ML20058N889

Forwards Proprietary Response to Request for Addl Info on Sbwr Design.Encls Withheld,Per 10CFR2.790

ML20058N889
Person / Time
Site:	05200004
Issue date:	10/19/1993
From:	Quirk J GENERAL ELECTRIC CO.
To:	Joshua Wilson NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19311B114	List: ML20058N889
References
MFN-166-93, NUDOCS 9310210173
Download: ML20058N889 (4)

Text

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. GENuclearEnirgy i

Gen-ret Electnc Company 175 Curtner Avenue. San Jose. CA 95125 _l

.I October 19,1993 1 1

MFN No.166-93 . i Docket STN 52-004 ,

s r

i Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Jerry N. Wilson, Acting Director Standardization Project Directorate

Subject:

NRC Requests for Additional Information (RAls) on the Simplified .

Iloiling Water Reactor (SilWR) Design 1

Reference:

Transmittal of Requests for Additional Information (RAls) for the .

SBWR Design, Letter from M. Malloy to P. W. Marriott Dated j August 20,1993 i i

The reference requested additional information on the SBWR Design. In partial fulfillment of this request, GE is submitting responses to RAls 950.17, .18, .19 and 20.

l Please note that the information contained in the enclosure is of the type which GE maintams in confidence and withholds from public disclosure. It has been handled and classified as proprietary to GE as indicated in the attached affidavits. We hereby request that this information be withheld from public disclosure in accordance with the provisions of 10CFR2.790.

Sincerely, 1

,Y Qmrk '{Q , .

P ojFet Manager [

7 ABWR Certification Program .;

M/C 782, (408)925-6219  ;

Enclosure:

RAI Response  !

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Nec PD R - LTA o w'1 1e 9310210173 931019 -h --)0 4 0 --

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- . _ . . - - _ ______________a

l GENERAL ELECTRIC COMPANY '  ;

AFFIDAVIT

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L 1, 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 ,

responses to NRC Requests for Additional Information (RAIs) 930.17,950.18,

~

950.19 and 950.20.

(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.190$, and NRC regulations 10 CFR 9.17(a)(4),

2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or fm' ancial 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 i narrower definition of" trade secret", within the meanin assigned to those '

terms for purposes of FOIA Exemption 4 in, respective , Critical Mass Enerev )

Project v. Nuclear Regulatory Comrnigion,975F2d871 DC Cir.1992), and ~  ;

Public Citizen llealth Research Group v. FDA,704F2d1280 (DC Cir.1983). 1 (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, including 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 i

design, manufacture, shipment, installation, assurance of quality, or .  !

licensmg of a similar product, s

c. Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers, 1

l Affidavit Page 1 l

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;

c. 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 unauthonzec disclosure, are as set forth

(

in (6) and (7) followmg. The mformation 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 ap, proval of proprietary treatment of a document is made by the manager of the originating 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 cogm,zant marketing function (or his c elegate), 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, i 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 parag,raph (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).b above Affidavit Page 2

f (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 associate.

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

GE's competitive advantage will be lost ifits co etitors are able to use the results of the GE experience to normalize or veri their own process or if they are able to claim an equivalent understanding by emonstrating 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 amd 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. r STATE OF CALIFORNIA ) '

COUNTY OF SANTA CLARA )33 Joseph F. Quirk, being duly sworn, deposes and says:

That he has read the foregoin affidavit and the matters stated therein are true and correct to the best of his know edge, Executed at San Jose, California, this / ay ofOMcd ,1913

/ i u/

/

JosAph F. Quirk Gqn,bral Electric Company Subscribed and sworn before me this i dlC b ay of (OMk ,19D OakwW (M%

Notary Public, State of Califorpa ]

m Affidavit Page 3 OFFICML SE[ '

PAULA F. HUSSEY UO7MY Nh iC ' CAllic,W y M.qU sam cu,a coum O N N S A??)}", .

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