ML20064D484

Forwards Proprietary NEDE-25445, VT Yankee Cycle 8 Stability & Recirculation Pump Trip Test Rept. Rept Withheld (Ref 10CFR2.790).Affidavit Encl

ML20064D484
Person / Time
Site:	Vermont Yankee
Issue date:	12/30/1982
From:	Quirk J GENERAL ELECTRIC CO.
To:	Berlinger C Office of Nuclear Reactor Regulation
Shared Package
ML19262G954	List: ML20064D484
References
MFN-203-82, NUDOCS 8301040665
Download: ML20064D484 (5)

Text

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GENERAL h ELEC IC NUCLEAR POWER SYSTEMS DIVISION MFN-203-82 GENERAL ELECTRIC COMPANY 175 CURTNER AVE., SAN JOSE, CALIFORNIA 95125 i MC 682, (408) 925-2606 December 30, 1982 U. S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, DC 20555 Attention: Mr. Carl H. Berlinger, Chief Core Performance Branch Gentlemen:

SUBJECT:

SUBMITTAL 0F PROPRIETARY INFORMATION REPORT ON VERMONT YANKEE CYCLE 8 STABILITY AND RFCIRCULATION PUMP TRIP TESTS (NEDE-25445)

Three copies of the proprietary report NEDE-25445 entitled " Vermont l Yankee Cycle 8 Stability and Recirculation Pump Trip Test Report" are attached for your information. This report is being submitted at NRC request and documents the results from twelve stability tests and a recirculation pump trip (RPT) test conducted at Vermont Yankee on March 14, 18 and 19, 1981, before and following the first rod sequence exchange of fuel cycle 8. This information was discussed with the staff on August 13, 1982 in Bethesda, Maryland. The report is being submitted as an informa-tion report only and no formal NRC approval is required.

The stability tests discussed in the report were purposely designed to obtain data including natural circulation test conditions. These tests were run to: (1) qualify the Vermont Yankee core stability performance, (2) assess high decay ratio plant operating characteristics, and (3) qualify stability models. The recirculation pump trip (RPT) test was run to provide data to Vermont Yankee for model qualification.

Information contained in NEDE-25445 is of the type which GE has maintained in confidence and withholds from public disclosure. It has been handled q and classified as proprietary by General Electric as indicated in the Ph?

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G NERAL $ ELECTRIC Carl H. Berlinger Page 2 December 30, 1982 Affidavit of Joseph F. Quirk (Attachment) and we hereby request that it be withheld from public disclosure in accordance with the provisions of 10CFR2.790.

Very truly yours,

. irk, Manager

( Systems Licensing lear Safety & Licensing Operation JFQ: cal /K12273 Attachment cc: L. E. Phillips (NRC)

G. A. Schwenk (NRC)

L. S. Gifford (GE, Bethesda)

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

1. I am Manager, BWR Systems Licensing, Safety & 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 information sought to be withheld is General Electric's licensing information report NEDE-25445 entitled " Vermont Yankee Cycle 8 Stability and Recirculation Pump Trip Test Report".

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;

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, budg'et 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 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 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

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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 prcprietary agreements.

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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. s

9. The document mentioned in Paragraph 2 above, provides a detailed '

discussion of the results from twelve stability tests ar.d a retircul, ' .

ation pump trip (RPT) test conducted at Vermont Yankee in March 1981. This information is proprietary. ,

i q STATE OF CALIFORNIA 1, 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 therei.n are tree ano correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 29Iay of kdru,198,d,.

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Jos h F. Quirk

Ge al Electric Company Subscribed and sworn before me this.2J_ Iay of M 1981 A

NGTARY PUBLIC, STATE OF CALIFORNIA q OFFICIAL SEAL .

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