ML20056D387

Forwards Response to 930622 RAI Re SAFER-GESTR Loss of Coolant Accident Methodology.Response Provided by Ge. Response Withheld Ref 10CFR2.790

ML20056D387
Person / Time
Site:	Peach Bottom
Issue date:	07/16/1993
From:	Hunger G PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19310D588	List: ML20056D387
References
NUDOCS 9308130021
Download: ML20056D387 (5)

Text

g,.

PHILADELPHIA ELECTRIC COMPANY NUCLEAR GROUP llEADQUARTERS 955-65 CliESTERBROOK BLVD.

WA' NE, PA 19087-5691 ais)w w m July 16,1993 Docket Nos. 50-277 50-278 STATION SUPPORT DEPARTMENT License Nos. DPR-44 DPR-56 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555

SUBJECT:

Peach Bottom Atomic Power Station, Units 2 and 3 Response to Request for Additional Information on SAFER /GESTR Loss of Coolant Accident Methodology

REFERENCES:

1)

Letter from G. A. Hunger, Jr. (PECo) to U. S. Nuclear Regulatory Commission, dated March 18,1993 2)

Letter from G. A. Hunger, Jr. (PECo) to U. S. Nuclear Regulatory Commission, dated April 7,1993

Dear Sir:

Attached is our response to the subject " Request for Additional Informatio#,

contained in your letter from J. W. Shea (USNRC) to G. A. Hunger (PECo), dated June 22,1993. This response, provided to us by General Electric, includes additional information which was discussed in previous conference calls between Philadelphia Electric Company (PECo), General Electric, and USNRC.

Our response is in addition to the Reference 1 and 2 correspondence concerning the SAFER /GESTR LOCA methodology.

This response contains information proprietary to General Electric. General Electric requests that the document be withheld from public disclosure in accordance with 10 CFR 2.790(a)(4). An affidavit supporting this request in accordance with 10 CFR 2.790(b)(1) is attached.

120045 g

i 93o0130021 93o716 m

DR ADoCK c500o277 l3 I

PDR L

g;

i

, Document Control Desk July 16,1993

]

l Page 2 i

If you have any questions, please contact us.

i Very truly yours,

.d.

G. A. Hunger Jr., Director Licensing Section f

Attachment i

cc:

T. T. Martin, Administrator, Region I, USNRC USNRC Senior Resident inspector, PBAPS 4

1 I

v'

?

}

I GENERAL ELECTRIC COMPANY 2 -

AFFIDAVIT 1, JAMES F. KLAPPROTil, being duly sworn, depose and state as follows:

(1)

I am Fuel Licensing Manager, General Electric Company ("GE") and have been delegated the function of reviewing the informatir,n 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 attachment entitled: Statistical Analysh ofSmall Break LOCA Upper Bound PCTfor Peach Bottom 2/3.

(3)

In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all " confidential commercial information", and some portions also qualify under the narrower definition of" trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enerev Project v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Grouo v. FDA,704F2d 1280 (DC Cir.1983).

(4)

Some examples of categories of information which fit into the definition of proprietcry

{

information are:

Information that discloses a process, method, or apparatus, including supporting a.

data and analyses, 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 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; Information which reveals cost or price information, production capacities, c.

budget levels, or commercial strategies of General Electric, its customers, or its suppliers; d.

Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; l

i e.

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

(5)

The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, and is in fact so held. Its initial designation as proprietary information, and the subsequent steps taken to prevent i

its unauthorized disclosure, are as set forth in (6) and (7) following. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public

'i sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary -

agreements which provide for maintenance of the information in confidence, 1

1 4

(6)

Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and i

sensitivity of the information in relation to industry knowledge. Access to such.

i documents within GE is limited on a "need to know" basis.

(7)

The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8)

The information identified in paragraph (2) is classified as proprietary because it contains

.l details of the supporting data and analyses relative to the application.of the i

SAFER /GESTR computer program. This program is intended for use as the licensing-basis code for evaluating BWR response to loss-of-coolant accidents. This code was developed by GE et substantial cost. This information is considered to be proprietary for the reasons set forth in both paragraphs 4.a and 4.b, above.

I (9)

Public disclosure of the information sought to be withheld is likely to cause substantial

~

harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's comprehensive BWR technology base, and its commercial value extends beyond the original development cost.

j The value of the technology base goes beyond the extensive physical database and i

analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the valuel derived from providing alyses done with NRC-approved methods.

q I

l

[.

The research, development, engineering, analytical, and NRC review costs comprise a substantialinvestment of time and money by GE.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

f STATE OF CALIFORNIA

)

) SS:

COUNTY OF SANTA CLARA

)

James F. Klapproth, 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 day ofwSd%

,1993, 91 baON i

c

/m Ja' es F. Klapproth D

m General Electric Company r

Subscribed and sworn before me this /6N day of d

,1993.

O l

i 6fhry Public, State of Califc'

.i. -

JUUE A.CuRTS COMM. # 974657 r

a

~ Notoy Public - Califomic h

$ I2 z

,2 e

SANTA CLAQA COUNIV F

My Comm, Expecs SEP 33, IOM p

,r,-,+,,,

h l

b

~

,