ML17054B737

Confirms That NEDE-30241, Performance Evaluation of Nine Mile Point Unit 1 Core Spray Sparger, Contains Proprietary Info & Will Be Withheld (Ref 10CFR2.790),per Encl GG Sherwood 830912 Affidavit

ML17054B737
Person / Time
Site:	Nine Mile Point
Issue date:	06/20/1985
From:	Vassallo D Office of Nuclear Reactor Regulation
To:	Hooten B NIAGARA MOHAWK POWER CORP.
References
NUDOCS 8507020390
Download: ML17054B737 (14)

Text

June 20, 1985 Docket No. 50-220 Mr. B.

G. Hooten Executive Director, Nuclear Operations Niagara Mohawk Power Corporation 300 Erie Boulevard West

Syracuse, New York 13202 DISTRIBUTION

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NRC PDR Local PDR ORB¹2 Reading HThompson SNorris ORB¹2 Gray File BHermann DVassallo JPartlow BGrimes EJordan OELD ACRS (10)

Dear Mr. Hooten

SUBJECT:

GENERAL ELECTRIC COMPANY'S RE(UEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE Re:

Nine Mile Point Nuclear Station By letter dated September 13, 1983 you submitted an evaluation titled "Performance Evaluation of the Nine Mile Point Unit 1 Core Spray Sparger" NEDE-30241 which is proprietary to the General Electric Company.

General Electric Company stated that the submitted information should be considered exempt form mandatory public disclosure for the reasons stated in the enclosed affidavit of Glenn G. Sherwood.

We have reviewed the material based on the requirements and cr'iteria of 10 CFR 2.790 and, on the basis of General Electric's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary commercial information.

Therefore, the version of the submitted information marked as proprietary will be withheld form public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the need arises, we may send copies of this information to our consultants working in this area.

We will, of course, ensure that the'consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC.

You should also 507020390 850b20 PDR ADOCK 05000220 C

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understand that the NRC may have cause to review this determination in the

future, such as, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC makes a

determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, Original signed by/

Enclosure:

As stated Domenic B. Vassallo, Chief Operating Reactors Branch 82 Division of Licensing cc w/enclosure:

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Mr. B. G. Hooten

'iagara Mohawk Power Corporation Nine Mile Point Nuclear Station, Unit No.

1 CC:

Troy B. Conner, Jr., Esquire Conner

& Wetterhahn Suite 1050 1747 Pennsylvania

Avenue, N.

W.

Washington, D.

C.

20006 Frank R. Church, Supervisor Town of Scriba R.

D. ¹2

Oswego, New York 13126 Niagara Mohawk Power Corporation ATTN:

Mr. Thomas Perkins Plant Superintendent Nine Mile Point Nuclear Station Post Office Box 32

Lycoming, New York 13093 Resident Inspector U. S. Nuclear Regulatory Commission Post Office Box 126

Lycoming, New York 13093

- John W. Keib, Esquire Niagara Mohawk Power Corporation 300 Erie Boulevard Hest

Syracuse, New York 13202 Thomas A. Murley Regional Administrator Reaion I Office U.

S. Nuclear Pegulatory Commission 631 Park Avenue King of Prussia, Pennsylvania 19406 Mr. Jay Dunkleberger Division of Policy Analysis and Planning New York State Energy Office Agency Buildinq 2 Empire State Plaza

Albany, New York 12223 Glenn G.

Sherwood General Electric Company Nuclear Power Systems Division 175 Curtner Avenue San Jose, California 95125

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GENERAL ELECTRIC COMPANY I

AFFIDAVIT I, Glenn G.

Sherwood, being duly sworn, depose and state as follows:

l.

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.

The information sought to be repelled is:

"Performance Evaluation of the Nine Nile Point Unit 1 Core Spray Sparger" NEDE-30241, September 1983.

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; 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; EJR:rm/A09095 9/9/83

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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 desir'able 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 Hanager 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.

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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 accuracy of the proprietary designation in accordance with the standards enumerated above.

Oisclosures 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 document mentioned in paragraph 2 above describes various test parameters and results from GE test facilities used to justify the reactor core spray system.

In addition, it gives detailed descriptions of current methodology, assumptions, and models in this area.

10.

The information to the best of my knowedge and belief has consistently 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 or proprietary agreements which provide for maintenance of the information in confidence.

ll.

Public disclosure of the material sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because:

a 0 b.

C.

It was developed over many years with the expenditure of substantial resources exceeding

$12,000,000 by the General Electric Company.

The resources dedicated to this effort were those of the General Electric Company.

Public availability of the material would allow competitors, including competing BMR suppliers to obtain valuable test results and obtain the capability to perform design evaluations at no cost, which GE developed at substantial cost.

Use of this material would provide competitors a competitive advantage over General Electric by allowing competitors to offer such calculations and evaluations at lower cost than General Electric.

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STATE OF CALIFORNIA

)

COUNTY OF SANTA CLARA

)

Glenn G.

Sherwood, oeing 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 bel ief.

Executed at San Jose, California, this J9 day of D

'G enn G.

Sherwood General Electric Company Subscribed and sworn before me this gl day of ~~)~ 198$.

C49COC(LICIT)CC) CC)P "Ce&5CC)CC)CC) CCICQ)I OFF> CM, SZ.u, KAREN S.

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