ML17286B236

Informs That Document Entitled TS Improvement Analysis for ECCS Actuation Intrumentation for WPPSS 2, RE-024,Mar 1987, Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5)

ML17286B236
Person / Time
Site:	Columbia
Issue date:	12/30/1991
From:	Eng P Office of Nuclear Reactor Regulation
To:	Sorensen G WASHINGTON PUBLIC POWER SUPPLY SYSTEM
References
NUDOCS 9201130151
Download: ML17286B236 (9)

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UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555 December 30, 1991 Docket No. 50-397 Nr. G.

C. Sorensen, Manager Pegulatory Programs Washington Public Power Supply System 3000 George Washington Way P. 0.

Box 968 Richland, Washington 99352

SUBJECT:

RE(VEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE By your letters dated February 21, 1991, and November 14, 1991, and General Electric Company's affidavit dated October 25, 1991, you submitted a document entitled, "Technical Specification Improvement Analysis for the Emergency Core Cooling System Actuation Instrumentation for Washington Public Power Supply System Nuclear Project No. 2," RE-024, Narch 1987.

General Electric Company stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

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, Sec-tion 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 expended by him in developing the information; (6) the ease or difficulty with t.sicj which the information could be properly acquired or duplicated by other s."

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C. Sorensen, Manager December 30, 1991 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, including test data, relative to a process, method or apparatus, the application of which provide a competi-tive 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, installa-tion, 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 comnercial value to General Electric; f.

Information which discloses patentable subject matter for which it may be desirable to obtain patent protec-tion; g.

Information which General, Electric must treat as proprietary according to agreements with other parties.

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 documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

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 determination

Nr. G. C. Sorensen, Manager w3 December 30, 1991 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.

The document mentioned... 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.

The information to the best of my knowledge 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 of proprietary agreements which provide for maintenance of the information in confidence.

Public disclosure of the information 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 it would provide other parties, including competitors, with valuable information regarding the application of reliability based methodology to BWR instrumentation.

A substantial effort has been expended by General Electric to development this information in support of the BWR Owners Group Technical Specification Improvement Program.

Me have reviewed your submittal and the material in accordance with the require-ments of 10 CFR 2.790 and, on the basis of General Electric Company's statements, have determined that the submitted information sought to be withheld contains trade secrets or proprietary comnercial information.

Therefore, we have determined that the document entitled "Technical Specifica-tion Improvement Analysis for the Emergency Core Cooling System Actuation Instrumentation for Washington Public Power Supply System Nuclear Project No. 2,"

RE-024, March 1987 marked as proprietary will be withheld from public dis-closure p~rsuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of i~'~4, as amended.

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

If the need

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

Me will, of course, insure that the consultants have signed the appropriate agreements for handling proprietary information.

Mr. G.

C. Sorensen, Manager

-4 December 30, 1991 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 understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information.

In all review situations, if the NRC needs additional information from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sin ce rely, Original Signed By:

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Mr. J.

W. Baker WNP-2 Plant Manager Washington Public Power Supply System P.O.

Box 968, MD 927M Richland, Washington 99352 G. E.

C. Doupe, Esq.

Washington Public Power Supply System 3000 George Washington Way P. 0.

Box 968, MD 396 Richland, Washington 99532 Mr. R.

G. Waldo, Chairman Energy Facility Site Evaluation Council Mail Stop PY-11 Olympia, Washington 98504 Mr. Alan G. Hosier, Licensing Manager Washington Public Power Supply System P. 0.

Box 968, MD 956B Richland, Washington 99352 Mr. A. Lee Oxsen, Assistant Managing Director for Operations Washington Public Power Supply System P. 0.

Box 968, MD 1023

Richland, Washington 99352 Mr. Gary D. Bouchey, Director Licensing and Assurance Washington Public Power Supply System P. 0.

Box 968, MD 280

Richland, Washington 99352 Regional Administrator, Region V

U.S. Nuclear Regulatory Commission 1450 Maria Lane, Suite 210 Walnut Creek, California 94596 Chairman Benton County Board of Commissioners P. 0.

Box 190

Prosser, Washington 99350-0190 Mr. R.

C. Sorensen U. S. Nuclear Regulatory Commission P. 0.

Box 69 Richland, Washington 99352 Nicholas S. Reynolds, Esq.

Winston I% Strawn 1400 L Street, N.W.

Washington, D.C.

20005-3502