ML20064N489
| ML20064N489 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 03/23/1994 |
| From: | Leatherman J GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19304B890 | List: |
| References | |
| MFN-036-94, MFN-36-94, NUDOCS 9403290341 | |
| Download: ML20064N489 (5) | |
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GENuclear Energy GerwalElectnc Company 175 Curtnw Avenue. San.iose. CA 9512S March 23,1994 MFN No. 0%94 Docket No. STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention:
Richard W. Borchardt, Director Standardization Project Directorate
Subject:
NRC Request for Additional Information (RAI) on the Simpilfled Holling Water Reactor (SilWR) Design
Reference:
1.
Transmittal of Request for Additional Information (RAI) for the SBWR Design, Letter from M. Malloy to P. W. Marriott dated August 20,1993
. 2.
.MFN No.166-93, Same Subject, J. F. Quirk to J. N. Wilson, October 19,1993 3.
Fax Same Subject, M. Malloy to T. McIntyre, February 14, 1993 in response to the Reference 1 letter request for transmittal of GIRAFFE facility data, GE' submitted a response to RAI 950.17. The purpose of this letter is to transmit additional'-
information regarding this facility as requested in Reference 3.
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 3roprietary to GE as indicated m the attached affidavits. We hereby request that this information t
>e withheld from public disclosure in accordance with the provisions of 10CFR2.790.
Sincerely, r;
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J. E. Leatherman Manager, SBWR Design Certification MC-781, (408)925-2023
Enclosure:
1 Copy of Reference 3 cc: M. Malloy, Project Manager (w/2 copies of Enclosure 3)
F. W. Hasselberg, Project Manager (w/l copy of Enclosure 3)
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4 GENERAL ELECFRIC COMPANY AEELDAVIT I, Patrick W. Marriott, being duly sworn, depose and state as follows:
(1)
I am the Manager, Advance Plant Technologies, General Electric Company GE") and have been delegated the function of reviewing the information d("escribed 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 GE proprietary responses to NRC Requests for Additional Information (RAls) 950.17.
(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 f(man 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, respectivej, Critical Mass Enerev Project v. Nuclear Reculatory Commission. 975F2d871 DC Cir.1992), and. ~
~
Putilic Citizen IIgith Research Group v. FDA,704F2d 280 (DC Cir.1983).
(4)
Some examples of categories ofinformation which fit into the definition of proprietary information are:
Information that discloses a process, method, or apparatus, including a.
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; Afridavit l' age 1
d.
Information which reveals aspects of past, present, or future General commercial value to General Electric; plans and programs, of potential Electric customer-funded development 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)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 proprietary information, and the subsequent steps taken to prevent its unauthonzed 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 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 proprietar agreements which provide for maintenance of the information in confidence.y (6)
Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most lilcely 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 cognizant marketing function (or his ielegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietar designation. Disclosures outside GE are limited to regulatory bodies, y 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 design information which GE has developed using computer codes and test data achieved at a significant cost, on the order of Jeveral million dollars, to GE and its associates. The information is considered.
p oprietary for the reasons set forth in both paragraphs (4).a and (4).b above 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 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 expertise to devise an evaluation process and apply the.
correct analytical methodofogy is difficult to quantify, but it clearly is substantial.
GE's competitive advantage will be lost if its competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating 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 amd 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 83 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 -24 day of
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OFFICIAL PAULA F. HUSSEY I
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Notary Public, State of Califorgia Affidavit Page 3
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RAI Number: 950.17 Question:
Provide a complete piping diagram with valve locations, pipe inner and outer diameters, and flow orifice locations and flow orifice loss coefficients, along with a detailed description of the reactor pressure vessel. ~ [For example, Figure 2.S7 details the main loss-of-coolant accident (LOCA) and passive. containment cooling gas vent lines. There should be information on the dimensions of the LOCA vent line and the location of the 3 holes in the vent line.)
Response Supplemental Response:
The attached tables and figures describe the GIRAFFE Test Facility in detail. All of this information is from as-built drawings or direct measurements by Toshiba.
This information supplements the earlier response provided in MFN No.166-93,J. F.
Quirk toJ. N. Wilson, dated October 19,1993.
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