ML18011B136
| ML18011B136 | |
| Person / Time | |
|---|---|
| Site: | Millstone, Hatch, Monticello, Dresden, Peach Bottom, Browns Ferry, Nine Mile Point, Perry, Fermi, Oyster Creek, Hope Creek, Cooper, Pilgrim, Columbia, Brunswick, Limerick, River Bend, Duane Arnold, Clinton, Quad Cities, FitzPatrick, LaSalle, 05000471 |
| Issue date: | 12/13/1994 |
| From: | Wagoner V AFFILIATION NOT ASSIGNED |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML18011B137 | List: |
| References | |
| NUDOCS 9412220011 | |
| Download: ML18011B136 (14) | |
Text
REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR:9412220011 DOC.DATE: 94/12/13 NOTARIZED: YES FACIL:50-219 Oyster Creek Nuclear Power Plant, Jersey Central Powe 50-462 Clinton Power Station, Unit 2, Illinois Power Co.
50-259 Browns Ferry Nuclear Power Station, Unit 1, Tennessee 50-237 Dresden Nuclear Power Station, Unit 2, Commonwealth E
50-260 Browns Ferry Nuclear Power Station, Unit 2, Tennessee 50-249 Dresden Nuclear Power Station, Unit 3, Commonwealth E
50-296 Browns Ferry Nuclear Power Station, Unit 3, Tennessee 50-373 LaSalle County Station, Unit 1, Commonwealth Edison C
50-325 Brunswick Steam Electric Plant, Unit 1, Carolina Powe 50-374 LaSalle County Station, Unit 2, Commonwealth Edison C
50-324 Brunswick Steam Electric Plant, Unit 2, Carolina Powe 50-245 Millstone Nuclear Power Station, Unit 1, Northeast Nu 50-298 Cooper Nuclear Station, Nebraska Public Power Distric 50-263 Monticello Nuclear Generating Plant, Northern States 50-331 Duane Arnold Energy Center, Iowa Electric Light 6 Pow 50-220 Nine Mile Point Nuclear Station, Unit 1, Niagara Powe 50-341 Enrico Fermi Atomic power plant, Unit 2, Detroit Edis E0=410 Nine Mi.le Point Nunc,ear S'tation Unit 2
zagara Moha 50-333 James A. FitzPatrick Nuclear Power Plant, Power Autho 50-461 Clinton Power Station, Unit 1, Illinois Power Co.
50-321 Edwin I. Hatch Nuclear Plant, Unit 1, Georgia Power C
50-440 Perry Nuclear Power Plant, Unit 1, Cleveland Electric 50-366 Edwin I. Hatch Nuclear Plant, Unit 2, Georgia Power C
50-293 Pilgrim Nuclear Power Station, Unit 1, Boston Edison 50-471 Pilgrim Nuclear Power Station, Unit 2, Boston Edison 50-354 Hope Creek Nuclear Station, Unit 1, Public Service El 50-254 Quad-Cities Station, Unit 1, Commonwealth Edison Co.
50-352 Limerick Generating Station, Unit 1, Philadelphia Ele 50-265 Quad-Cities Station, Unit 2, Commonwealth Edison Co.
50-353 Limerick Generating Station, Unit 2, Philadelphia Ele 50-458 River Bend Station, Unit 1, Gulf States Utilities Co.
50-277 Peach Bottom Atomic Power Station, Unit 2, Philadelph 50-397 WPPSS Nuclear Project, Unit 2, Washington Public Powe AUTH.NAME AUTHOR AFFILIATION WAGONER,V.
AffiliationNot Assigned RECAP.NAME RECIPIENT AFFILIATION Document Control Branch (Document Control Desk)
DOCKET 05000219 05000462 05000259 05000237 05000260 05000249 05000296 05000373 05000325 05000374 05000324 05000245 05000298 05000263 05000331 05000220 05000341 0500041+
05000333 05000461 05000321 05000440 05000366 05000293 05000471 05000354 05000254 05000352 05000265 05000353 05000458 05000277 05000397
SUBJECT:
Responds to NRC RAI re BWR core shroud generic safety assessment re conductivity by fuel cycle.GE rept providing info w/alpha designations in place of plant names encl.GE ltr,also encl, provides plant names. Encl withheld.
DISTRIBUTION CODE:
G004D COPIES RECEIVED:LTR 1
ENCLl SIZE'(5 + ~ /
TITLE:
BWR Vessel
& Internal Project NOTES:License Exp date in accordance with 10CFR2,2.109(12/22/72).
Application for permit renewal filed.
Application for permit renewal filed.
Application for permit renewal filed.
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LTTR 38 ENCL 38
BWRVlP BWR Vessel 8 Internals Project Issue Management and Resolution December 13, 1994 U.S. Nuclear Regulatory Commission Washington, D.C., 20555 Attention:
Document Control Branch
SUBJECT:
Request for Additional Information (RAI) Regarding BWR Core Shroud Generic Safety Assessment:
BWR Conductivity by Fuel Cycle
Reference:
[1]
Letter, dated11/10/94, BWRVIP to NRC, same subject.
The subject RAI requested conductivity information by fuel cycle. The requested information is provided in the enclosed proprietary GE report. The report provides information with alpha designations in place of plant names. The enclosed proprietary GE letter provides the plant names corresponding to the alpha designations in the report.
The attached affidavit identifies that the GE letter and report have been handled and classified as proprietary to GE, and should be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
Ifyou have any questions, please contact me at (919) 546-7959.
- Regards, Vaughn Wagoner, Technical Chairman BWRVIP Assessment Subcommittee c:
D.S. Brinkman, NRC Project Manager J. T. Beckham, Jr., BWRVIP Chairman S. LaBruna, BWRVIP Vice Chairman R.A. Pinelli, BWROG Chairman K.P. Donovan, BWROG Vice Chairman BWRVIP Assessment Subcommittee Members Qr
/nb 94i22200ii 94i2i3 2 fA, i
Ig/'DR ADQCK 0500046i p(g P
i na Reply To:J. T. Beckham, Jr., BWRVIP Chairman, Southern Nuclear Operating Co., 42 Inverness Center Parkway, Birmingham, AL 35242
~ (205) 877-7279
~ Fax: (205) 802-0393
(
General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:
(1) I am Project Manager, Licensing Services, General Electric Company ("GE") and have been delegated the function ofreviewing 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 contained in the GE proprietary report GENE-523-A178-1294, entitled BÃ% Reactor 8'ater Mean Value Conductivity by Fuel Cycle, dated December 1994 and the GE letter, dated December 9,
- 1994, entitled Plant Names for BWZVIP Conductivity Report.
This information is delineated by bars marked in the margin adjacent to the specific material.
(3) In making this application for withholding of proprietary information of which it is the owner, GE 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 10 CFR 9.17(a)(4),
2.790(a)(4),
and 2.790(d)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4).
The material for which exemption from disclosure is here 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 Ma s Ener Pro ect v. Nuclear Re ulato Commission 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Grou
- v. FDA, 704F2d1280 (DC Cir. 1983).
(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, including supporting data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.
Information which, ifused by a competitor, would reduce his expenditure of resources or improve his competitive position in the
- design, manufacture, shipment, installation, assurance ofquality, or licensing of a similar product; Anidavit Page j.
(
c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers; d.
Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraph (4)b. above.
(5)
The information sought to be withheld is being submitted to NRC in confidence.
The information is of a sort customarily held in confidence by GE, 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 GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to 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 (6) and (7) following.
(6)
Initial approval ofproprietary treatment ofa document is made by the manager ofthe 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 GE is limited on a "need to know" basis.
(7)
The procedure for approval of external release of such a document typically requires review by the staF manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate),
and by the Legal Operation, for technical content, competitive eHect, and determination ofthe accuracy ofthe proprietary designation.
Disclosures outside GE 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.
(8)
The information identified in paragraph (2), above, is classified as proprietary because it contains detailed historical and analytical results compiled by GE at a significant cost to GE, on the order of a million dollars.
This information would provide other
- parties, including competitors, with information from GE's technical data base.
AQidavit Page 2
(i
Release of this information would improve a competitor's position with the competitor having to expend similar resources for the development ofthe data base.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and Foreclose or reduce the availability ofprofit-making opportunities.
The information is part of GE's comprehensive BWR 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 oftime and money by GE.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficultto quantify, but it clearly is substantial.
GE's competitive advantage willbe lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or ifthey are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GE would be lost ifthe information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure ofresources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
AfIidavitPage 3
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George B. Stramback, 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 ofhis knowledge, information, and belief.
Executed at San Jose, California, this ~3 day of P~~
1994.
Ge rge tramback General Electric Company Subscribed and swum before me this~ day of 1994.
PAUlA F. MUSSptr COMVl.Sle46lg z
Notate P~c Colifofftlo g
SANTACtAPACOUNlY MyComm. EJtplrea DEC l.l998 Notary Public, State ofCalifor MidavitPage 4