS-51-0888, "Analysis of Plant Operation with Higher Service Water Temperature for Monticello Nuclear Generating Plant,"

provides justification for plant operation with river water temperatures as high as 90*F. This report is being transmitted for the information of the NRC Staff at the request of our NRC Project Manager.

Exhibit A is the General Electric Company affidavit of David J Robare which states the basis for exemption from public disclosure of the General Electric Company document EAS-51-0888 in accordance with 10 CFR 2.79 (b)(1)(ii).

Exhibit B is the General Electric document EAS-51-0888.

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.

David Musolf Manager - Nuclear Support Services c:

Regional Administrator-III, NRC NRR Project Manager, NRC Resident Inspector, NRC G Charnoff Attachments ATTACHMENTS CONTAIN 10 CFR 2.790 PROPRIETARY INFORMATION 8810060315 880928 PDR ADOCK 05000263 P

PNU

MONTICELLO NUCLEAR GENERATING PLANT Docket No. 50-263 License No. DPR-22 EXHIBIT A Letter dated September 28, 1988 Exhibit A is the affidavit of David J Robare (General Electric Company) dated September 20, 1988

GENERAL ELECTRIC COMPANY AFFIDAVIT I, David J. Robare, being duly sworn, depose and state as follows:

1.

I am Manager, Plant Licensing 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 the attached report EAS-51-0888, Analysis of Plant Operation with Higher Service Water Temperature for Monticello Nuclear Generating Plant, dated September 1988.

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 defini tion of proprietary information are:

a.

Information that disclosed 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 disclosespatentable 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 bee'n 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 complete 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 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 signifi cant 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 docu ments 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, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.

Access to such docu ments 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 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 deter mination 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.

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 to the best of my knowledge and belief has consistent ly 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.

10. The document mentioned in paragraph 2 above is classified as proprie tary because it contains results taken directly or derived from GE proprietary information regarding BWR containment designs developed with the expenditure of substantial resources exceeding

$500,000.

Furthermore, the report identifies potentially limiting design and licensing issues of commercial value to GE.

The information is of a type customarily held in confidence by GE since it reveals valuable information obtained at considerable expense to GE.

STATE OF CALIFORNIA

)ss COUNTY OF SANTA CLARA

)s:

David J. Robare, 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 20th day of September, 1988.

DAVID J. ROBARE General Electric Company Subscribed and sworn before me this 20th day of September 1988.

Maiy Lou Kendall OFA Notary Public - California "MARYLKENDALL Santa Clara County NOTARY PUBLIC -CALIFORNIA SANTA CLARA COU1TY My comm. expires MAs4f 13, 19C9 r

Northern States Power Company 414 Nicollet Mall Minneapolis, Minnesota 55401 Telephone (612) 330-5500 September 28, 1988 Director 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 PROPRIETARY Document Related to Plant Operation With Higher River Temperatures Due to the summer weather of 1988 the Mississippi River water temperature limit used in many of the Monticello safety analysis was reached. General Electric report EAS-51-0888, "Analysis of Plant Operation with Higher Service Water Temperature for Monticello Nuclear Generating Plant,"

provides justification for plant operation with river water temperatures as high as 90*F. This report is being transmitted for the information of the NRC Staff at the request of our NRC Project Manager.

Exhibit A is the General Electric Company affidavit of David J Robare which states the basis for exemption from public disclosure of the General Electric Company document EAS-51-0888 in accordance with 10 CFR 2.79 (b)(1)(ii).

Exhibit B is the General Electric document EAS-51-0888.

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.

David Musolf Manager - Nuclear Support Services c:

Regional Administrator-III, NRC NRR Project Manager, NRC Resident Inspector, NRC G Charnoff Attachments ATTACHMENTS CONTAIN 10 CFR 2.790 PROPRIETARY INFORMATION