ML20059J101

Forwards Proprietary Response to Request for Addl Info Re Simplified BWR Giraffe Test Program.Encl Withheld (Ref 10CFR2.790)

ML20059J101
Person / Time
Site:	05200004
Issue date:	01/18/1994
From:	Marriott P GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19303F782	List: ML20059J101
References
MFN-006-94, MFN-6-94, NUDOCS 9401310351
Download: ML20059J101 (4)

Text

9 GENuclear Energy Genert Dectiic Company 175 Cunnet Avenue, San Jaw CA 9512S t

January 18,1994 MFN No. 006-94 Docket STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington DC 20555 Attention: Richard W. Borchardt, Director Standardization Project Directorate

Subject:

NRC Requests for AdditionalInformation (RAls) on the Simplified Boiling Water Reactor (SBWR) Design

Reference:

1. Transmittal of Requests for Additional Information (RAls) for the SBWR Design, Letter from M. Malloy to P. W. Marriott dated September 15,1994.

2. Summary of meeting on October 25 and 26,1993, and Follow-up Telephone Conference Call on October 29,1993 to Discuss Test Program Activities Conducted at the Gravity-Driven Integral Full-Height Test for Passive IIcat Removal (GIRAFFE) Thermal-llydraulic Test Facility in Kawasaki City, Japan.

The Reference i letter requested additional information regarding the S'BWR GIRAFFE Test Program. In fulfillment of this request, GE is submitting responses to RAls 900.2 - 900.26 and also responses to additional questions from Reference 2 regarding these RAls.  :

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

Sincerely,

)

P. W. Marriott Manager, Advance Plant Technologies MC-781, (408)925-6948 gg h- ,

O cc: M. Malloy, Project Manager (NRC) (2 attachments) 1  :

F. W. Hasselberg, Project Manager (NRC) (1 attachment) g(pb 0 mumw w 2501 0 g

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i GENERAL ELECI'RIC COMPANY AFFIDAVIT I, Patrick W. Marriott, being duly sworn, depose and state as follows:

(1) I am the Managc.; Mvance Plant Technologies, General Electric Company ("GE")

and have been debpated the function of reviewing the information described in paragrap withholdm,h g. 2 which .is sought to be withheld, and have been authorized to apply for (2) The information sought to be withheld is contained in the response to NRC Requests l for Additional Information 900.2 - 900.26. The addendum to responses sent week of October 18,1993, RAI 950 series, the Addendum to responses for questions from the Purdue meeting, and questions from introduction to October 25-26 NRC meeting.

(3) In making this application for withholding of proprietary information of which it is an l 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 i' 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 Enerev Proie et v. Nuclear Reculatory Commission. 975F2d87L (DC -  !

Cir.1992), and Public Citizen 11gilth Research Group v. FDA,704F2d1280 (DC Cir. -

1983). -

(4) Some examples of categories ofinformation 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 Elecinc constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his mye his competitive position in the expenditure of resources design, manufacture, shipment, or im; installation, assurance of quality, or licensing of a similar product; l

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

its customers, or its suppliers; l

Afridavit Page !

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

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 proarietary information, and the subsequent steps taken to prevent its unauthorizec disclosure, are as set forth in (6) and (7) following. 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 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 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, principal scientist or other ec uivalent authority, by the manager of the cognizwd 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, 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 classithd as proprietary because it contains details of test 3rograms which GE and its associate have conducted and applied to evaluate tie loss-of-coolant accident for the SBWR The development and performance of the test program was achieved at a 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 prepare the information, cannot be easily separated into its respective parts. In addition to its direct competitive value to GE, the

• treatment of the information is bound by contract provisions of an Agreement ,

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

information.

Affidavit Page 2  ;

(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 methodo:ogy 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 expertise to devise an evaluation process and apply the correct anal substantial. ytical methodology is difficult to quantify, but it clearly is GE's competitive advantage will be lost if its 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 unTairly provide competitors with a windfall, and deprive GE and 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.

STATE OF CALIFORNIA 33 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 F.o day of JA-y , 19 s 4 Patrick WjMarriott ,

General Electric Company Subscribed and sworn before me this 90 day of luunN ,193L{

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'Notary hwbb . hh EL ~

\ PAULA F. HUSSEY - T

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Put lic, State of Califorq}a

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My comm. expires APR 5, 1994 2 '

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Affidavit Page 3 J