ML19332E683
| ML19332E683 | |
| Person / Time | |
|---|---|
| Site: | General Atomics |
| Issue date: | 12/06/1989 |
| From: | Asmussen K GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER |
| To: | Alexander Adams NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| 38-1486, NUDOCS 8912110141 | |
| Download: ML19332E683 (3) | |
Text
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December 6, 1989 38-1486 U.S.-Nuclear Regulctory Commission
' Document Control Desk Washington, D.C..
' Attention:
Mr. Alexander Adams
Subject:
Docket No. 50-89:
Reactor Facility License No.
R-38; Affidavit with Request for Protection of Proprietary Information
Reference:
- Whittemore, W.
L.,
letter to Dr. Alexander Adams dated January 5, 1989
Dear Mr. Adams:
in~ January 1989,-General Atomics'(GA) sent to NRC a s
courtesy copy of its 10 CFR 50.59 review of the installa-tion of a-new computerized console for GA's Mark I TRIGA
' reactor (Reference).
Subsequently, additional supplemental information was requested.
This requested supplemental information was sent to NRC by GA's Mr. William Hyde.
Recently,oGA bid on a contract to provide a computerized console for a U.S.
researcb reactor and lost the contract to a. Canadian firm.
Consequently, GA is quite concerned about losing its competitive position.
Accordingly, GA
'hereby requests that certair. information it has.sent to NRC relative to the' subject 10 CFR 50.59 review, and which is GA proprietary information, be afforded the requisite protection as provided under 10 CFR 2.790.
.The proprietary information for which GA is requesting protection is the following:
- The entire General Atomics' report no. E117-1001,
'NM-1.
a.
-1000 Software Functional Specification," dated March 1989.
2.
The entire General Atomics' report no. E117-1002, "NM-1000 Software Verification Program," dated March 1989.
3.
Chapters 3 and 4 and Appendices B, D,
E and F of General Atomics' " Safety Evaluation Under 10 CFR 50.59/ Microprocessor Based Instrumentation and Control System for the General Atomics TRIvA Mark I Reactor,"
December 1989; also referred to as T2 IGA Reactors Facility (TRF) document no. 252 or 0 3-252.
8912110141 891206 ADOCK0500ggg9 gogo DR l
10955 JOHN JAY HOPKINS DFWE, SAN DIEGO, CA 92121 1194 PO. BOX 85608, tiAN DIEGO. CA 92138-5608 (619)455-3000 8 (
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I The subject correspondence / documents were not intended to be considered as being with regard to the issuance, denial, amendment, transfer, renewal, modification, suspension, i;
revocation, or violation of a license, permit, or order, or regarding a rule making procedure.
Therefore we feel our request is justified and our competitive position is at serious risk'if it is denied.
An affidavit supporting this request is enclosed.
If you have any questions regarding this matter or require any additional information, please contact me at (619) 455-2823.
Very truly yours, o
l Keith E. Asmussen, Manager Licensing, Safety and
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Nuclear Compliance d
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Enclosure:
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AFFIDAVIT The undersigned, the Director of Business Development of General Atomics' ("GA") TRIGA Group, avers that he has read the accompanying and attached application for withholding specific documents from pub-lic disclosure, as well as having reviewed the content of the docu-
- ments themselves.
The specific GA documents or portions thereof to be withheld are: Sections 3 and 4 and Appendices B, D,
E and F of document TRF-252 (i.e., GA's safety evaluation under 10CFR50.59 for a microprocessor-based instrumentation and control system for the GA TRIGA Mark I Reactor) and documents E117-1001 and E117-1002 in their entity.
The information contained in the said documents has been held ir:
confidence by GA.
is made available only to those who must know it in order to evaluate the safety characteristics of the system.
It was made available to NRC upon NRC's explicit request and was so pro-vided-in confidence.
The information contained in Sections 3 and 4 and Appendices B, D, E and F of document TRF-252 and in documents E117-1001 and E117-1002 was developed at private expense for commercial purposes and is'of a type customarily held in confidence by an owner.
The rational basis therefore lies in its commercial utility and the competitive advantage it affords the owner.
Accordingly, GA asks NRC to handle such information in confi-dence.
It is not available from public sources, and its disclosure by NRC would cause substantial harm to GA's competitive position in a wholesale market ~ valued at approximately $2 million per year.
GA has l
expended approximately~$1,100,000 of private funds in developing the L
trade secrets described in documents, so the value rutio between that I
development cost and indicated market is substantial.
Others pres-ently engaged in the same or similar business appear not to have developed the same information.
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pacember 6, 1989 STATE'OP CALIFORNIA
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COUNTY OF SAN DIEGO
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On this the 6th day of December, 1989, before me, Linda R. Eady, the undersigned Notary Public, personally appeared Roger W. Schlicht, personally known to me to be the person who executed the within instrument.as Director of Business Development of General Atomics' TRIGA Group or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it.
Witness my hand and official seal.
OFFICIAL SEAL i
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UNDA R. EADY hotary Public-Califomia 8AN DIES 3 COUNTY Notary Publi My Conm Emp. Ass. 30.1991 10955 JOHN JAY HOPKINS OFWE, SAN DIEGO. CA 92121-1194 RO. BOX 85608 SAN DIEGO, CA 92138-5608 (619)455-3000
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