ML19338D722
| ML19338D722 | |
| Person / Time | |
|---|---|
| Site: | Allens Creek File:Houston Lighting and Power Company icon.png |
| Issue date: | 09/19/1980 |
| From: | Culp R LOWENSTEIN, NEWMAN, REIS, AXELRAD & TOLL |
| To: | Cheatum E, Linenberger G, Wolfe S Atomic Safety and Licensing Board Panel |
| References | |
| NUDOCS 8009230691 | |
| Download: ML19338D722 (15) | |
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'5 LAW OFFICES O
LowENSTEIN, NEWMAN, REIs, AXELRAD Sc TOLL 05-19 102S CONN ECTICUT AVENUE, N. W.
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September 19, 1980 y
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2*":ll 7' Mr. Sheldon 6. Wolfe, Chairman Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
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Leonard Cheatum Route 3, Box 350A Watkinsville, Gerogia 30677 Mr. Gustave A. Linenberger Atomic Safety and Licensing Board Panel U.S. Nuclear Regulatory Commission Washington, D.C.
20555 Re:
In the Matter of Houston Lighting & Power Company (Allens Creek. Nuclear Generating Station, Unit 1)
Docket No. 50-466 Gentlemen:
At the prehearing conference held in this proceeding on August 13,.1980, the Board directed the Applicant to submit to the Board affidavits executed by officers of the General Electric Company and Brown & Root, Inc. to support the claims of these companies that certain documents be afforded pro-tective' treatment.
(Tr. 1710). See ASLB Order, pp.5-6 (August 21, 1980) and Order (September 12, 1980).
Applicant herein transmits the attached affidavits in compliance with the Board's Order.
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September 19, 1980 Page 2 i
The two affidavits-*/
of William G. Gang (General Electric) relate to' documents'which were the subject of protective orders issued by the Board on January 29, February 4, April 29, i
May 16 and June-27, 1980, and the' affidavit of Stephen H. Grote (Brown & Root) relates to the document which was the subject-of a protective order issued by the Board on April 18, 1980.
Sincerely yours, h
Robert H. Culp
-*/
The affidavit of William G. Gang relating to the General Electric document known as the Reed Report was. executed today by the affiant in San Jose, California.
Since there was insufficient time to transmit the affidavit from California, we are filing herein a telecopy of the executed affidavit.
The original will be filed with the Board in the next few days.
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'BEFORE'THE ATOMIC' SAFETY AND LICENSING BOA] Lp In the Matter.of'
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Lowanctcin, Newman,'Reis,
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DOCKETED 6
USNRC-
-SEP g9,gg p AFFIDAVIT 0# ice of the Sacretsb Docteung a 3,,,7c, Besnch I,-William G.
Gang,-first-being sworn, depose and state o>
follows:
1.
I am Manager, BWR. Projects Licensing for General Electric Company and have been; authorized by General Electric Company to state - that General Electric. Company' considers information described in Paragraph-2 of this affidavit as proprietary information; that is, trade' secrets and commercial or financial information which should be keptL privileged. or confidential pursuant :to 5 U.S.C. S 552b (c) (4).
2.
/ General Electric Company has produced various proprietary documents to. Intervenor John F.. Doherty for-his inspection and copying..
. General Electric Company. believes that certain parts of
~
these documents relate to or contain information which is of a confidentialior' a proprietary nature, the release or disclosure of
'; which s tolthird parties ' could. seriously. impair ~ General Electric-JCompany's; relationships withfits competito'rs.
These documents were:
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NEDE121175-P,."BWR/6 Fuel. Assembly Evaluation of
[ Combine'd Safety Shutdown Earthquake and LOCA
- Loadings."-
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NEDO 21078-P, " Test.Results Employed by General Electric Company for BWR Containment and Vertical Vent Loads."
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NEDO'20948-P,."BWR/6 Fuel Design."
d.-
" Core-Power: Distribution Study (p roprietary ). "
e.-
" Assessment of.BWR Mitigation of ATWS.(NUREG-0460 Alternate No. 3) May, 1979."
f.
-Allens Creek-Nuclear-Generating Station Preliminary Safety Analysis-Report, Table-4.2-18, " Fuel Rods
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Stress Design Limits."
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General Electric Company Report 22A4365, " Interim Containment-Loads Report--Mark III Containment (revision.to)."
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NEDE 21606-P, " Mark III 130 Area Scale Submerged Structure Tests."
3.
In. desigating material as proprietary, General Electric utilizes the definition of proprietary.information and trade secrets cet forth in the American Law Institute's Restatement of Torts, Section(757. 'This' definition provides:
L A trade secret may consist of any; formula, pattern,: device or compilation of information which isinsed in one's busine'ss and which
~ gives him an. opportunity to obtain an
' advantage over:. competitors who do not know or use'it..
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A~ substantial element'of secrecy must exist, so.that, except by; the use_ of improper means,- there would be diffi-culty,in acquiring information:..
Some
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whetheri 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 LJ 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; and (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 4 -
General Electric's competitors without license J
from General Electric constitutes a competitive economic-advantage over other companies; b.-
Information consisting of supporting data and
- analyses, including tests data, relative to a process,J method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability.
c..
Information which if used by a competitor, would c reduce' his expenditure of resources or improve his
' competitive position in-.the design, manufacture,
- shipment, installation, assurance'of quality or licensing _ofLa similar product;-
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Information which. reveals cost or price information, pro' duction l capabilities, budget levels or commercial strategies of General Electric,- its ' customers or-suppliers ;
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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 desirable to obtain patent protecticn; g.
Information which General Electric must treat as proprietary according to agreements with other parties.
5.
Within General Electric Company, access to documents containing proprietary. information, including the above-listed documents is limited on a "need to know" basis and such documents, including these reports, are clearly identified as proprietary.
6.
These documents, to the best of my knowledge and belief, have monsistently been. held in confidence by General Electric.
No i
public disclosure has been made ~ and they are not 'available in public sources.. Disclosure of the contents of these documents outside of General Electric Company has -been limited to'specifically
-required instances.-
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. These documents have been evaluated in accordance with the criteria listed above and have been found to contain information which.is proprietary and which is. customarily held in confidence byj General Electric.
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Public disclosure of the information sought to -be withheld is likely to cause substantial harm to the competitive position of-General Electric Company and de'prive or reduce the availability of profit-making opportunities because disclosure could enable competitors to obtain a better understanding of our product concerns and programs and utilize this -information so as to adversely impact General Electric sales.
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William fa. Gadg Subscribed and sworn to before me this /[
day of September,
'1980.
OYF CIAL EAL ab
. KAREN 5.' VOCELHUBER
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Ib p%
Offet tA tw facrets" THE ATOMIC SAFETY AND LICENSING BOARD 3
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In t.he Matter of HOUSTON LIGHTING & POWER CO.
Docket No. 50-466
'illens Creek Nuclear Generating Station, Unit 1)
X COUNTY OF HARRIS X
I, Stephen H.
Grote, first being sworn, depose and state as follows:
1.
I am Senior Vice President of the Power Division for Brown & Root, Inc. and have been authorized by Brown &
Root, Inc. to state that Brown & Root, Inc. considers infor-mation described in Paragraph 2 of this Affidavit as pro-prietary information; that is trade secrets and commercial or financial information which should be kept privileged or confidential pursuant to 5 U.S.C. S552b (c) (4).
2.
Brown & Root, Inc. has produced various proprie-tary documents to Intervenor, TexPirg for its inspection and copying.
Brown & Root, Inc. believes that cert in parts of these documents relate to or contain information which is of a confidential or a proprietary nature, the release or disclosure of which to third parties
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'.s could seriouslyLimpair Brown
&. Root,.Inc.s relationships
. ith iits competitors. : These documents were:
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-South Texas. Nuclear. Project Quality Assurance'and Quality Control, Management AssessmentESurvey'for Brown 1& Root, Inc.
(January 1980).
5.-
Within Brown & Root, Inc., access to documents containing proprietary information, including the above listed documentsLis limited on a "need to know" basis and such documents, including this report, are clearly iden-tified~as proprietary.
6.
These-documents, to the best of my knowledge and belief, have consistently been held'in confidence by Erown &
Root,. Inc.. No public' disclosure'has.been made and they are not availablelin public sources.
Disclosure of the contents of these documents outside of Brown & Root, Inc. has been limited to specifically required instances.
7.
Public disclosure'of the information sought to
- be' withheld will cause substantial harm to the individuals who provided information~for the preparation of their report.
The lndividuals who were interviewed for the preparation of 3
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.-the report were promised complete confidentiality and
-secrecy and their cooperation-.would be severely compro-
'mised in future perfo,nnance 'of their duties.
The release of the contents of the report sought to:be protected would be in violation of the agreement by which the infor-mation collected for the report was obtained.
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nr STEPHEN' H.
GROTE Senior Vice President of Power' Division-SUBSCRIBED AND SWORN TO before me this //
ay of f>yAwfln >
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.BEFORE TE ATONIC SAFETY AND LICH5IE BOARD m.
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500STOR LIGHTIM & POWER COMPANY
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(Allens Creek helear Generating
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I, William G. Gang, first being svorn~, depose.and state;at
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followsf f-cl. / i am Mansi er, BWR Projects Licensing for (,eneral Electric 3
capany and'have been'.authorised by General Electric. Company:to
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state that' General Electric Company considers information described
. in' Paragraph 2 'of this affidavit as' proprietary informationt that is,
,. trade secrets and comercial or' financial information which should
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be~tept pr'ivileged or ' confidential pursuant to 5 U.S'.C. I 552b'(c)(4).
2, Generil Electric ' Company has produced matedal.conta$ned in e
or reihted to Neneral' Blectric's Nuclear Reactor' Study on'.the. subject of GE s-561115g Watir hacer Nuclear Steam Supply System which had beenjreparAh under the direction and supervision.of.Dr. Giarles hed in 1975.;(fthe ' nee 6 hporP) to Intervenor' John F.' DONrty foh his
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inspection. The need kport was the product of a study conductid at?
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the regnest of the Chairaan of the. Board of General Niectric Cospany-n.
by a task,Soros' dsired by Dr? diarles E{ Reed, Senid Vice President
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!!or Corporate Strategic' Planning and Studies,' General Elastric Company.
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This hihiy telfinical stsdy had the objective of determining the' buic l
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o requirmients for continuing impronment in the availability and 4
capability of nuclear, plants annufactured by General Electric. Se i
1 principal purpose of. the study was :to provide a basis for'. assessing the o-
?_lew1 of corporate resources--including engineering and denlopment
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Lsuccess. In additiod, the task force.made neerous recommendations l
T' intended to isprove the availability of nuclear plants manufactured t..
by General 51,ectric..hase recessendations dealt with owrall design, 4..
considerations, as well as with speellic components andhrvices.
Recommendations were nede concerning development and tesi fa.cilitiis,.
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nanagcment and organization. Se ked kport candidly discusses opportmities for impronment in General Electric's product line l
and organisation;and recomends steps to strengthen General Electric's a=petitin position. General Electric cospany bellows that this docaent relates to or contains information whid.is of a confidential I
. or a proprietary nature, the releare~ or disclosure of which to third i
parties' could serionely ispair General Electric Company's relation-,
. ships with its competitors.
In Esignating' anterial as proprietary, General Electric
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utilises the definition of proprietary information and trade secrets 1
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set forth. in the American Law Institute's Restatement of Tbir.s, i
section 757.Etis definition provides:
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w A trade secret may consist of any formula, pattern, device or compilation of information did is used in coe's bainess and did gives him an opportunity to obtain an advantage over competitors who do not know or use it.... A substantial element'of i
secrecy must exist, so that, except by the use of igroper means, there would be diffi-culty in acquiring linformation.... Some 3
factors to be considered in determining whether given information is one's' trade A
secret ares (1) the extent to which the information is known ^outside of'his business; (2) the extent to which it is known by, esployees and others involved in his business; (3) the extent of asasures taken by him to
. guard the secrecy of the informations (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 informations and (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:
Information that discleses a process, method i
a.
or apparatus where prevention of its use by General Electric's competitors without license from General 1:lectric constitutes a competitive i
~
econcale advantage over other companies; b.
Information consisting ~of supporting data and analyses, including tests data, relative to a
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, process, method or apparatus, the application of which provide a competitive' economic advantage, e.g., by optimisation or igroved marketability.
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. shipment, installation, assurance 'of qualidy 'or-s, N ' : lice 5 sing ~of.a'slailir productp i d..
Inforsati$n which reveals cost ~ or hricei 0
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information, production, capabilities', budget.'
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hformation which discloses patentable subject'
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'is 11 sited W,.a '.need to know" basis and such documents, including
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The ked kport, to the'best of my knowledge and belief, has ' nsistently been held in confidence by Gmeral Electric.
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public disclosure has hen made and it is not available in publi socroes. Disclosure of its contents'outside of General E
.-_. _.. been linited to specifically required instances.
' 7.
We Reed Report has been evaluated in.accordance with
~the criteS'a~11Nted above and have been found whi.& is proprietary and which is customarily held'in confidenm
.by General Electric..
8.
Public disclosure of the inforration sought to be withheld is. likely to cause substantial harm to the competitive position of General Electric Coapany and deprive or reduce the availabi ifit-making opportunities because disclosure could enable com 3
to obtain a better understanding of our product concerns and and utilize this information so as to adversely inpact General Ele sales.
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Williat G.' G8Dg Subscribed and sworn to before se this / f day of September, 1980.
secoememomeconomeesec 0FFICLAL SEAL -
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