ML20012F331

Forwards GE Affidavit Requesting That All Drawings Presently Denoted as Proprietary in Rev 4 to Updated FSAR Re Offgas Sys Should Remain Proprietary (Ref 10CFR2.790)

ML20012F331
Person / Time
Site:	Grand Gulf
Issue date:	04/02/1990
From:	Cottle W SYSTEM ENERGY RESOURCES, INC.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
AECM-90-0059, AECM-90-59, NUDOCS 9004110154
Download: ML20012F331 (5)

Text

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William T. Cottle

)ua es April 2, 1990 U.S. Nuclear Regulatory Commission Mail Station P1-137

-Washington, D.C, 20555 Attention: Document Control Desk Gentlemen:

S(C&CT: Grand Gulf Nuclear Station Unit 1 Docket No. 50-416 1.icense No. NPF-29 Justification for Final Safety Analysis Report Proprietary Information AECM-90/0059 In AECM-89/0220, dated December 20, 1989 System Energy Resources, Inc.

(SERI) submitted updated Final Safety Analysis Report (FSAR) proprietary information to the NRC. This information (FSAR Figures 11.3-6, 11.3-7, and 11.3-8) was part of the updated FSAR, Revision 4, and concerned the offgas system.

SERI submitted these drawings as proprietary in accordance with FSAR Section 11.3.2.1.3. Subsequent to submitting these drawings, SERI requested General Electric to re-evaluate the status of all proprietary drawings contained in the Grand Gulf Nuclear Station (GGNS) FSAR. General Electric determined that all drawings presently denoted as proprietary in the GGNS FSAR should remain as proprietary drawings. In accordance with 10CFR2.790, attached is General Electricts formal justification for all FSAR drawings currently proprietary.

If you have any questions, please advise.

Yours truly, ca y- n_ _

WTC:mte Attachment cc: (See Next Page)

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AECM-90/0059

. Page 2 cc: Mr. D. C. Hintz (w/a)

Mr. T. H. Cloninger (w/a)

Mr. R. B. McGehee (w/a)

Mr. N. S. Reynolds (w/a)

Mr. H. L. Thomas (w/o)

Mr. H. O. Christensen (w/a)

Mr. Stewart D. Ebneter (w/a)

Regional Administrator U.S. Nuclear Regulatory Commission Region II 101 Marietta St., N.W., Suite 2900 Atlanta, Georgia 30323 Mr. L. L. Kintner, Project Manager (w/a)

Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission Mail Stop 14B20 Washington, D.C. 20555 l

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GENERAL ELEC. T RIC COMPANY .

AFFIDAVIT 1, David Robare, being duly sworn, depose and state as follows:

1. I am Manager, Plant Licensing Services, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sougit to be withheld and have been authorized to apply for its withholdmg.

2. The information sought to be withheld is contained in Grand Gulf UFSAR Figures listed l below:  !

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1. 43 2 C Lattice Dimensions in the High Enrichment Bundle

2. 43 3 Rod Designations in the High Enrichment Bundle

3. 43 4 Rod' e Designations in the Medium Enrichment Bundle

4. 43 5 Axial stribution in the High Enrichment Bundle

5. 43 6 Axial Distribution in the Medium Enrichment Bundle 6, 4312 Uncontrolled Local Power Distribution High Enrichment

7. 43 13 Uncontrolled Local Power Distribution Medium Enrichment

8. 4316 Uncontrolled LocalPower Distribution

9. 43 17 Uncontrolled Local Power Distribution 10 43 18 Controlled Local Power Distribution 11 43 19 Uncontrolled R Factor Distribution 12 113 1 System Flow Diagram Offgas System Unit 1 13 113 2 System Flow Diagram Offgas System Unit 1 14 113 3 System Flow Diagram Offgas System Unit 1 15 113 4 System Flow Diagram Offgas System Unit 1 16 113 5 P&I Diagram Offgas System 14w Temperature Unit 1 17 113 6 P&I Diagram Offgas System Low Temperature Unit 1 18 113 7 P&I Diagram Offgas System I.ow Temperature Unit 1 19 113 8 P&I Diagram Offgas Vault Refrigeration System Unit 1

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 'Ihis 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 information...Some factors to be considered in y 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 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 expanded by him ,

developing the information; (6) the case or difficulty with which the mformation could be properly acquired or duplicated by others "

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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 u use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or a )paratus, the application of which provide a competitive economic advantage, e.g., y optimization or improved marketability;

c. Information which if used by a competitor, would reduce his expenditures 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, production 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 end programs of potential commercial value to General Electric,

f. Information which discloses to obtain patent protection; patentable subject matter for which it may be des

g. Information wh!J mneral Electric must treat as proprietary according to agreements with other parties.

5. Initial approval of proprietary treatment of a document is typically made by the Subsection Manager of the origmating component, the person who is most likely to be acquainted with the value and sensitivity of the mformation in relation to industry knowledge. Access to such documents within the Company is limited on a "need to know" basis, and such documents are clearly identified as proprietary.

6. I The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project Manager, Principal Scientist or other equivalent authority by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitively effect and determination of the accuracy of the proprietary designation in accordance 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 then only whh appropriate protection by applicable regulatory provisions or proprietary agreements.

7. The information tabulated in paragraph 2 above has been evaluated in accordance with the above criteria and procedures anc, has been found to contain information which is .i proprietary and which is customarily held in confidence by General Electric.

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8. The information to the best of my knowledge and belief has consistently 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 thiro parties have been made pursuant to re latory rovisions of proprietary agreements which provide for maintenance of the in ormatio in confidence. .

9. 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 availability of profit making opportunities. A substantial effort has been expended by General Electric to develop this information.

STATE OF CALIFORNIA } .

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COUNTY OF SANTA CLARA } (

David J. Robare, being duly sworn, deposes and says:

I That he has read the foregoing affidavit and the matters stated therein are truly and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 9 day of _ MAM 19 3 David J. Robare .

General Electric Company Subscribed and sworn before me this 9 day of At CI 19 $,

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, C OUNTY Notary Public/ State of California urc .s ,.u..a. = j

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