ML20058N239
| ML20058N239 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 08/02/1990 |
| From: | Winslow T GENERAL ELECTRIC CO. |
| To: | Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML19298E393 | List: |
| References | |
| NUDOCS 9008130311 | |
| Download: ML20058N239 (7) | |
Text
{{#Wiki_filter:4 ~ ~ ,] ^ WC@b. GE Nuclear Energy l 1 i;ww Twt & Dm; met m Mswki,1?mg (seves! [uzi?s:: Erwy { m Bm :n wvgm W 2MD2 t 9G 675 D T 1 August 2, 1990 Director-Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: M.T. C. J. Haughney,: Chief Fuel Cycle Safety Branch-OWFN, Room 6D23, Mail 6H3
Dear Sir:
Subject:
Revised License Amendment Request (Revision # 26)
References:
(1) NRC License SNM-1097, Docket # 70-1113 (2) Letter, CM Vaughan to WT Crow, 9/22/83' (3) Letter, RG Page to CM Vaughan, 12/21/83 (4) Letter, CM Vaughan to WT Crow, 7/1/85 (5) Letter, CM Vaughan to WT Crow, 7/10/85 (6) Letter, WT Crow to CM Vaughan, 8/9/85 (7) Letter, TP Winslow to LC Rouse, 11/9/89 (8) Letter, RE Wilson to TP Winslow, 2/14/90 1 With reference to activities authorized by NRC License SNM-1097 at the General Electric Company Nuclear Fuel and Components Manufacturing (NF&CM) facility, GE hereby revises the request.for permission to utilize the Uranium Recovery:from Lagoon Sludge (URLS) project f acility for the purpose of conducting uranium recovery development and processing. General Electric has determined portions of the information contained in this request to be proprietary in nature. Therefore, pursuant to 10 CFR 2.790(b), the required affidavit (Attachment 1) requests that the information in this submittal, which is designated as proprietary, be withheld from public disclosure.. / A detailed description of the facility and process is provided in of this submittal. It is this section that contains the proprietary information. A non-proprietary version, for incorporation with our license renewal submittal dated-5/22/89, is being prepared and will be forwarded to the NRC by 8/31/90. \\ ? 9008130311 900802 h-J%
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l Mr. C. J. Haughney August 2, 1990 Page 2 l I i The comments and questions presented in Dr. R. E. Wilson's 2/14/90 lette* have been evaluated and incorporated within this r submittal as appropriate. contains a description of the requested revisions and
- is the proposed revised pages for inclusion in Part I l
of our license. ~ Please note that'these documents replace the request of 11/9/89 in' its entirety. We currently anticipate being ready to start processing sludges j containing SNM during the week of October 1st, provided our -{ pre-operational testing of the facility.is successful. In the event our startup schedule changes, we will notify you immediately. General Electric personnel would be pleased to discuss this matter further with you and your staff as you may deem necessary. i Sincerely, f GE NUCLEAR ENERGY _7 JN T. Preston Winslow, Manager j Licensing & Nuclear Materia?s Management l Attachment [ /sbm cc: SD Ebne*' - Region II l TPW-90 2 ed q I ,-e ~
1 .Mr. C. J. H ughnny August 2, 1930 - Page 1 of 5 alEIAAk ik1EIA12 22HEAEI AFFIDAVIT I, Wayne P. Lewis, being duly sworn, depose and state as follows: (1) I am Manager, Nuclear Fuel & Components Manufacturing,. 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 to be withheld is identified portions of the submittal to the NRC dated August 2, 1990, supporting an application for permission to utilize the Uranium Recovery from Lagoon Sludge' (URLS) project facility for the purpose of conducting uranium recovery development and processing. (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 use it...A l 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 j one's trade secret are: (1) the extent to which the information is known outside of his -l business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of meaeures.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. -f
Mr. C. J. Haughney August 2,-1990 ~ Attachment 1~- Page 2 of-5 1 (4)- -Some examples of categories.of1information whichffit 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 constitutes a competitive economic' advantage l over other companies;- ~ (b) Information consisting of supporting data and analyses, including test data, relative.tx> a process, L method of - apparatus, the application of which provides a competitive economic advantage, e.g., by optimization or-1mproved marketabilit 3; f 1 .(c) Information which, li used by a competitor, would reduce .I his expenditure of resources or improve his: competitive position in the desis.1, manufacture, shipment, .i installation, assurar :e of quality or licensing of a .iimilar product. -(d) Information which reveals cost or price information, j production capacities, budget levels or. commercial l strategies of General' Electric, its customers.or suppliers; a (e) Information which reveals aspects of past, present or j future General-Electric' customer-funded' development plans and programs of potential commercial value to j General Electric; ~ j (f) Information which discloses patentable: subject matter i for which it may be desirable to obtain patent j protection; (g) Information which General Electric must: treat as proprietary according tx) agreements with other parties. 1 (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, i technical and editorial review. This practice is based-on the tact that draft documents often do not aoprcpriately reflect all aspects of a problem, may conta3n tentative' conclusions and may contain errors that,can be corrected i during normal review and approval procedures. Also,:until the final document is completed, it may not be possible to - l make any definitive determination as to its proprietary
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l Gijb ,e i Mr. C. J. Haughney 1 August 2, 1990 - Page 3 of 5' General Electric ic not~ generally willing to release such a 1 ' document to the general public.in such a preliminary form. Such documents-are, however.Lon occasion. furnished to--the NRC staff'on a confidential l basis'because.it is General ( Electric's belief that it'isLin;the public interest for the 'l staff to be promptly: furnished with significant or. -l potentially significant.information'.1 Furnishing the document on.a confidential. basis pending? completion of= General -Electric's internal review permitsLearly acquaintance of'the' ,l staff with the information while protecting General 1 E ~ Electric's potential proprietary ~ position and permitting General Electric toLinsurc the public: documents.are technically accurateDand correct. (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'withithervalue and sensitivityi of the information in relation 1to: industry knowledge. Access' 1 to such documents within the Company 11L limited on'a "need'to! ~ know" basis and such documents areLclearly identified as proprietary at all-times., (7J The procedure for approval of external release of such a document typically requires review by the NF&CM' staff manager, project manager,= principal = scientist 1or other i equivalent authority, by the manager of theLcognizant j marketing function (or his delegate) and by:the-Legal-Operation for technical content, competitive:effect and determination.of the' accuracy of the proprietary designation-in accordance with the-standards enut_ rated above. Disclosures outside General Electric are generally limited to= g" regulatory bodies, customers and potential customers and their agents, suppliersiand-licensees,'and then only11n-accordance with appropriate regulatory provisions or proprietary agreements. l l (8) The document mentioned'in Paragraph-(2) has been' evaluated in accordance wit:1 the.above criteria and procedures and has j been found to contain information whi.h is proprietary and which is customarily held in confidence by General Electric. U (9) The document mentioned in Paragraph (2) is classified as proprietary because it contains features of a. uranium recovery process which were performed and developed at considerable expense to General Electric and which are not. available to other parties. The information is of a type customarily held in confidence by General Electric, since it reveals important features and contains valuable process information. i I ~ - ~ _
m L. Mr; C.-J. Haughneyi August 2, 1990: 1: - Page' 4 of 5 ' q l 10) The information in that document, to the'best of my. knowledge and belief, has. consistently been held in confidence by the-General-Electric Company, no public disclosure has been made,= and:it is not availabletin public-sources. All disclosures' < 'j to' third _ parties'have been.made pursuant to regulatory. - l provisions or proprietary' agreements which provide-::for: ~ maintenance of=the1 information in confidence. 11) Public discl'osure of the'information sought'to be withheld is likely to'cause substantial harm to the competitive position f 1 of the General. Electric' Company.and eliminate or reduce the 1 availability.of" profit making opportunities because:' (a) .Such information is a significant part of a program which was' developed with the expenditure of resources exceeding two=million dollars. 1 (b)_ Competitors in.the fuel market. lack the methods capability and experience 1which'GeneralLElectric'has developed. Knowing the: process information in this. O presentation would allow them to reduce uncertainty q} faccors. .This would causeLGeharal Electric to lose ito current competitive advantage. l (c) Research, development, engineering, analytical and' 1 other costs and expenses must be~ included iniGeneral i Electric's fuel. price. The ability of-General' Electric's competitors to utilize such information without similar expendite i of resources would ehable them to sell' fuel at pr.as not reflecting similar 1 I Cost. l ..r
i q .Mr. C. J. Haughney: y . 1990 i -August 2, - Page 5 of 5 STATE OF NORTH CAROLINA ss: COUNTY OF'NEW HANOVER: I, W @.e P. Lewis,-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 Wilmington~,. North Carolina, ' this 7 day of km M 4 .j 4m. i 1990. ti I M w.. t'n' a 1 WayTle F. Lewis j GENERAL: ELECTRIC COMPANY { day of,_bsu / l Subscribed.and sworn before me this 7 - I 19 9 0, -: in. J New Hanover County. -1 ""{N'b$y' i p gy, R NfrARY PUBLIC, Ig j OTA STATE OF NORTH CAROLI E I ~*- h'q\\, U B l. N,:*0 i a / [ My Commission Expire
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