ML20063M611

Forwards Proprietary Portion of Amend 6 to SAR Re Environ Qualification of safety-related Equipment.Affidavit Re Proprietary Nature of Amend Encl.Amend 6 Proprietary Portion Withheld (Ref 10CFR2.790)

ML20063M611
Person / Time
Site:	05000447
Issue date:	08/31/1982
From:	Villa R GENERAL ELECTRIC CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19289B116	List: ML20063M611
References
JNF-42-82, MFN-12-82, NUDOCS 8209150283
Download: ML20063M611 (6)

Text

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GENER AL h ELECTRIC NUCLEAR POWER SYSTEMS DIVISION GENERAL ELECTRIC COMPANY.175 CURTNER AVE.. SAN JOSE. CALIFORNIA 95125 MFN-120-82 JN F-42-82 MC 682, (408) 925-5722 August 31, 1982 U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 Attention: Mr. D. G. Eisenhut, Director Division of Licensing Gentlemen:

SUBJECT:

SUBMITTAL OF PROPRIETARY INFORMATION FOR REVIEW 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II);

DOCKET NO. STN 50-447 General Electric is submitting 60 copies of the proprietary portion of Amendment No. 6 pertaining to the environmental qualification of safety-related equipment, which we are requesting be withheld from public disclosure and considered as proprietary pursuant to Section 2.790 of 10CFR Part 2.

The information contained herein amends a detailed discussion of how GE will environmentally qualify safety-related equipment. This includes GE's implementation of NRC and industry requirements and a review of qualification test methods.

It is, therefore, requested that this document be included in the review of GESSAR II and that it be held in confidence and not be released for publication or otherwise disclosed.

The nonproprietary information of Amendment No. 6 is provided under separate cover.

Oku Sincerely,

e. (?og ,( g N Ad R. Villa, Manager BWR Standardization Nuclear Safety & Licensing Operation i/ $$[sedS

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GGS:csc/21 Attachments cc: L. S. Gifford (w/o Att) T. H. Novak (w/o Att)

M. D. Lynch (w/o Att) C. O. Thomas (w/o Att) 8209150283 820831 PDR A

ADOCK 05000447 PDR

GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Joseph F. Quirk, being duly sworn, depose and state as follows:

1. I am Manager of BWR Systems Licensing, 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 information sought to be withheld is contained in the proprie-tary supplement to Section 3.11 and Appendix 31 of 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSAR II).

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 i 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; NS:csc/IO8304 1

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c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the desi 0n, 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-tunded 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 and may contain errors that can be corrected during normal review and 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 furnished 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 proprie-tary.

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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 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 accordance 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 information to the best of my knowledge and belief, has consis-tently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.

10. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit-making opportunities because:

a) It was developed with the expenditure of resources exceeding

$100,000.

b) Public availability of this information would deprive General Electric. of the ability to seek reimbursement, would permit competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric.

c) Public availability of the information would allow foreign competitors, including competiting BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by foreign competitors would give them a competitive advantage over General Electric by allowing foreign competitors to produce their containment at lower cost than General Electric.

NS:csc/IO8304 3

STATE OF CALIFORNIA COUNTY OF SANTA CLARA

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Joseph F. Quirk, 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.

J%LrphfF. Quirk G g eral Electric Company Subscribed and sworn to before me on this 31 day of August, 1982.

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'/ REGULAT0RY C0MMISSION In the matter of ) ,

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> General Electric Company ) Docket No. STN 50-447 Staydard Plant )

SUBMITTAL OF PROPRIEfARY INFORMATION FOR REVIEW OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)

. General Electric Company, applicant in the above_ captioned proceeding, hereby submits proprietary information to be included in the review of the 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSAR II).

This proprietary material, pertaining to the environmental qualification of safety related equipment, is part of Amendment No. 6 to GESSAR II.

Respectfully submitted, General Electric Company by:

Ru'dolph Villa, Manager i

BWR Standardization STATE OF CALIFORNIA )' '

COUNTY OF SANTA CLARA) 9s:

On this 31 day of August in the year 1982, before me, Karen S.

Vogelhuber, Notary Public, personally appeared Rudolph Villa, personally proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that he executed i t.

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