ML20063B690
| ML20063B690 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 08/18/1982 |
| From: | Davidson D CLEVELAND ELECTRIC ILLUMINATING CO. |
| To: | Schwencer A Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19297F508 | List: |
| References | |
| NUDOCS 8208260151 | |
| Download: ML20063B690 (4) | |
Text
_ _ _ _ _ _ _ _ _ _ _ _ _.
' THE CLEVELAND ELECTRIC ILLUMIN ATING COMPANY P.o Box 5000 g
CLEVELAND. ohio 44101 e TELEPHONE (216) 622-9800 m ILLUMINATING BLOG e 55 PUPLIC SoUARE Serving The Best Location in the Nation Dalwyn R. Davidson August 18, 1982 wCE PscstoENT SYSTEM ENGINEERING AND CONSTRUCTION Mr. A. Schwencer, Chief Licensing Branch No. 2 Division of Licensing U. S. Nuclear Regulatory Commission Washington, D. C.
20555 Perry Nuclear Power Plant Docket Nos. 50-440; 50-441 PROPRIETARY INFORMATION-GE's Licensing Topical Report -
NEDE-24326-P, " General Electric Environmental Qualification Program
Dear Mr. Schwencer:
Attached herewith are forty (40) copies of information proprietary to the General Electric's Environmental Qualification Program.
NEDE-24326-P is submitted alcag with an affidavit prepared by an official of the General Electric Company describing why this information should be withheld from public disclosure in accordance with 10 CFR, Part 2.790.
In a meeting dated February 23, 1982, the Perry Nuclear Power Plant Equipment Qualification Program was presented to NRR/EQB.
During that meeting, the Licensing Topical Report forwarded with this letter was discussed. The purpose of this report is to establish the basis for General Electric equipment qualification work.
This report will affect the Equipment Qualification program of several utilities and its timely review is necessary to maintain the Perry licensing schedule. In order to meet our schedule it is requested that you provide comments to us on this report by Octooer 15, 1982.
If you have any questions, please contact Mr. K. Matheny at (216) 259-3737.
Very truly yours, 1
8208260151 820818 Dalwy R. Davidson PDRADOCK050COh Vice President System Engineering and Construction DRD:WEC:mb
(%n e: PoR A.fd4)hn}j/
hr-cc: Jay Silberg, Esq.
1f%$
John Stefano ggg 3 \\CM Max Gildner gy
- 3. Kennedy
/
w/o Attachments
l GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager, Nuclear Safety and Licensing Operation, 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 material sought to be withheld is those sections of the General Electric Licensing Topical Report NEDE-24326-P, " General Electric Environmental Qualification Program," marked with a vertical bar in the right hand margin of the page.
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 obtain an advantage over competitors who do not know or use it....
A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring informa-tion...
Some factors to be considered in determining whether given information is one's trade secret are:
(1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures 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."
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 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 consisting of supporting data and analyses, includ-ing test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability; )
J
I c.
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; d.
Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers; e.
Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs of potential commercial value to General Electric; f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; g.
Information which General Electric must treat as proprietary according to agreements with other parties.
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, technical and editorial review.
This practice is based on the fact that draft documents often do not appropriately reflect all aspects of a problem, may contain tentative conclusions an;.ay contain errors that can be corrected during normal reviev
+.d approval procedures.
Also, until the final document is completed it may not be possible to make any definitive determination as to its proprietary nature.
General Electric is not generally willing to release such a document to the general public in such a preliminary form.
Such documents are, however, on occasion furaished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staff to be promptly furnished with significant or potentially significant information.
Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprietary position and permitting General Electric to insure the public documents are technically accurate and correct.
6.
Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietary.
7.
The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant 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 l i
standards enumerated above.
Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees only in accord-ance with appropriate regulatory provisions or proprietary agreements.
8.
The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.
9.
The material mentioned in Paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.
Glenn G. Sherwood, 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 San Jose, California, this _1_3 day of Auaust
, 1982 NW.
(A4&
Glenn G. Sherwood General Electric Company STATE OF CALIFORNIA
) ss:
COUNTY OF SANTA CLARA
)
Subscribed and sworn before me this _1_3 day of Aunust 1982 gesecesecemosecocococococococq h-L, O IY KAR SV ELH ER e
N-
/
TARY PUBLIC IN Alds FOR SAID o
NOTARY PUBUC-CAUFORNIA 8
SANTA CLARA COUNTY o 4d 8 My Commission Expires Dec. 21,1984 0
COUNTY AND STATE hocanososococosooooooooooosh GGS:sem/B072916 7/30/82.J