ML20036B050
| ML20036B050 | |
| Person / Time | |
|---|---|
| Site: | 05200001 |
| Issue date: | 05/14/1993 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20036B051 | List: |
| References | |
| MFN-076-93, MFN-76-93, NUDOCS 9305180107 | |
| Download: ML20036B050 (5) | |
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GE Nuclear Energy Genemi Uennc Cwtww
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175 CarMw 4xw 5@ J;&e Di 95125 I
i' May 14,1993 MFN No. 076-93 i
Docket No. STN 52-001 n
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. Document Control Desk k
U.S. Nuclear Regulatory Commission Washington, D.C. 20555 j
1 Attention:
Richard W. Borchardt, Acting Director Standardization and Non-Power Reactor Project Directorate i
Subject:
-Revision to March 9,1992 AfHdavit
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References:
1.
R.C. Mitchell (GE) to Robert C. Pierson (NRC) " Request for i*
Documentation Supporting Radiation Protection", March 9, 1992 2.
Jerry N. Wilson (NRC) to Mr. Patrick W. Marriott (GE),
" Request for Withholding Information from Public
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Disclosure", March 9,1993.'
3.
P.W. Marriott (GE) to Richard Borchardt (NR),"ABWR l
Information Withheld from Public Disclosure", April 9,1993.
l-Enclosed is one copy of three documents pertaining to radiation protection. These and one other document were provided by GE (Reference 1) in support of ABWR SSAR Chapter 12 at the.
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request of the staff. The enclosed documents were originally issued with limited distribution and were considered proprietary.- However, following re-evaluation as recommended by Reference 2, i
GE has reissued NEDE-23819, NEDE-23996-1 and NEDE-23996-2 as Class I which permits
-i general distribution.
Because of the bulk of these documents, only one copy has been provided. These documents will l
-be used only by a few individuals at the NRC.
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Richard W. Borchardt h1ay 14,1993 Page 2 Although the enclosed documents do not contain information that is designated as General Electric Company proprietary information, in accordance with Reference 3,GE is submitting a revision to its h1 arch 9,1992 affidavit withholding only the previously submitted NEDE-24679.
Included is the revised proprietary affidavit.
Sincerely,
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P.W. hia tt, fanager Safety & Licensing hi/C 444, (408) 925-6948 l
cc: F. A. Ross (DOE)
N. D. Fletcher (DOE)
C. Posiusny, Jr.
(NRC)
R. L Pedersen (NRC)
R. C. Berglund (GE)
J. F. Quirk (GE)
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General Electric Company i
AFFIDAVIT 1, P. W. Marriott, being duly sworn, depose and state as follows:
1.
I am Manager, Nuclear Products Licensing, General Electric Ccmpany, and have been del-egated 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 NEDE-24679, October 1979,
- Study of Advanced BWR Features, Plant Definition / Feasibility Results", Volume III, Appendix Part G.
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 infor-mation 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
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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 i
known by employees and others involved in his business; (3) the extent of mea-sures taken by him to guard the secrecy of the information; (4) the value of the in-formation to him and to his competitors;(5) the amount of effort or money ex-panded by him in developing the information; (6) the ease or difficulty with the which the information could be properly acquired or duplicated by others?
l 4.
Some examples of categories of information which f:t into the definition of proprietary infor-mation are:
i a.
Information that disclosed a process, method or apparatus where prevention of its use i
by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; j
b.
Information consisting of supporting data and analyses, including test data, relative ta a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketabihty, I
Information which if used by a competitor, would reduce his expenditure of resources or c.
improve his competitive position in the design, manufacture, shipment, installation, as-surance 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; i
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e.
Information which reveals aspects of past,~ present or future General Electric cus-tomer-funded development plans and programs of potential commercial value to Gen-eral Electne:
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Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; j
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Information which General Electric must treat as proprieta y according to agreements 4
with other parties.
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5.
In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft mateUI l
which has not been subject to complete proprietary, technical and editorial review. This prac-i tice is based on the fact that draft documents often do not appropriately reflect all aspects of l
l a problem, may contain tentative conclusions and may contain errors that can be corrected l
during normal review and approval procedures. Also, until the final document is complete it j
may not be possible to make any definitive determination as to its proprietary nature. Gen-eral Electric is not generally willing to release such a document in such a preliminary form.
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Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staf f to be l
promptly furnished with significant or potentially significant information. Furnishing the i
document on a confidential basis pending completion of General Electric's internal review
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permits early acquaintance of the staff with the information while protecting General Elec-tric's potential proprietary position and permitting General Electric to insure the public doc-l i
i uments are technically accurate and correct.
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6.
Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, who is most likely to be acquainted with the value i
and sensitivity of the information in relation to industry knowledge. Access to such docu-i ments within the Company is limited on a need to know" basis and such documents are
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clearly identified as proprietary.
7.
The procedure for approval of external release of such a document typically requires review by the Subsection Manag:r, Project manager, Principal Scientist or other equivalent author-ity, by the subsection Manager of the cognizant Marketing function (or delegate) and by the i
Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclo-sures outside General Electric are generally limited to regulatory bodies, customers and po-tential customers and their agents, suppliers and licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietary agreements.
The document mentioned in paragraph 2 above has been evaluated in accordance with the l
above criteria and procedures and has been found to contain information which is propri-J etary and which is customarily held in confidence by General Electric.
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i 9.
The information to the best of my knowledge and belief has consistently been held in confi-dence by the General Electric Company, no public disclosure has been made, and it is not i
available in public sources. All disclosures to third parties have been made pursuant to regu-latory provisions or proprietary agreements which provide for maintenance of the informa-l tion in confidence.
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The information, as called out in Paragraph 2. sought to be withheld has been jointly i
developed by General Electric,11itachi and Toshiba for the Kashiwazaki Kariwa project, Units 6 & 7. Public disclosure of this information is likely to cause substantial harm to the competitive position of the General Electric Company, Ilitachi, Ltd. and Toshiba Corporat-ion and deprive or reduce the availability of profit making opportunities because it contains j
details of the General Electric, Hitachi and Toshiba design which are not available to other i
parties without prior proprietary agreement. This information would provide other parties, including competitors, with valuable information associated with the technical and business practices of the General Electric Company, Hitachi Ltd. and Toshiba Corporation. This l
information is of a type customarily held in confidence by General Electric, liitachi and Tos-hiba since it reveals valuable design information obtained at considerable expense to General Electric, Hitachi and Toshiba.
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F STATE OF CALIFORNIA
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COUNTY OF SANTA CIARA ) ss:
i Robert C Mitchell, being duly sworn, deposes and says:
i 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.
j dw Executed at San Jose, California, this 1+
day of mM
-Mpi+ 1773.
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l P.W. Magiott General Electric Company l
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Subscribed and sworn before me this N day of O,l/a W17. p l
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.M fJCit.LY r A C - CisurSM i
. GM7 w:TA ctm coucy Notary Public - C ifornia e-ry em noirci m 5, m Santa Clara Count}-
Affidant l' age 3 i