ML20058C795
| ML20058C795 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 06/16/1982 |
| From: | Sinclair J VERMONT YANKEE NUCLEAR POWER CORP. |
| To: | Haynes R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION I) |
| Shared Package | |
| ML20058C774 | List: |
| References | |
| FVY-82-71, NUDOCS 8207260447 | |
| Download: ML20058C795 (5) | |
Text
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VERMONT Y AN KEE NUCLEAR POWER CORPORATION J
SEVENTY SEVEN GROVE STREET 2.C.2.1 RUTI.AND, YERMONT 057O1 FVY 82-71 REPLY TO:
ENGINEERING OFFICE 1671 WORCESTER ROAD FRA MING H AM. M ASSACH US ETTS 017o1 TELEPHONE 817 872 8100 June 16, 1982 United States Nuclear Regulatory Commission Of fice of Inspection 6 Enforcement Region I 631 Park Avenue King of Prussia, PA 19406 Attention:
Mr. Ponald C. Haynes, Director
References:
(a) License No. DPR-28 (Docket No. 50-271)
(b) Letter, VYNPC to USNRC, FVY 82-58, dated May 26, 1982 (c)
Inspection 50-271/82-07, dated May 12, 1982
Subject:
Inspection 50-271/82-07
Dear Sir:
Reference (b) requested that you withhold certain information from public disclosure contained in Reference (c), and deemed proprietary by the General Electric Company. Subsequent telecons with Mr. Robert Gallo of your office informed us that our request must include a sworn affidavit in accordance with the provisions of 10CFR2.790 (b)(1) and (b)(4). The purpose of this letter is to forward the enclosed affidavit from the General Electric Company.
We trust that this information is acceptable; however, should you have further questions, please contact us.
Very truly yours, VERMONT YANKEE NUCLEAR POWER COMPANY
.b.
J. B. Sinclair Licensing Engineer JBS/ tan 8207260447 820716 PDR ADOCK 05000271 O
GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager, Safety & 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 the document entitled "PCIOMR Implementation Procedures".
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 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 information....
Some factors to be considered in 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 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; (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, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constit.utes a competi-tive 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; 1
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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 costomers 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 furnish'ed to the WRC 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 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 occuments within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietary.
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7.
The procedure for approval of external release of such a document is reviewed 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 Operation for technical content, competitive effect and deter-mination of the accuracy of the proprietary designation in accord-ance 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 accordance 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 noted in the document given in paragraph 2 that is considered proprietary to General Electric includes the rules and strategies for implementing the PCIOMR's.
10.
The information, to the best of my knowledge and belief, has consistently been held in confidence by the General Electric Company, no public disclosures 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 to maintenace of the information in confidence.
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 by allowing competitors to take full advantage of the extensive development, testing, and reduction to practice that has been performed by General Electric without any cost to competitors.
This information is unavailable to others and could only be obtained through a comparable development and testing program.
The disclosure of the results of the bundle loading error analyses also compromises the competitive position of General Electric.
The i'
cost to the General Electric Company for development of the inform-l ation sought to be withheld is in excess of $30,000,000.
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GLENN G. SHERWOOD, 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 9 day of June
, 1982 J/8 G4enn G. Sherw'ood General Electric Company STATE OF CALIFORNIA
) ss:
COUNTY OF SANTA CLARA
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Subscribed and sworn before me this J day of June 1981 ce:msecocacecocececocscecccccey OFFICIAL SEAL 8
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