ML20058A880
| ML20058A880 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 11/18/1993 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19312B480 | List: |
| References | |
| MFN-201-93, NUDOCS 9312010280 | |
| Download: ML20058A880 (4) | |
Text
GENucle:r En:rgy GeneralElecinc Compny 175 Cur:ner Avenue. San Jose; CA 35 ??S November 181993 MFN No. 201-93 Docket STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington DC 20555 Attention:
Richard Borchardt, Director Standardization Project Directorate
Subject:
Response to NRC Findings on GIST: GIST Heat Loss, and TRACG Application to SBWR Enclosed is a copy of the proprietary slides presented at the November 16,1993 meeting with the NRC at the GE offices in Rockville, MD to present the GE response to NRC findings on GIST.
Sincerely, L
etcw t-P. W. Marriott SBWR Project Manager MC-781, (408)925-6948 I
9312010280 931118 PDR ADOCK 0520 4
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GENERAL ELECTRIC COMPANY AFFIDAVIT I
I, Joseph F. Quirk, being duly sworn, depose and state as follows:
)
(1)
I am the Project Manager ABWR Certification Program, General Electric Company
("GE") 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 GE proprietary i
presentation material used during the November 16,1993, Meetmg on GIST Test Program for the SBWR.
(3)
In making this application for withholding of proprietary information of which it is an 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, resaectively, Critical Mass Enerev Project v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA,704F2d1280 (DC Cir.
~
1983).
(4)
Some examples of categories of information which fit into the definition of proprietary mformation are:
Information that discloses a process, method, or apparatus, including a.
supporting 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, shipmc nt, installation, assurance of quality, or 1
licensmg of a similar product; c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers; l --
Amdavit Page 1 4
d.
Information which reveals aspects of past, present, or future General commercial value to General Electric; plans and programs, of potential Electric customer-funded development e.
Information which discloses patentable subject matter for which it may -
be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.
(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 its unauthorizec disclosure, are as set forth in (6) and (7) followmg. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE, no pubhc disclosure has been made, and it is not available in public 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.
(6)
Initial approval of proprietary treatment of a document is made by the manager of the onginatiny, com aonent, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such 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 ec uivalent authority, by the manager of the cognizant marketing function (or his c elegate), and by the 12 gal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietar designation. Disclosures outside GE are limited to regulatory bodies,.y 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 detailed design information which GE has developed using computer codes and test data achieved at a significant cost, on the order of several million dollars,to GE and its associates. The information is considered proprietary for the reasons set forth in both paragraphs (4).a and (4).h above.
I Affidavit Page 2
(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 opportumties. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology.
base goes beyond the extensive physical database and analytical methodology and includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GE and its associates.
The precise value of the ex aertise to devise an evaluation process and apply the correct analytical methodo ogy is difficult to quantify, but it clearly is substantial.
GE's competitive advantage will be lost if its competitors are eble to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
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 '
and its associates of the opportunity to exercise their competitive advantage to seek an adequate return on their large investment in developing these very valuable analytical tools.
STATE OF CALIFORNIA SS' COUNTY OF SANTA CLARA Joseph F. Quirk, 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, Executed at San Jose, California, this /
day of rp 1/,19%
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Josei i F. Quirk Ger ral Electric Company Subscribed and sworn before me this //
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