ML19260G300

Forwards Proprietary Info for Fsar.Includes Info Re Initial Core Fuel Design for Use of Gadolinia & Offgas Sys Technology.Affidavit for Withholding Encl.Info Available in Central Files Only

ML19260G300
Person / Time
Site:	Clinton
Issue date:	09/17/1980
From:	Wuller G ILLINOIS POWER CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19260G301	List: ML19260G300
References
L31-80(09-17)-0, L31-80(9-17), U-0182, U-182, NUDOCS 8009240457
Download: ML19260G300 (6)

Text

. .

U-0182

/ / / /ND/S PO WER C D A f PA A'V "Z~"} L31-80(09-17)-0

_j m souTs ma sTsuT. otceaum ausois as September 17, 1980 Mr. Darrell G. Eisenhut, Director Division of Licensing Office of Nuclear Reactor Regulation U.S. Nucl ear Regulatory Commission Washington, D.C. 20555

Dear Mr. Eisenhut:

Submittal of Proprietary Information for FSAR Clinton Power Station Units 1 & 2 Docket Nos. 50-461 and 50-462 Illinois Power Company herewith transmits the proprietary information for the Clinton Final Safety Analysis Report (CPS-FSAR). Forty (40) copics of the FSAR proprietary material are furnished, and we kindly rec ues t that this information be withheld from public disclosure anc considered as proprietary to the General Electric Company (GE) pursuant to Section 2.790 of 10CFR Part 2.

The GE proprietary information consists of Initial Core Fuel Design information related to the use of gadolinia and Offgas System Technology. Specifically, the foll1 wing CPS-FSAR material is sub-mitted herewith:

a. Initial Core Fuel Design (Figures 4.3-3 through 4.3-6, 4.3-12, 4.3-13, and 4.3-16 through 4.3-19)

b. Offgas System Technology (Table 11.3 3 and Figures 11.3-1 and 11.3-2)

It is our position and that of the General Electric Company that these documents contain information and are of the type which GE customarily maintains in confidence. Attached for your information is the GE affidavit which attests to the pro 3rietary nature of the FSAR material which we are requesting be witaheld from public disclosure.

Respectfully submitted, ILLINOIS POWER COMPANY d., e G. E. Wuller Supervisor-Licensing Nuclear Station Engineering GEW:dl attach.

cc: B. C. Buckley, NRC Clinton Project Manager (w/o att.)

H. H. Livermore, NRC Resident Inspector (w/o att.)

8000240 457

Gt NERAL ELECTRIC C0MPANY AFFIDAVIT 1, Glenn G. Sherwood, being duly sworn, depose and state as 'ollows:

1. I am Manager of Safety and Licensing, 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 consists of the following figures as filed with the NRC as part of the Clinton Power Station Units 1 & 2 - Final Saf ety Analysis Report (CPS-FSAR):

A. Initial Core fuel Design (Figures 4.3-3 thru 4.3-6, 4.3-12, 4.3-13 and 4.3-16 thru 4.3-19).

B. Offgas System Technology (Tables 11.3-3 and Figures 11.3-1 and 11.3-2).

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

mproper 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 nim to guard the secrecy of the information; (4) the value o# the information to him and to his competitors; (b) the amount of effort or money expended by him in developing the information; (6) the ease o.' 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 inf ormation Are:

GENERAL ELETR C COMVNY

?luPilETARY INFORMCION

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 competi-tive economic advantage over other companies;

b. Information consisting of supporting data and analyses, includ-ing test data, relative to a process, method or apparatus, the application of which provides 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, produc-tion 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-f unded development plans and programs of potential commercial value to General Electric;

f. Information which discloses patentable 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 tr atment 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 tnat it is in the public interest for the staf f to be promptly furnished with signifi-cant or potentially significant information. Furnishing the docu-ment on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the inf ormation while protecting General Electric's potential proprie-tary position and permitting General Electric to insure the public documents are technically accurate and correct.

GENERAL ECTRIC COMPANY PRO?Rl!TARY INFORMATION

6. Initial approval of proprietary treatment of a document. is made by the Subsection Manager of the originating component, the man most likely to be acquainted with the value and sensiti vity of the infor-mation 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.

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 ef fect and deter-mination of the accuracy of the proprietary designation in accord-ance 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 only in accordance with appropriate regulatory provisions or proprie-tary 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 if proprietary and which is customarily held in confidence by General Electric.

9. The information in the CPS-fSAR, considered proprietary to General Electric, consists of Initial Core fuel Design information related to the use of gadolinia and Offgas System Technology.

10. The inf ormation, to the best of my knowledge and belief, has con-sistently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. A'1 disclosures to third parties have been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

11. 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 availa-bility of profit-making opportunities for the following reasons:

A. Initial Core Fuel Design

1. The cost of developing the proprietary information in the figures mentioned in paragraph 2A abcve is estimated to be 5600,000.

Extensive modification to lattice computer codes to account for gadolinia, and reactor surveillance of gadolinia bear-ing fuel, including gamma-scan of exposed fuel, reactivity monitoring, etc., have required the expenditure of 5500,000 in labor and computer costs. Although we cannot estimate costs incurred for the other items, they should be included.

GENERAL ELE TR C C0YPMY PROPRIETARY INFORMAT B

2. The development of gadolinia technology has been in progress since 1969. This has required:

a. Extensive experimental programs at Vallecitos to confirm nuclear and material properties.

b. Extensive modification to lattice camputer codes to account for gadolinia.

c. Reactor surveillance of gadolinia bearing fuel.

This includes gamma-scan of exposed fuel, reactivity monitoring, etc.

d. Development of manufacturing techniques and QA procedures.

e. Modifications to Manufacturing Facilities.

3. The competitors likely to gain from disclosure of this information are, directly; Exxon, who competes directly with Gei.eral Electric for reload fuel contracts and General Electric licensees, wno would otherwise purchase this information from General Electric, and, s irectly; Westinghouse, Babcock and Wilcox, and Combus m Engineering.

4. Competitors in the reload fuel market lack the methods capability and experience .(hich GE has developed. Knowing the design information in the figures would allow them to reduce the uncertainty factors included in these reload fuel bids. This would cause GE to lose its current competi-tive advantage.

5. Availability of this information to competitors would enable them to utilize this information without similar expenditures of effort and money.

6. The information sought to be withheld is not available in public sources.

B. Offgas System Technology

1. The cost of developing the proprietary information ir the Table and Figures mentioned in paragraph 2B above, as detailed in Table I, exceeds $3,071,000.

2. We believe the difficulty of obtaining information, such as the above represents, is substantial; as our engineering would have to be duplicated in large part.

GENERL RECTR'C CON 3MY PROPRIETMY AF0WATION

3. Our competitors are CTI-Nuclear, Ebasco, Suntac, CVI, Stone and Webster, Air Products & Chemicals, Linde, Airco, AEG*, Hitachi*, Toshiba*

4. Commercial advantages to the competitors include cost savings if the information were f ree, allowing reduced write-off, possibly resulting in underbidding GE. At the same time the competitor's products could be improved to incorporate the features which presently provide GE with a competitive advantage.

5. GE's competitive position as supplier of about 80's of the BWR plant offgas system would be harmed to the extent described above.

6. The nature of the damage would be loss of cost advantage from engineering development involved and potential serious inroads in future sales of GE offgas systems.

7. The information contained in the offgas system drawings and process data table is not available f rom commercial sources and has been protected by GE proprietary stamps and handling for some years.

Glenn G. Sherwood, 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 s.

Executed at San Jose, California, this 21 day of Ognbe r , 1979.

l 6 thetW od General Electric Company STAT [ OF CALIFORNIA )

COUNTY OF SANTA CLARA ) ss:

il -

Subscribed and sworn bef ore me this.'d day of _ c'[<[s /u" 197j u s - -c<.c.c.c ~ c w m gpp OFFICIAL SEAL

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K Q sh RUTHE M. KINNAMON ~

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( NOTARY PUBLIC IN AND FOR SAID y

COUNTY AND STATE m cnu w .sa, we c4 on at/91H 5 tIcates T GE licensees who can obtain information from GE, but have to pay for it, and are cllowed and do bid in competition with GE under the license.

GENERE il_ ECTR COMPANY

?ROPRIETARY N 0RMATION

TABLE I APPROXIMATE EXPENDITURES FOR THE DEVELOPMENT OF PROPRIETARY OFFGAS SYSTEM INFORMATION IN CPS-FSAR 1, Cost of Offgas System Technology and Development (1968 to 1979)

a. German Licensing Cost and Consultation 5 6,000

b. Design Study (7 man years) 270,000

c. Development Support (18 man years) 780,000 Test Equipment 900,000

d. Design Development, System and Equipment 1,050,000 (25 man years)

e. Startup Special Test - Verification of Design Performance Equipment 35,000 Labor 30,000 lotal Approximate Cost $3,071,000 1

GENEillELECTR C COM3AN.

PR'3R :TARY IN:0RMATIJN TC:at/911