ML20042G906

Forwards Proprietary Supplemental Info to 900419 Response to NRC 900309 Ltr Re FROSSTEY-2 Fuel Performance Code.Info Withheld

ML20042G906
Person / Time
Site:	Vermont Yankee File:NorthStar Vermont Yankee icon.png
Issue date:	05/10/1990
From:	Tremblay L VERMONT YANKEE NUCLEAR POWER CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19298E034	List: ML20042G906
References
BVY-90-054, BVY-90-54, NUDOCS 9005160258
Download: ML20042G906 (5)

Text

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l VERNIO$T YANKEE  ;

NUCLEAR POWER CORPORATION  !

i Ferry Road Brattleboro. VT 053017002 ,,,

A 9 f)/ ENGINEERING OFFICE

$80 MAIN STREET

+

DOLTON. M A 01740

+

(508)779 4711  ;

May 10,1990 BW 90-054 h

United States Nuclear Regulatoty Commission Document Control Desk Washington, DC 20555

References:

a. License No. DPR 28 (Docket No. 50-271)  :

b. Letter, VYNPC to USNRC, FVY 87-116, dated December 16,1987  !

c. letter, USNRC to VYNPC, NVY 90-051, dated March 9,1990 i

d. Letter, VYNPC to USNRC, BVY 90-045, dated April 19,1990  !

Subject:

Supplemental Infonnstion to VYNPC April 19,1990 Response Regarding l FROSSTEY 2 Fuel Perfonnance Code

Dear Sir:

t The pu se of this letter is to pmvide supplementary information regarding our response to your request additional information, as discussed in Reference (d). Reference (d) pmytded our -

response to Questions 1 and 4 of NRC Staffs request for additional information (Reference (c)].  :

i Attached please find the General Electric Company proprietary information discussed in Reference (d), to assist NRC Staffs review effort. This iniormation consists of " Table 1 -

Comparison of Nominal and Licensing Values of FROSSTEY 2 Input Parameters" (2 pages total),  !

accompanied by a General Electric Company affidavit. i In addition, an enor regarding bundle quantity has been noted in our recent description of the RELAPSYA model bundle grouping, as stated in Reference (d), Enclosurt (B), Page 5. The l correct grouping is, " Central High Power (4 bundles)", " Central Average Power (248 bundles)", l and " Low Power Peripheral (116 bundles)".  :

As stated in Reference (d), we remain committed to provide responses to the remaining two  !

(2) NRC Staff questions from Refearnce (c) by May 17,1990.

0 9005160238.900510 .f PDR P

ADOCK 05000271 PDC

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United States Nuclear Regulatory Commission May 10,1990 Page 2 We trust that this information will assist you in your effort to complete your review of our FROSSTEY 2 fuel performance code; however, if you have any further questions or require additional informatien, please contact this ofrice.

Very truly yours, VERMONT YANKEE NUCLEAR POWER CORPORATION L J o. L d .'

Imnard A.Tremblay,Jr.

Senior Licensing Engineer l

Enclosure A : Pmprietary infomiation cc: USNRC Region I Administrator (w/o enclosure)

USNRC Resident Inspector . VYNPS (w/o enclosure)

USNRC Project Manager (with enclosure)

Wm11IOLD ENCLOSURE FROM PUBLIC DISCLOSURE 1

1 l

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General Electric Company AFFIDAVIT 1, Janice S. Charnley, being duly sworn, depose and state as follows:

1. I am Manager, Fuel Licensing, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be with.

held from public disclosure and have been authorized to apply for its withhok ing.

2. The information sought to be withheld is General Electric fuel information contained in Response to Request for Additionalinformation, Frosstry 2 Fuel Performance Code Supplement to April 19,1990 Response.

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 def'mition 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 b would be difficulty in acquirlag information...y thetouse

. Some factors of improper be considered in means, there 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 mea-sures taken by him to guard the secrecy of the information; (4) the value of the in-pended by him in developing the informat(ion; (6) the case or difficulty with the information could be properly acquired or duplicated by others?

4. Some examples of categories of information which fit into the definition of proprietary infor-mation are:

a. Information that disclosed a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive 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;

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, production capacities, budget levels j or commercial strategies of General Electric, its customers or suppliers;

!I

Affidanit

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

f. Information 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.

$. Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the origmating component, who is 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 are clearly identified as proprietary.

6. The procedure for approval of external release of such a document ty)ically requires review by the Subsection Manager, Project manager, Principal Scientist or ot1er equivalent author.

ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the '

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, and then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

7. The document mentioned in paragra 3h 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is propri-etary and which is customarily held in confidence by General Electric.

8. The document mentioned in paragraph 2 above is classified as proprietary because it contains details concerning current General Electric fuel designs whica were developed at considerable expense to General Electric, which are not available to other parties.

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 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 infor.

mation in confidence.

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 it would provide other parties, including competitors, with valuable unformation regarding current General Electric fuel designs which were obtained at considerable cost to the General Electric Company, hge 2

i.. .

c .,

Affidailt STATE OF CALIFORNIA - ) 8' COUNTY OF SANTA CIARA )

Janice S. Charnley, being duly sworn, deposes and says: --

That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and tel ef.

Executed at San Jose, California, thiso7Y day of h1 1990.

f

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" ice 5. Chathky r v eneral Electric Company Subscribed and sworn before me thisc7 ay of [h _1990.

V M RYLkkhAkt, / [dAq A Nowy PubCd NAcm *h 4

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Notary Public Californin L_ My Comm. Exp. Me, a i Santa Clara County Page 3

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