ML20046B227

Forwards Listed Proprietary Documents,In Response to Request for QA Documentation Re Sbwr Gist Testing,Per 930726 Telcon. Documents Withheld

ML20046B227
Person / Time
Site:	05200004
Issue date:	07/28/1993
From:	Recasha Mitchell GENERAL ELECTRIC CO.
To:	Joshua Wilson NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19310D546	List: ML20046B227
References
MFN-121-93, NUDOCS 9308030344
Download: ML20046B227 (4)

Text

._, _. . . . . . _ _ .. . - _ _ _ _ . _ . .

i July 28,1993 i MFN No.121-93'  !

Docket STN 52-004 ~

Document Control Desk  !

U.S. Nuclear Regulatory Commission Washington, D.C. 20555 i

. Attention: Jerry N. Wilson, Acting Director '

Standardization Project Directorate l

i

Subject:

SBWR GIST Test QA Program Documentation

Reference:

Telephone conversation, 7/26/93 between NRC (M. Malloy, R. ,

McIntyre) and GE (P. Novak, G. Sweden)

.i In response to the request for _QA documentation regarding the SBWR GST testing, -!

enclosed are the requested proprietary documents along with an appropriate affidavit.

Sincerely,  ;

l R. C. Mitchell, ,

Safety & Licens, mg Acting Manager l M/C 487, (408) 925-2755 1

Enclosure:

Two (2) copies each of the following: 1

1) Product Quality Assurance Audit No. ABQ-90

2) Product Quality Assurance Audit No. ABQ 91-3

3) Engineering Operating Procedure EOP 35-3.00, Rev.6

4) Engineering Operating Procedure EOP 35-3.00, Rev.7

5) Engineering Operating Procedure EOP 40-3.00, Rev.15 -

cc: Melinda Malloy N Ec PDE g g.opet

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General Electric Company AFFIDAVIT I, Robert C. Mitchell, being duly sworn, depose and state as follows:

l. I am Manager, Safety & Communications, General Electric Company, 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 as follows:

1) Product Quality Assurance Audit No. ABQ-90, December 4,1990

2) Product Quality Assurance Audit No. ABQ 91-3, March 13,1992

3) Engineering Operating Procedure EOP 35-3.00, Rev.6, issued 7/20/87

4) Engineering Operating Procedure EOP 35-3.00, Rev.7, issued 8/1/89

5) Engineering Operating Procedure EOP 40-3.00, Rev.15, issued 12/31/92

3. In designating material as proprietary, General Electric utilizes the definition of propri-etary 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 ofinformation 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 ofimproper means, there would be difficulty in acquiring infor- '

mation. Sonr factors to be considered in determining whether given mformation is one's trade secret ar : (1) the extent to which the information is known outside of his business; (2) the extent > which it is known by employees and others involved in his business; (3) the extent of r rasures taken by him to guard the secrecy of the information; (4) the value of the informa on to him and to his competitors; (5) the amount of effort or money expended by hnn in developing the information; (6) the case or difficulty with the which the information could be properly acquired or duplicated by others."

4. Some examples of categories ofinformation which fit into the definition of proprietary in-formation are:

a. Information that disclosed a process, method or apparatus where prevention ofits use by General Electric's competitors without license from General Electric consti- l tutes a competitive economic advantage over other companies; i

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 eco-nomic 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 pmition in the design, manufacture, shipment, installa-tion, assurance 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 custoc.crs or suppliers; Affidavit Page 1

e

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 Electric:

f. Information which discloses patentable subject matter for which it may be desir-able to obtain patent protection;

g. Information which General Electric must treat as proprietary according to agree-ments 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 mate-rial 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 complete 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 in such a preliminary form. Such documents are, however, on occasion fur-nished to the NRC 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 significant or potentially significant information. Furnishing the document 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 proprietary position and permitting General Electric to insure the public documents are technically accurate and correct.

6. Initial approval of proprietary treatment of a document is typically made by the Subsec-tion manager of the onginating component, who is most likely to be acquamted 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" hasis and such documents are clearly identified as propnetary.

7. The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or ,

delegate) and by the Legal Operation for technical content, competitive effect and detcr- '

mination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regula-tory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

8. The information mentioned in paragraph 2 above has been evaluated in accordane with the above criteria, in sections 4.a, 4.c, and 4.e, and has been found to contain information j which is proprietary and which is customarily held in confidence by General Electric. j

9. The information to the best of my knowledge and belief has consistently been held in I confidence by the General Electnc Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursu-ant to regulatory provisions or proprietary agreements which provide for maintenance of the information m, confidence.

Affidavit Page 2

e .

STATE OF CAI.IFORNIA )

COUNTY OF SANTA CLARA ) ss:  ;

Robert C. Mitchell, 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 28th day of July 1993.

Ga&C %Xd&

Robert C. Mitchell General Electric Company Subscribed and sworn before me this 28th day of July 1993.

/W

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o b[  !

Notary Public - California Santa Clara County

' MARY L. KENDALL Z

q COMM. # CB7864 j ,? Noto y Public - California h SANTA CLARA COUNTY F My Comm. Expiros MAR 26.1997 $

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Affidavit Page 3