ML20059A569

Forwards Diskette of GE Proprietary Gist Test Data as Requested During Purdue Testing Meeting.W/O Diskette

ML20059A569
Person / Time
Site:	05200004
Issue date:	10/20/1993
From:	Marriott P GENERAL ELECTRIC CO.
To:	Joshua Wilson Office of Nuclear Reactor Regulation
References
MFN-172-93, NUDOCS 9310260386
Download: ML20059A569 (4)

Text

-

GENuclect Energy General El ecto: Compny

=

17b Cunne:Avenae. Sun Jose. CA 95125 October 20,1993 MFN No.172-93 Docket STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Jerg N. Wilson, Acting Director Standardization Project Diiectorate

Subject:

SIlWR Test Program

Reference:

Purdue Testing Meeting, NRC Request for a Copy of the GIST Test Data This letter transmits two 3-1/2 inch diskette copies of the GE Proprietag GIST Test Data as requested during the referenced meeting.

Sincerely, l lh P. W. Mgrric SBWR Project 1anager M/C 781, (408)925-6948 wo\ Enclosure cc: M. Malloy, Project Manager (NRC) (

Enclosures:

Two (2) copies of the diskette of GE Proprietary Test Data) tane* $

(

4 1 yn 9310260386 931020 PDR ADOCK 05200004 g@..

.t . , l$

A PDR u)

GENERAL ELECTRIC COMPANY AFFIDAVIT I, Patrick W. Marriott, being duly sworn, depose and state as follows:

(1) I am the SBWR Project Manager General Electric Company "GE") and have been delegated the function of rev,iewing the information descr(ibed in paragr 2 which is sought to be withheld, and have been authorized to apply for its withholding.

(2) The information sought to be withheld is the GE proprietary GIST Test Data on the attached 3-1/2 inch floppy diskette.

(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 Praect v. Nucicar Regulatorv Commission. 975F2d871 (DC Cir.1992), and Public Citi7en 11galth Research Group v. FDA,704F2d1280 (DC Cir.1983).

(4) Some examples of categories of informatioa 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 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; Af0 dant l' age 1

~

I

'd. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electnc;

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)h., 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 pro;)rietary 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 public 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 on,ginatin); 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 stait' manager, project manager, other et uivalent authority, by the manager of the cogm, principal scientist orza (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, 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 test information which GE has conducted and applied to evaluate the loss-of-coolant accident for the SBWR.

The developmen*. and performance of the test program was achieved at a significant cost, on the order of several million dollars, to GE.

Affidavit Pege 2

I l' .

(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 ex:>ertise 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 ifits com 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 of the opportunity to exercise its 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 Patrick W. Marriott, 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 21 day of Octos ER. ,1993 0

(b Q O<

Patrick W(Marriott General Electric Company Subscribed and sworn before me this day of hMDbr ,19D

]

< h)O - T dktp W Notary Public, State of Calitsi'nia Affidait Page 3 ,

OFFICIAL SEAL f> l L""%e.ee,w PAULA F. HUSSEY NOTARY puruc . C4UTC.M NTA Cil.CA COUNTY e/ My comm. expires APR 5. l?y