ML20058N902

Forwards Proprietary Rev 0 to NEDC-32215P, Giraffe Passive Heat Removal Testing Program. Rept Withheld

ML20058N902
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
ML19311B116	List: ML20058N902
References
MFN-134-93, NUDOCS 9310210181
Download: ML20058N902 (4)

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GENuclearEnergy GeneralElectnc Compey 175 Curtw Avenue. San Jose. CA 95125 October 19,1993 MFN No.134-93 Docket STN 2-004 Document Control Desk U.S. Nuclear Regulatory Commission .;

Washington, D.C. 20555 i

Attention: Jerry N. Wilson, Acting Director ,

Standardization Project Directorate ,

Subject:

Request for GIRAFFE Test Report f

Reference:

K. M. Vierow, " GIRAFFE Passive Heat Removal Testing Program,"

GE Document No. NEDC-32215P, June 1993 ,

Enclosed is a copy of the referenced proprietary final test report for the GIRAFFE test program.-  !

This report is provided to the NRC to respond to the staff requests for test reports of SBWR test programs as the reports become available.  ;

The results of this test program have been used in the qualification effort of the TRACG computer code for the application for design certification of the SBWR. That qualification effort has been .;

documented in other reports sent to the NRC carlier this year, including a previous draft version of this report.

Sincerely, ,

. /  !

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. :. Quirk hb  !

& ect Manager A WR Certification Program l M/C 782, (408)925-6219  !

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9310210181'931019 f l fr a=ca o=2o =

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GENERAL ELECTRIC COMPANY I t

AFFIDAVIT '

I, Joseph F. Ouirk, 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.

The information sought to be withheld is contained in the GE proprietary (2) report: NEDC-32215P, GIRAFFE Passive Heat Removal Testmg Program, ,

Revision 0, June 1993. This information is delineated by bars marked m the margin adjacent to the specific material.  ;

(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, respectively, Critical Mass Energy Proiect v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and ,

Putilic Citizen HeaIth'Research Group v. FDA,704F2d1280 (DC Cir.1983). ,

(4) Some examples of categories ofinformation which fit into the definition of proprietary mformation are: .

i

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

supporting data and analyses, where prevention ofits 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;

c. Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric, ~

its customers, or its suppliers; Affidoit Page 1 t

d. Information which reveals aspects of past, present, or future General j Electric customer-funded development plans and programs, of potential  ;

commercial value to General Electric; ,

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. j (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 unauthorized 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 i 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. ,

i (6) Initial approval of proprietary treatment of a document is made by the manager i of the originatinj; 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, other ec uivalent authority, by the manager ofzaat themarketing cogm, principal function scientist or (or his c elegate), and by the Legal Operation, for technical content, ,

competitive effect, and determination of the accuracy of the proprietary i 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.  ;

I i

(8) The information identified in paragraph (2) is classified as proprietary because it contains detailed results of test programs which GE and its associate have conducted and applied to evaluate the loss-of-coolant accident for the SBWR.

The development and performance of the test program was achieved at a l significant cost, on the order of several million dollars, to GE and its associate.

This information contains GE and associate information which, by nature of  ;

the collaboration used to pre aare the information, cannot be easily separated +

into its respective parts. In ac dition to its direct competitive value to GE, the . l treatment of the information is bound by contract provisions of an Agreement  !

between GE and the associate which provides for proprietary handling of the t mformation.  ;

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Affidavit Page 2 e

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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 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 technolo gy ,

base goes beyond the extensive hysical database and analytical methodology and includes the value derived rom providing analyses done with l 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, i t

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 able to use the results of the GE experience to normalize or verify their owm 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 1 amd its associates of the opportunity to exercise their competitive advantage to l seek an adequate return on their large investment in developing these very j valuable analytical tools. '

STATE OF CALIFORNIA SS' COUNTY OF SANTA CLARA Joseph F. Ouirk, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and r correct to the best of his knowledge, .

Executed at San Jose, California, this day of h),19B r s  :

i -

t Josppb F. Quirk u ,

Ge e al Electric Company 1 Subscribed and sworn before me this hday ofholchY ,1933

'?oLYkw Notiuy Public, State of CalifornP3 i

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-~ ~-.y Affidavit Page 3 OFFICIAL SEAL d

p l PAULA F. HUSSEY TJOTMY PUBUC . CAUFOhm q SANTA clN A COUNTY o -f" My comm. expires APR 5,1994 '

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