ML20049A138
| ML20049A138 | |
| Person / Time | |
|---|---|
| Site: | 05000447 |
| Issue date: | 11/15/1978 |
| From: | Sherwood G GENERAL ELECTRIC CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20049A140 | List: |
| References | |
| TASK-A-07, TASK-A-7, TASK-OR NUDOCS 7812010248 | |
| Download: ML20049A138 (6) | |
Text
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o G E N E R A L (!) E LE CTR I C nuctema enenor PaOJeCTS DIVISION GENERAL ELECTRIC COMPANY,175 CURTNER AVE., SAN JOSE, CALIFORNIA 9512s MC 682, (408) 925-5040 MFN 416-78 November 15, 1978 U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D. C.
20555 Attention:
Mr. Harold R. Denton, Director Gentlemen:
Project 238 Nuclear Island (NI) GESSAR-Docket No. STN-50-447
SUBJECT:
GENERAL ELECTRIC REPORT 22A4365, " INTERIM CONTAINMENT LOADS REPORT - MARK III CONTAINMENT," REV. 2, DATED NOVEMBER,1978 Transmitted with my April 21, 1978 letter to E. G. Case were 25 copies of the initial issue of report 22A4365 with its proprietary supplement 22A4365AB.
This information document is being utilized by GE to keep the NRC, ACRS, and all Mark III applicants apprised of the current status of Mark III loading conditions throughout the remaining Mark III confirmatory test program.
The purpose of this letter is to transmit for your information 25 copies of the revised report 22A4365 and the revised proprietary supplement 22A4365AB.
These documents should replace'in their entirety those transmitted previously. This revision includes the following major changes.
1.
Load definition refinements brought about by interpretation of the test results from the second series of PSTF confirmatory testing.
(Sections 4, 5, 6, and attachment N).
2.
Addition of a digitization of the forcing function for condensation i
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oscillation (attachment 0).
3.
Editorial corrections in attachments A & M.
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GEf1ER AL h ELECTRIC
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Mr. Harold R. Denton Page 2 tiovember 13, 1978 j
f So that you may readily identify the djfferences between revisions 1 and 2, vertical baars have been placed in the margins of each page adjacent to the new or revised material.
7,,
Report supplement 22A4365AB centairs'jnforya' tion which GE customarily maintains in confidence and withhob from public disclosure. The I
information has ben handled and classified proprietary by GE as indi-cated in the attached affidavit, and the request is hereby; made that report supplement 22A4365AB be withheld from public disclosure in
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accordance with the provisicns of 10CFR2.790.-
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It should be noted that as with the initial issue of report 22A4365, appendix 3B, part 1.
The GESSSAR information, in our judge,7ent, con-
'.f, this revision is not being submitted by GE as a replacement for GE5SAR, tinues to be an acceptable basis for PSAR reviews.
- /.
Any questions regarding the technical content of this report shstdd be directed to L. J. Sobon, Manager, BWR Containment Licensing (404) 9,25-3495.
Sincerely, c/L f
Glenn G. Sherwood, Manager j
Safety and Licensing Operation y //
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Attachments i
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W. F. Kane
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R. L. Tedesco
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W. R. Butler
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J. A. Kudrick L. S. Gifford, GE Bethesda 9
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s GENERAL ELECTRIC C0MPANY 3:
AFFIDAVIT I, Elwcod P. Stroupe, being duly sworn, depose and state as follows:
1.
I am Acting 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 a document entitled, " Interim Containment Loads Report - Mark III, Proprietary Supplement," Revision 2, 22A4365AD, dated November 1978.
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 i.
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 informa-tion....
Some factors to be considered in determining whether l
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; i
(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, methe,d w Sparatus where prevention of its use by General Electr.cu competitors without license from General Electric constitutes a competi-tive economic advantage over other companies; b.
Information consisting of supporting data and analyses, includ-ing 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; L
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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;
- 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, 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 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 sarly 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.
l 6.
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.
7.
The procedure for approval of external release of such a document l
is review 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 J
l
Operation for technical content, competitive effect 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 and their agents, suppliers and licensees only in accord-ance 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 22A4365AB, Revision 2, provides test results and analytical method discussions which have been identified as proprfetary 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, ne 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 exceeding $25,000,000.
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 main-tain licensing agreements to the substantial financial and com-petitive disadvantage of General Electric.
c)
Public availability of the information would allow foreign compe-titors, including competing BWR suppliers, to obtain containment information at no cost which General Electric developed at sub-stantial cost.
Use of this information by foreign competitors would give them a competitive advantage over General Electric by,
l allowing foreign competitors to product their containments at lower cost than General Electric.
l
Elwood P. Stroupe, 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 /V day of Y1 M
,197f.
M wm Elwood P. Stroupe General Electric Company STATE OF CALIFORNIA
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ss:
COUNTY OF SANTA CLARA
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Subscribed and sworn before me this /#* day of (Mu, 197[.
Th.i NOTARY PUBLIC It AND FOR SAID COUNTY AND STATE OFFICIAL SEAL
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@ NOTARY PUB GGS:gm/559-562 RUTHE M. KINNAMON SANTA CLARA COUNTY My comm. empires MAR 28, 1981 '
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l 175 Curtnar hn, f,en Jo:e, CA
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