ML12349A379
| ML12349A379 | |
| Person / Time | |
|---|---|
| Site: | Watts Bar  |
| Issue date: | 12/10/2012 |
| From: | Hruby R Tennessee Valley Authority |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| Download: ML12349A379 (9) | |
Text
Enclosure 2 is to be withheld from public disclosure under 10 CFR § 2.390.
When separated from this enclosure, this letter is decontrolled.
Tennessee Valley Authority, Post Office Box 2000, Spring City, Tennessee 37381-2000 December 10, 2012 10 CFR 50.34(b)
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, D.C. 20555-0001 Watts Bar Nuclear Plant, Unit 2 NRC Docket No. 50-391
Subject:
References:
Instrumentation and Controls Staff Request for Additional Information (RAI) Related to Supplemental Safety Evaluation Report (SSER) Open Item 80
- 1. TVA to NRC letter dated August 30, 2012, "Watts Bar Nuclear Plant (WBN) Unit 2 - Instrumentation and Controls Staff Information Request for Additional Information (RAI) Related to Supplemental Safety Evaluation Report (SSER) Open Item 80"
- 2. TVA to NRC letter dated April 15, 2011, "Watts Bar Nuclear Plant (WBN) Unit 2 - Instrumentation and Controls Staff Information Requests" The purpose of this letter is to submit proprietary and non-proprietary versions of General Atomics-Electronic Systems Inc. (GA-ESI) test report 04038800, "RM-1 000 EMC Test Report," dated November 11, 1999, and the associated affidavit for withholding from public disclosure. The reports relate to electromagnetic noise testing of a current to frequency converter used in radiation monitoring devices supplied by GA-ESI. The submittal of these documents addresses the commitment TVA made in Reference 1 and completes the TVA actions associated with SSER Appendix HH Open Item 80. provides a non-proprietary version of GA-ESI test report 04038800. provides a proprietary version of the test report indicating the specific GA-ESI information sought to be withheld from public disclosure. (Reference 2 provided the test report marked proprietary in its entirety without identifying specific GA-ESI proprietary information.) Enclosure 3 provides the affidavit for withholding the proprietary version
U.S. Nuclear Regulatory Commission Page 2 December 10, 2012 of the report (Enclosure 2) from public disclosure. TVA requests that the GA-ESI proprietary information be withheld from public disclosure in accordance with 10 CFR § 2.390.
There are no new regulatory commitments contained in this letter. If you have any questions, please contact Gordon Arent at (423) 365-2004.
Respectfully, Raymond A. Hruby, Jr.
General Manager, Technical Services Watts Bar Unit 2
Enclosures:
- 1.
General Atomics-Electronic Systems Inc. Report 25402-011-V1A-HARA-00266-001 General Atomics HARA, "RM-1 000 EMC Test Report, TVA (Non-Prop)," dated November 11, 1999, Non-Proprietary 2;
General Atomics-Electronic Systems Inc. Report 25402-01 1-V1A-HARA-00143-002 General Atomics HARA, "RM-1 000 EMC Test Report," TVA (Prop)," dated November 11, 1999, Proprietary
- 3.
GA-ESI letter GA/ESI-4539, "Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure under 10CFR2.390," dated October 29, 2012
U.S. Nuclear Regulatory Commission Page 3 December 10, 2012 cc (Enclosures):
U. S. Nuclear Regulatory Commission Region II Marquis One Tower 245 Peachtree Center Ave., NE Suite 1200 Atlanta, Georgia 30303-1257 NRC Resident Inspector Unit 2 Watts Bar Nuclear Plant 1260 Nuclear Plant Road Spring City, Tennessee 37381 GA-ESI letter GA/ESI 4539, "Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure under 10CFR2.390" dated October 29, 2012
25402-011 -VI A-HARA-00268-001 General Atomics HARA
+
GENERAL ATOMICS Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure Under 10CFR2.390 October 29, 2012 GA/ESI-4539 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 2055
Subject:
Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure under 10CFR2.390
Reference:
Tennessee Valley Authority / Watts Bar 2 Completion Project To Whom It May Concern:
General Atomics Electronic Systems Inc., (GA-ESI) hereby submits the following document related to its Radiation Monitoring System pursuant to the specific request of Bechtel Power Corp. Control Systems in support of the Tennessee Valley Authority's Watts Bar 2 Completion Project:
04038800 RM-1000 EMC Test Report, TVA Certain portions of the enclosed document include GA-ESI proprietary commercially strategic information which GA-ESI has held in confidence, and which is not available through public sources. Accordingly, GA-ESI is submitting this document in confidence! and, as set forth in the enclosed affidavit of Mr. John Morris, GA-ESI requests that this information be treated as proprietary information under the provisions of 10CFR2.390 and be withheld from public disclosure. The enclosed affidavit addresses specifically the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the of the NRC's regulations.
GA-ESI is submitting both a proprietary version of the document plus a nonproprietary version of the same. In the proprietary version of the document, the proprietary material is delineated by "business sensitive" or "trade secret" designation on specific paragraphs and highlighted text, sentence, figure or drawing to which the designation applies. In the nonproprietary version, the proprietary information has been obscured/blacked-out.
If you have questions regarding this submittal, please do not hesitate to contact Mr. John Morris at (858) 522-8425 or iohn.morris(cqa-esi.com, or me at (858) 455-2823 or keith.asmussenC.qa.com.
Very truly yours, Keith E. Asmussen, Ph.D., Director Licensing, Safety and Nuclear Compliance
Enclosures:
- 1) Document as listed in text
- 2) Affidavit of Mr. John Morris 3560 GENERAL ATOMICS COURT. SAN DIEGO. CA 92121-1122 PO BOX 85608, SAN DIEGO, CA 92186-5608 1858),55-3000
25402-011 -VI A-HARA-00268-001 General Atomics HARA Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure Under 10CFR2.390 Enclosure to GA/GA-ESI Letter No. GA-ESI 4539 Page 1 of 4 STATE OF CALIFORNIA
) ss COUNTY OF SAN DIEGO
)
AFFIDAVIT OF JOHN MORRIS I, John Morris, Radiation Monitoring Systems Program Director of General Atomics Electronic Systems, Inc., do hereby affirm and state:
(1)
I have been delegated the function of reviewing the information sought to be withheld by General Atomics Electronic Systems, Inc. and I am authorized to execute this affidavit on behalf of General Atomics Electronic Systems, Inc.
(2)
The affidavit is submitted under the provisions of 10CFR Part 2.390 in order to withhold the enclosed confidential commercial information (as set forth in paragraph 3 following) of General Atomics Electronic Systems, Inc. from public disclosure or publication.
(3)
The information sought to be withheld is related to General Atomics Electronic Systems' Radiation Monitoring System (i.e., RM-1000) and is contained in the document designated as:
04038800 RM-1000 EMC Test Report, TVA The proprietary material in this document is delineated by "business sensitive" or "trade secret" designation on specific paragraphs and highlighted text, sentence, figure or drawing to which the designation applies.
(4)
In making this application for withholding of proprietary information of which it is the owner, General Atomics Electronic Systems, Inc. relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552.(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR Part 9.17(a)(4) and 2.390(a)(4) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential." The material for which exemption from disclosure is hereby sought is all "confidential commercial information," and some portions also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Proiect v.
25402-011 -VIA-HARA-00268-001 General Atomics HARA Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosuri Under IOCFR2.390 Enclosure to GA/GA-ESI Letter No. GA-ESI 4539 P'age zof 4 Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).
(5)
Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Atomics Electronic Systems, Inc.'s competitors without license from General Atomics Electronic Systems, Inc. constitutes a competitive economic advantage over other companies;
- b. Information which, if used by a competitor, would reduce his or her expenditure of resources or improve his or her competitive position in the design, manufacture, shipment, installation, assurance or quality, or licensing of a similar product.
- c. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
(6)
The information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence, is of a sort customarily held in confidence by General Atomics Electronic Systems, Inc.,
and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by General Atomics Electronic Systems, Inc. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (7) and (8) following.
(7)
Initial approval of proprietary treatment of a document is made by the 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 General Atomics Electronic Systems, Inc. is controlled to protect it from unauthorized disclosure.
25402-011 -VIA-HARA-00268-001 General Atomics HARA Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Disclosure Under IOCFR2.390 Enclosure to GAIGA-ESI Letter No. GA-ESI 4539 Page 3 of 4 (8)
The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Department, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside General Atomics Electronic Systems, Inc. are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements for protecting the information from further disclosure.
(9)
The information classified as proprietary was developed and compiled by General Atomics Electronic Systems, Inc. at a significant cost to General Atomics Electronic Systems, Inc. This information is classified as proprietary because it contains detailed historical data and analytical results not available elsewhere.
This information would provide other parties, including competitors, with information from General Atomics Electronic Systems, Inc. technical database and the results of evaluations performed using codes developed by General Atomics Electronic Systems, Inc. Release of this information would improve a competitor's position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by General Atomics Electronic Systems, Inc. to develop this information.
(10)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to General Atomics Electronic Systems, Inc.'s competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of General Atomics Electronic
- Systems, Inc.'s comprehensive radiation monitoring system technology base, and its commercial value extends beyond the original development cost.
The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by General Atomics Electronic Systems, Inc.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it is clearly substantial.
25402-011 -VI A-HARA-00268-001 General Atomics HARA Request by General Atomics Electronic Systems, Inc. to Withhold Certain Information from Public Dislosur* Under 10CFR2.390 Enclosure to GA/GA-ESI Letter No. GA-ESI 4539 P'age of 4 General Atomics Electronic Systems, Inc. competitive advantage will be lost if its competitors are able to use the results of the General Atomics Electronic Systems, Inc.'s experience to normalize or verity their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
GENERAL ATOMICS ELECTRONIC SYSTEMS, INC.
John Morris, Radiation Monitoring Systems Program Director 11/12-State of California County of San Diego On October 29, 2012 before me, Lynne-Marie Vetters, Notary Public, personally appeared John Morris, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and who acknowledged to me that he executed the same in his authorized capacity, and by his signature on the instrument the person, or entity upon behalf of which the person acted, executed the instrument.
I certify under PENALTY of PERJURY under the laws of the state of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Signature of Notary)
LOD LYW-MARIE V7ETTERS jArk"COMMIS8100 0,191197921 Notary Pubk - 1"ahlornia San Diego County Ex0res Jan 1. 2015