ML20012A822

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Forwards Nonproprietary Rept E117-1001, NM-1000 Software Functional Spec & Proprietary Rept E117-1002, NM-1000 Software Verification Program. Proprietary Rept Withheld (Ref 10CFR2.790)
ML20012A822
Person / Time
Site: General Atomics
Issue date: 02/22/1990
From: Asmussen K
GENERAL ATOMICS (FORMERLY GA TECHNOLOGIES, INC./GENER
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19293A201 List:
References
38-1520, NUDOCS 9003120633
Download: ML20012A822 (4)


Text

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a M AFMNCS February 22, 1990 38-1520 U.S. Nuclear Regulatory Commission l

Document Control Desk I

Washington, DC 20555 Attention:

Mr. Alexander Adams

Subject:

Docket No. 50-89:

Reactor Facility License No. R-38; Affidavit with Request for protection of Proprietary Information

Reference:

Adams, Alexander Jr. letter to Keith E. Asmussen dated February 1, 1990

Dear Mr. Adams:

In response to your request (Reference), enclosed are non-proprietary versions of the following two documents:

1.

General Atomics' Report No. E117-1001, "NM-1000 Soft-ware Functional Specification," dated March 1989.

2.

. General Atomics' Report No. E117-1002, "NM-1000 Soft-I l

ware Verification Program," dated March 1989.

The non-proprietary versions of the above two reports have had those portions that are proprietary in nature blacked out.

GA j

has exercised due diligence in blacking out only those words, I

phrases, paragraphs, etc. that would disclose proprietary infor-mation.

The items so murked refer to proprietary details regard-ing the use of certain types of circuits, smoothing algorithms, timing parameters and communication parameters.

l The public disclosure of the information sought to be with-l held would put GA's competitive position at serious risk.

This l

was clearly evidenced by our recent loss of a contract to a competitor.

Finally, please note that when the subject documents were provided to NRC, it was GA's understanding that their submittal was'not with regard to the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, or order, or regarding a rule making procedure.

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pnn 10955 JOHN JAY HOPKINS DRIVE SAN DIEGO, CA 921211194 PO. DOX 85608. SAN DIEGO. CA 92136 5608 (619)455 3000

1 U.S. Nuclear Regulatory Commission February 22, 1990 38-1520 Page 2 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, n *-

Keith E. Asmussen Manager, Licensing, Safety and Nuclear Compliance KEA:shs 341.2 j

Enclosures:

GA Report Nos. E117-1001 & E117-1002 (modified)

Affidavit i

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i L.'

1 i

NN AFFIDAVIT The undersigned, the Managing Director of General Atomics'

("GA") TRIGA Group, avers that he has read the accompanying and attached application for withholding portions of two specific

)

documents from public disclosure, as well as having reviewed the content of the documents themselves.

It is specific portions of the following GA documents that are to be withheld:

Documents E117-1001 and E117-1002.

Non-proprietary versions of these docu-ments are provided to NRC with the attached application.

The proprietary information contained in the said documents has been held in confidence by GA.

It is made available only to those who must know it in order to evaluate the safety character-istics of the system.

The documents were made available to NRC upon NRC's explicit request, they were so provided in confidence, and were so marked (stamped).

The proprietary information contained in documents E117-1001 I

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 for holding this information in confi-dence lies in its commercial utility and the competitive advantage it affords the owner.

Accordingly, GA asks NRC to handle such information in con-fidence.

It is not available from public sources, and its disclosure by NRC would cause substantial harm to GA's competi-tive position in a wholesale market valued at approximately $2 million per year.

GA has expended approximately $1,100,000 of private funds in developing the trade secrets described in these documents, so the value ratio between that development cost and indicated market is substantial.

Others presently engaged in the same or similar business appear not to have developed the same information.

Date:

February 22, 1990 Robert H.

Chesworth STATE OF CALIFORNIA

)) ss.

COUNTY OF SAN DIEGO

)

On this the 22nd day of February, 1990, before me, Linda R.

Eady, the undersigned Notary Public, personally appeared Robert H.

Chesworth, 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.

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LMDA R.1%DY

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Notary

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SAM DeGO QOUNTY toy comm Em Ausmiset

.10955 JOHN JAY HOPKINS DRIVE SAN DIEGO, CA 921211194 PO. BOX 85608. SAN DIEGO. CA 92138-5 0 8 (619)455-3000

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