ML20029D374

Forwards Nonproprietary & Proprietary Rev 0 to NFS-0090, COLR Hope Creek Generating Station Cycle 6/Reload 5. GE Proprietary Repts 23A6526AA,Rev 0,Suppl 1 & 23A7219AA,Rev 0 Also Encl.Proprietary Repts Withheld (Ref 10CFR2.790)

ML20029D374
Person / Time
Site:	Hope Creek
Issue date:	04/26/1994
From:	Miltenberger S Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19304C057	List: ML20029D374 ML20029D378
References
NLR-N94077, NUDOCS 9405050247
Download: ML20029D374 (8)

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Stsven E. Mittenberger PubHc Service Electric and Gas Company P.O. Box 236. Hancocks Bndge, NJ 08038 609-339-1100 vice P%oent and cme! Nactear otsor APR 2 61994 NLR-N94077 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Gentlemen:

CORE OPERATING LIMITS REPORT, NFS-0090, REV. O HOPE CREEK GENERATING STATION CYCLE 6/ RELOAD 5 FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 Public Service Electric and Gas Company hereby transmits the Hope Creek Generating Station (HCGS) Cycle 6/ Reload 5 Core Operating Limits Report (NFS-0090, Revision 0). This report is being submitted in accordance with HCGS Technical Specification 6.9.1.9.

The specific core operating limits contained in NFS-0090 have been determined using NRC-approved methodology and were established such that all applicable limits of the plant safety analysis are met.

Appendices A and B of NFS-0090 reprint proprietary information from the following two General Electric (GE) reports:

General Electric Report 23A6526AA, Revision 0, " Supplemental Reload Licensing Submittal for HCGS Reload 3, Cycle 4" dated January 1991.

General Electric Report 23A7219AA, Revision 0,

" Lattice-Dependent MAPLHGR Report for HCGS Reload 5, Cycle 6" dated October 1993.

These GE reports are enclosed in Attachment A. Since NFS-0090 includes information reprinted from proprietary GE reports in its appendices, we respectfully request that it and the two GE reports be withheld from public disclosure and not be reproduced in accordance with 10CFR2.790. An affidavit from GE attesting to-the proprietary nature of this information is enclosed as Attachment B.

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Document Control Desk 2 APR 2 61994 NLR-N94077 To facilitate your distribution of this report, enclosed in Attachment C is one proprietary copy of NFS-0090. Enclosed in Attachment D is one non-proprietary copy of NFS-0090. The non-proprietary copy includes Appendices A and B. However brackets appear where the proprietary information has been removed. In the margin is a note identifying the GE report and page number from which this information was reprinted.

Should you have any questions regarding this submittal, we will be pleased to discuss them with you.

Sincerely, ,

Ebj -

S. E. Miltenberge Vice President &

Chief Nuclear Officer Attachments (4)

Affidavit l

C Mr. T. Martin, Administrator - Region I '

U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. J. C. Stone, Licensing Project Manager U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 Mr. C. S. Marschall (SO9)

USNRC Senior Resident Inspector Mr. K. Tosch, Manager, IV NJ Department of Environmental Protection Division of Environmental Quality Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 l 1

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REF: NLR-N94077 STATE OF NEW JERSEY )

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COUNTY OF SALEM )

S. E. Miltenberger, being duly sworn according to law deposes and says: i l

I am Vice President and Chief Nuclear Officer of Public Service l Electric and Gas Company, and as such, I find the matters set I forth in the above referenced letter, concerning the Hope Creek Generating Station, are true to the best of my knowledge, information and belief.

A v y me Subscribed this 8/ffl\ anddpy Sworn of to,beforp/

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NoEary Publid off N6wJersep i KlMBERLY JO BROWN My Commission expires on _ NOTARY PUBLIC Of NEWJFRMY

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ATTACHMENT A General Electric Report 23A6526AA, Revision-0,

" Supplemental Reload Licensing Submittal for HCGS Reload 3, Cycle 4" dated January 1091.

General Electric Report 23A7219AA, Revisic.n 0,

" Lattice-Dependent MAPLHGR Report l

for HCGS Reload 5, Cycle 6". dated October 1993.

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l ATTACHMENT B General Electric Affidavit Attesting to the Proprietary Nature of this Information I

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4 GENuclear Energy Affidavit 1, James F. Klapproth, being duly sworn, depose and state as follows:

(1) I am Manager, Fuel Licensing, General Electric Company ("GE") 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 two proprietary reports: 23A6526AA, Supplemental Reload Licensing Submittalfor Hope Creek Generating Station Unit 1 Reload 3, Cycle 4, datedJanuary 1991, and 23A7219AA, Lattice--Dependent MAPLHGR Reportfor Hope Creek Gennat-ing Station Unit 1 Reload 5, Cycle 6, dated October 1993.

(3) In making this application for withholding of proprietaryinformation of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom ofInformation Act

("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regu-lations 10 CFR 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financialinformation obtained from a person and privileged m confidential" (Exemption 4).

The material for which exemption from disclosure is here sought is all "confi<lential commer-cial information," and some portions also qualify under the narrower definition of " trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Encrev Proiect v. Nudtar Reculatory Commission. 975F2d871 (1)C Cir.1992), and Public Citizen Health Research Group v. FI)A,704F2dl280 (DC Cir.1983).

(4) Some examples of categories ofinformation which fit into the definition of proprietary infor-mation are:

a. Information that discloses a process, method, or apparatus, including support-ing data and analyses, where prevention ofits use by General Electric's competi-tors without license from General Electric constitutes a competitive cronomic advantage over otner companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, ship-ment, installation, assurance of quality, or licensing of a similar product;

c. Information which reveals cost or price information, production capacities, bud-get levels, or commercial strategies of General Electric, its customers, or its sup-pliers;

d. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential conunercial value to General Electric;

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c. Information which discloses patentable subject matter for which it may be desir-able to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be withheld is being submitted to NRC in confidence. The infor-mation is of a sort customarily held in confidence by GE, and is in fact so held. Its initial desig-nation as proprietary information, and the subsequent steps taken to prevent its unauthoriicd disclosure, are as set forth in (6) and (7) following. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in p61ic source 3. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, l pursuant to regulatmy provisions or proprietary agreements which provide for maintenance of the information in confidence.

(6) Initial approval of proprietary treatment of a document is made by the manager of the origi-l nating component, the person most likely to be acquainted with the value and sensitivity of the infbrmation in relation to industry knowledge. Access to such documents within GE is lim-ited on a "need to know" basis.

i l (7) The procedure for approval of external release of such a document typically requires resiew by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the propri-l clary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2) is classified as proprietary because it contains details of fuel designs which GE has developed and applied to the Hope Creek Generating Station for use in generating electrical power.

The development and approval of the fuel design used in this analysis was achieved at a signif-icant cost, on the order of several million dollars, to GE.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making oppor-tunities. The fuel design is part of GE's comprehensive llWR safety and technology base, and l its commercial value extends beyond the original development cost. The value of the technol-l ogy base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRG-approved methods.

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4 l The research, development, engineering, analytical, and NRC review costs comprise a sub-l stantialinvestment of time and money by GE.

The precise value of the expertise to devise an evaluation process and apply the correct analyt-ical methodology is difficult to quantify, but it clearly is substantial.

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! GE's competitive advantage will be lost ifits competitors are able to use the results of the GE

( experience to normalim or verify their own process or if they are able to claim an equivalent l understanding by demonstrating that they can arrive at the same or similar conclusions.

1 The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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l State of California )

l County of Santa Clara ) 'SS-'

James E Klapproth, being duly sworn, deposes and says:

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

Executed at San Jose, California, this 22> day of 4<k 19 N i l M3 hh 'Q l

James E Klapproth General Electric Company l

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! Subscribed and sworn before me this M day of 8m/19 9d l

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MARY L KENDALL Coma o 9mM 5 /n l

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i ATTACHMENT D Non-Proprietary Copy of nFS-0090, Revision 0 l

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