ML20037A222
| ML20037A222 | |
| Person / Time | |
|---|---|
| Site: | Dresden, Nine Mile Point, Oyster Creek |
| Issue date: | 04/10/1979 |
| From: | Sobon L GENERAL ELECTRIC CO. |
| To: | Stello V Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19260G268 | List: |
| References | |
| REF-GTECI-A-07, REF-GTECI-CO, TASK-A-07, TASK-A-7, TASK-OR MFN-071-79, MFN-71-79, NUDOCS 7904250228 | |
| Download: ML20037A222 (5) | |
Text
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((F U ) b NUCLUR ENERGY 7
PROJECTS DIVISIOri GENERAL ELECTP.lC COMPANY,175 CURTNER AVE., SAN JOSE, CAllFORNIA 95125 t1Fil-071-79 MC 905, (408) 925-3495 April 10, 1979 U. S. tluclear Regulatory Commission Of fice of fluclear Reactor Regulation Washington, D. C.
20555 Attention:
V. Stello, Jr., Director Division of Operating Reactors Gentlemen:
SUBJECT:
MARK I C0tlTAIliMEtlT PROGRAM GEllERAL ELECTRIC REPORT t1EDE-21973-P, "C0" PARIS 0tl 0F GE Arid EPRT. TORUS LOAD TEST RESULTS" Twenty copies of the report tiEDE-21973-P, " Comparison of GE and EPRI Torus Load Test Results" are being provided by the General Electric Company on behalf of the Mark I Ouners Group as part of the Mark I Containment Program, Task 5.10.
This reports corrpares the subscale pool swell test results from the General Electric 1/4-scale two dimensional (20) test facility and the Electric Power Research Institute 1/12-scale three dimensional (30) test facility.
These comparisons lead to the conclusion that the 20 test facility yields maximum uploads and downloads which equal or exceed those measured in the 30 facility within the range of Mark I drywell pressurization rates.
The report, ilEDE-21973-P, cor.tains information which General Electric Company customarily maintains in confidence and withholds frea public disclosure.
The information has been handled and classified proprietary by General Electric as indicated in the attached affidavit.
Accordingly, we hereby request that flEDE-21973-P be withheld from public disclosure in accordance with the provisions of 10CFR2.790.
Very truly ' ours,
/
6M L. J. Sobon, Manager BWR Containment Licensing Containment Improvement Programs LJS:mks/628 Attachments cc:
L. S. Gifford (GE, Bethesda)
C. I. Grimes (M iC) 7 9 0 4 25 0nt;
G E il E R A L ELECTRIC C 0 M P A il Y PR0PRIETAR_Y AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
I am Manager, Safety and Licensing Operation, General Electric 1.
Company, 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.
The information sought to be withheld is contained in the document 2.
entitled t1EDE-21973-P, " Comparison cf GE and EPRI Torus Load Test Results."
In designating material as proprietary, General Electric utilizes 3.
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 information which is used in one's business and which gives him an opportunity to obtain an advantage over A substantial competitors who do not know or use it....
element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring informa-Some factors to be considered in determining whether tion....
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; (S) the. amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others."
Some examples of categories of information which fit into the 4.
definition of proprietary information are:
Information that discloses a process, method or apparatus a.
where prevention of its use by Ger.eral Electric's competitors without license from General Electric constitutes a competi-Live economic advantage over other companies; Information consisting of supporting data and analyses, includ-b.
ing test data, relative to a process, methud or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;
W c.
Information which if used by a competitor, would reduce his expen li ture 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, produc-tion 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 and programs of potential commercial value to General Electric; f.
Informatien which discloses patentable subject matter for which it may be desirable to obtain patent protection; g.
Information which General Electric must treat as proprietary according to agreements with other parties.
5.
In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been subject to complete proprietary, technical and editorial review.
This practice is based on the fact that draft documents often do not appropriately reflect all aspects of a problem, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures.
Also, until the final document is completed it may not be possible to make any definitive determination as to its proprietary nature.
General Electric is not generally willing to release such a document to the general public in such a preliminary form.
Such documents are, hcsever, on occasion furnished to the ilRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staff to be promptly furnished with signifi-cant or potentially significant information.
Furnishing the docu-ment on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprie-tary position and permitting General Electric to insure the public documents are technically accurate and correct.
6.
Initial approval of prcprietary treatment of a document is made by the Subsection Manager of the originating camponent, the man most likely to be acquainted with the va ~o and sensitivity of the information in relation to industry knowledge.
Access to such documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietary.
7.
The procedure for approval of external release of such a document is reviewed by the Section Manager, Project flanager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delegate) and by the Legal I
~
Operation for technical tontent, competitive ef fect 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 aiid their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.
8.
The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.
9.
The information presented in NEDE-21973-P provides test results which have been identified as proprietary in previously submitted documents.
10.
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 third parties have been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
11.
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 because:
a.
It was developed with the expenditure of substantial resources as described in the previous submittals.
b.
The resources dedicated to this effort were both those of General Electric Company and those of its customers in the utility containment study groups.
c.
While General Electric is the owner of the information, its contract for funding and management of the Mark I program requires that it not provide the results of the-program to utilities or others who are not participating in the program without their agreement to participate in the program by way^
of funding.
d.
While none of General Electric's domestic competitors presently use pressure suppression containment systems similar to the Mark I, the availability of this information to them would enable domestic competitors to evaluate the Mark I system without expenditures of resources similar to those undertaken by General Electric.
In addition, domestic competitors would be better able to evaluate and develop pressure suppression containment systems without similar expenditures of resources.
^ A number of General' Electric licensees currently utilize e.
Mark I and other pressure suppression concepts, ar.d this infor'mation can be, and has been,. exchanged with some of them for technical data which they have and are de.veloping on Iiark I and other pressure suppression concepts.
f.
Public availability of this information would deprive General Electric and its customers of the ability to seek reimburse-ment from non participating persons, would permit competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric.
g.
Public availability of the information would allow foreign competitors,. including competing BWR suppliers, to obtain containment information at no ' cost which General' Ele'ctric developed-at substantial cost.
Use of this information by.
foreign competitors would give them a competitive advantage over General Electric by allowing foreign competitors to produce their containment at lower cost than General Electric.
Glenn G. Sherwood, 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, information, and. belief.
E Executed at San Jose, California, this 7 day of 9/a rd,1972 l(k 1
/
'Glenn G. Sherwood
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General Electric Company STATE OF CALIFORNIA
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COUNTY 0F SANTA CLARA ) ss:
G. !L
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' day of W?>~.-a 1979.
Subscribed and sworn before me this
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. NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE gM_w ^ gemc e.As.
OFFICIAL SEAL 1g RUTHE M. KINNAMON.
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} f;oTARY PUDUC - CAUFoRNIA WMj SMiiA CLARA COUNTY
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