ML19340C785
| ML19340C785 | |
| Person / Time | |
|---|---|
| Site: | 05000447 |
| Issue date: | 12/02/1980 |
| From: | Sherwood G GENERAL ELECTRIC CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| References | |
| MFN-210-80, NUDOCS 8012170444 | |
| Download: ML19340C785 (5) | |
Text
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NUCLEAR POWER SYSTEMS DIVISION GENERAL ELECTRIC CCMPANY.175 CURTNER AVE.. SAN JOSE CALIFORNIA 95125 MC 682, (408) 925-5040 MFN-210-80 December 2, 1980 l
l U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D. C.
20555 Attention:
H. R. Denton, Director Gentlemen:
SUBJECT:
SUBMITTAL OF PROPRIETARY INFORMATION FOR REVIEW 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II);
DOCKET NO. STN 50-447; AMMENDMENT N0. 1 General Electric is submitting 5 copies of the proprietary portion of Amendment No. 1 pertaining to the safety / relief valve actuation Mark III containment, which we are requesting be withheld from public disclosure and considered as proprietary pursuant to Section 2.790 of 10 CFR Part 2.
The information contained herein provides results of tests and calcula-tions in response to Strff information requests regarding safety / relief valve actuation methodology.
It is, therefore, requested that this docu-ment be included in the review of GESLAR II and that it be held in confidence and not be released for publication or otherwise disclosed.
The nonproprietary version of this information is contained in Amendment No. 1 and is provided under separate cover.
Sincerely, Glenn G. Sherwood, Manager i
Safety and Licensing Operation GGS:hjr/290 k
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GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager of Safety and Licensing Operation, 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 is contained in Proprietary Supplement to Appendix 3B of 27 "aclear Island General Electric Standard Safety Analysis Report (GESSAR II).
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 improper 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 exterit 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 l
effort or money expended by him in developing the information;
'O the ease or difficulty with which the information could be
<-ly acquired or duplicated by others."
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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 competi-tive economic advantage over other companies; b.
Information consisting of supporting data and analyses, includ-l ing test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability; l
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c.
Infcrmation 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-funded development plans and programs of potential commercial value to General Electric; f.
Information which discloses patentable sabject matter for which it may be desirable to obtain patenc protection; g.
Information which General Electric must treat as proprietary according to agreements with other parties.
5.
Initial approval of proprietary treatment of a docunent is made by the Subsection Manager of the originating component, the man 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 at all times are clearly identified as pro-prietary.
6.
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 effect and deter-mination of the accuracy of the proprietary designatien in accor-ance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, cus-tomers and potential customers and their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.
7.
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 is proprietary and which is customarily held in confidence by General Electric.
8.
The information presented in the proprietary supplement of 22A7000, Revision 1, provides test results and analytical method discussions which have been identified as proprietary in previously submitted documents.
9.
The information 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. All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
i 4
10.
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 tne avail-ability of profit-making opportunities because:
a)
It was developed with the expenditure of substantial resources exceeding $25,000,000.
b)
Public availability of this information would deprive General Electric of the ability to seek reimbursement, would permit competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric.
c)
Public availability of the information would allow foreign competitors, including competing BWR suppliers, to obtain containment information at no cost which General Electric de-veloped at substantial cost. Use of this information by foreign competitors would give them a competitive advantage cver General Electric by allowing foreign competitors to product their containments at lower cost than General Electric.
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.
Executed at San Jose, California, this 1 day of [ M b 1980.
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Glenn G. Sherwood l
General Electric Company STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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l Subscribed and sworn before me this d day of /Oad,1980.
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UNITED STATES 0F AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
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General Electric Company )
Docket No. STN 50-447 Standard Plant
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SUBMITTAL 0F PROPRIETARY INFORMATION FOR REVIEW 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)
General Electric Company, applicant in the above captioned proceeding, hereby submits proprietary information to be included in the review of the 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSARII).
i This proprietary material is part of Amendment No. I which amends GESSAR II by furnishing information in response to the questions con-tained in the Connission's letter dated July 22, 1980 pertaining to safety relief valve actuation methology. This proprietary amendment also includes the Appendix 3B proprietary information for the initial submittal of GESSAR II made March 31, 1980.
Respectfully submitted, General Electric Company by:
G. G. Sherwood, Manager l
Safety and Licensing Operation Subscribed and sworn to before me this A day of $rre a w s, 1980.
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