ML20041F946

Forwards Proprietary Portion of Amend 1 to Gessar II Re Basis for Improved BWR LOCA Decay Heat Correlation & Mark III Containment Safety Relief Valve & LOCA-related Pool Dynamics Load Criteria.Withheld (Ref 10CFR2.790)

ML20041F946
Person / Time
Site:	05000447
Issue date:	02/25/1982
From:	Sherwood G GENERAL ELECTRIC CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19268A879	List: ML20041F946
References
JNF-09-82, JNF-9-82, MFN-024-82, MFN-24-82, NUDOCS 8203170575
Download: ML20041F946 (5)

Text

GENER AL $ ELECTRIC HUCLEAR POWER

[ GYSTEMS DIVISION GENERAL ELECTRIC COMPANY,175 CURTNER AVE., SAN JOSE, CALIFORNIA 95125 MC 682, (408) 925-5040 JNF-09-82 MFN-024-82 February 25, 1982 U.S. Nuclear Regulatory Commission b CUfVED Office of Nuclear Reactor Regulation Washington, DC 20555 p g $4gy U/SS4 Attention: D. G. Eisenhut, Director x Division of Licensing g .p Gentlemen:

SUBJECT:

SUBMITTAL 0F

, PROPRIETARY INFORMATION FOR REVIEW 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II);

DOCKET N0. STN 50-447 General Electric is submitting 60 copies of the proprietary portion of GESSAR II docketed February 12, 1982. This submittal also includes the proprietary portion of Amendment No. 1 pertaining to GE's technical basis for an improved BWR loss-of-coolant accident (LOCA) decay heat correlation and to the Mark III containment SRV and LOCA-related pool dynamics load criteria, which we are requesting be withheld from public disclosure and considered as proprietary pursuant to Section 2.790 of 10 CFR Part 2.

The information contained herein provides test results and analytical l methods, discussions which have been identified as proprietary in l previously submitted documents. It is, therefore, requested that this l document be included in the review of GESSAR II and that it be held in

! confidence and not be released for publication or otherwise disclosed.

The nonproprietary information of Amendment No. 1 is provided under separate cover.

Sincerely, O gac1

. J.fu ot 0 ggr} 1 l

h Glenn G. herwood, Mana er s be fod A) Sic, t 1

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Safety and Licensing Operation NTIS i o GGS:csc:rf/202-R 2/24 Attachments cc: K. Kniel (w/o att.) L. S. Rubenstein (w/o'att.) R. L. Tedesco (w/o att.)

J. A. Kudrick T. Su J. R. Miller (w/o att.)

H. J. Faulkner L. S. Gifford B. Sheron M. S. Plesset (ACRS) R. B. Minogue (w/o att.) R. J. Mattson (w/o att.)

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GENERAL ELECTRIC C0NPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:

1. I am Manager of Safety and Licensing Operation, General Electric 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.

2. The information sought to be withheld is contained in the proprietary supplement to Appendices 38 and 6A and Chapters 4 and 11 of 238 Nuclear Island General Electric Standard Safety Analysis (GESSAR II).

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 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 infor-mation.... Some factors to be considered in 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 expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others."

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 use by General Electric's competitors without license from General Electric constitutes a competi-tive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability; 1

c. 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;

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. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; 3

g. Information which General Electric must treat as proprietary according to agreements with other parties.

5. Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most likely to be acquainted with the value 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.

6. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or.his delegate) and by the Legal Operation for technical content, competitive effect and deter-mination of the accuracy of the proprietary designation in accord-ance 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 only in accordance with appropriate regulatory provisions or pro- l prietary agreements.

7. 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 L

customarily held in confidence by General Electric.

8. The information presented in the proprietary supplement of the document mentioned in Paragraph 2 provides test results and analytical method discussions which have been identified as proprietary in previously submitted documents.

i

9. The information to the best of my knowledge and belief, has consis-

tently 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 of proprietary agreements which provide for maintenance of the information in confidence.

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10. 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 exceeding $26,000,000.

b) Public availability of this information would deprive General Electric of the ability to seek reimbursement, 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.

c) Public availability of the information would allow foreign competitors, including competing BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by foreign' competitors would give them a competitim advantage over General Electric by allowing foreign competitors to produce their containments 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.

Executed at San Jose, California, this 25 day of February 1982.-

/ H Glenn G. 5Werwood-General Electric Company i STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA ) ss:

Subscribed and sworn before me this 25 day of February 1982.

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UNITED 5TATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the matter of )

General Electric Company) Docket No. STN 50-447 Standard Plant )

SUBMITTAL OF PROPRIETARY INFORMATION FOR REVIEW 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)

General Electric Company, applicant in the above captioned proceeding, hereby schmits proprietary information to be included in the review of the 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSAR II) docketed February 12, 1982.

This proprietary material includes Amendment No. 1 which amends GESSAR II by adding Appendix 6A to Chapter 6 and furnishing information in response to the questions contained in the Commission's letter dated September 18, 1981 pertaining to Mark III containment LOCA-related pool dynamic load criteria. Appendix 6A provides the detailed technical basis for an improved BWR loss-of-coolant accident (LOCA) decay heat correlation based on the ANSI /ANS 5-1-1979 decay heat standard.

Respectfully submitted, General Electric Company by: [ Aff '

G' G: Sherwood,M~ana%er Safety and Licensing Operation Subscribed and sworn to before me this 25 day of February 1982.

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