ML20029D845

Forwards Responses to NRC Request for Addl Info on Simplified BWR Design.Encl Withheld (Ref 10CFR2.790)

ML20029D845
Person / Time
Site:	05200004
Issue date:	04/29/1994
From:	Marriott P GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19304C088	List: ML20029D845
References
MFN-062-94, MFN-62-94, NUDOCS 9405100200
Download: ML20029D845 (4)

Text

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GE NacIcar Ener[Iy iffn

'.' 6. e V a  :: I rr e rh ec r it ' s 0195 V April 29,1994 MFN No. 062-94 Docket STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington DC 20555 Attention: Richard.W. Borchardt, Director i Standardization Project Directorate

Subject:

NRC Requests for Additional Information (RAls) on the Simplified Boiling Water Reactor (SBWR) Design

References:

Transmittal of Requests for AdditionalInformation (RAis) Regarding the SBWR Design, Letter from M. Malloy to P. W. Marriott dated March 8,1994 The Reference letter requested additionalinformation regarding the SBWR design to permit Brookhaven National Laboratory (BNL) to modify the RAMONA - 4B code for the staffs use. In partial fulfillment of this request, GE is submitting Attachment 1 to this letter which transmits-responses to RAls 950.38 and 40.

Please note that the information contained in the enclosure is of the type which GE maintains in confidence and withholds from public disclosure. It has been handled and classified as proprietary to GE as indicated in the attached affidavit. We hereby request that this information be withheld from public disclosure in accordance with the provisions of 10CFR2.790.

Sincerely,

/

P. W. K arriott Manager, Advanced Plant Technologies f 14C 781,(408)925-6948 4

Attachment 1," Responses to NRC RAls" cc: M. Malloy, Project Manager (NRC) (w/2 copies of Attachment 1) "

F. W. Ilasselberg, Project Manager (NRC) (w/1 copy of Attachment 1)

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GENERAL ELECTRIC COMPANY AFFIDAVIT l l

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1, Patrick W. Marriott, being duly sworn, depose and state as follows: l (1) I am the . Manager, Advance Plant Technologies, 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 the GE proprietary Tius information is contained on GE proprietary drawin(gs an)d delineated by bars marked in the margin adjacent to the specific written material.

(3) In making this application for withholding of proprietary information of which it is an owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4),

2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained f rom a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all

" confidential commercial information", and some portions also qualify under the narrower definition of" trade secret", within the meanin s assigned to those terms for purposes of FOIA Exemption 4 in, respective , Critical Mass Energy Proiect v. Nuclear Reculatory Commission. 975F2d871 DC Cir.1992), and Eulitic Citi. zen Ilealth Research Group v. FDA,704F2dl280 (DC Cir.1983).

(4) Some examples of ca,tegories of information which fit into the definition of .

proprietary mformation are:

a. Information that discloses a process, method, or apparatus, including I supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; l

b. Information 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;

c. Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers; i Affidavit Page 1 l

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

e. Information which discloses patentable subject matter for which it may be desirable 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 information is of a sort customarily held in confidence by GE, and is in fact so held. Its initial designation as pro?tietary information, and the subsequent steps taken to prevent its unauthorizet 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 pubhc disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or pro,prietary 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 originatin); com aonent, the person most likely to be acquainted with the valta and sensitivity of the information in relation to industry knowledge.

Acces; to such docurents within GE is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other ec uivalent authority, by the manager of the cognizant marketing function (or his c elegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary 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 aaragraph (2) is classified as aroprietary because it contains details of the SBW1 fuel design and the method of development and supporting data and analyses relative to the TRACG computer pro, gram.

l This program is intended for use as the licensing-basis code for evaluatmg-BWR response to transients, loss-of-coolant accidents, reactivity insertion accidents, and anticipated transients without scram. This code has been under development by GE for over ten years, at a total cost in excess of $3 million, l This information is considered to be proprietary for the reasons set forth in j both paragraphs 4.a and 4.b, on the previous page. -

Affidasil Page 2 q

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(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 opportumties. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes the value derived from providing analyses done with '

NRC-approved methods.

The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GE and its associate.

The precise value of the ex pertise to devise an evaluation process and apply the correct analytical methodo: ogy is difficult to quantify, but it clearly is substantial.-

GE's competitive advantage will be lost if its co >etitors are able to use the -

results of the GE experience to normalize or veri their own process or if they are able to claim an equivalent understanding by emonstrating that they can arrive at the same or similar conclusions.

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 reqmred to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE amd its associates of the opportunity to exercise their competitive advantage to seek an adequate return on their large investment in developing these very valuable analytical tools.

STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA )SS Patrick W. Marriott, 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, Executed at San Jose, California, this F day of MA7 , 19 _94-Patrick'WMiarriott General Electric Company Subscribed and sworn before me this 6 day of Mbtu ,19g bluf Notary PubHe, State of California

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