ML20069A737

Forwards Proprietary Ssar Sections 11A.2 & 11A.4 to Specified NRR Recipients Listed on Attachment 1.Encl Withheld

ML20069A737
Person / Time
Site:	05200001
Issue date:	05/20/1994
From:	Quirk J GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19304C169	List: ML20069A737
References
MFN-071-94, MFN-71-94, NUDOCS 9405260145
Download: ML20069A737 (13)

Text

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GE Nuclear Energy Gema!Dttx Cormw

% :rwr Aw:m Sx kse CA !!SGS May 20,1994 MFN No. 071-94 Docket No.52-001 Document Control Desk U.S. Nuclear Regulatory Commission Washington DC 20555 Attention: R. W. Borchardt, Director Standardization Project Directorate Sul, ject: Submittal of SSAR Sections 11 A.2 and 11 A.4 (Proprietary Information)

Reference:

Submittal of Amendment 34, Proprietary Information to GE's ABWR SSAR MFN No. 033-94, Dated March 31,1994 o In accordance with the direction of NRR project staff, GE is providing twenty-five (25) copies of SSAR Sections 11A.2 and 11A.4 to the specified NRR recipients listed on Attachment 1. Further, nine (9) copies are sent herein to the Document Control Desk. This is being done to accelerate the distribution process and ensure timely staff receipt SSAR Sections 11A.2 and 11A.4 are the proprietary portion of Amendment 34 (Reference letter) that was awaiting affidavits from Hitachi, Ltd. and the Toshiba Corporation, joint owners of this information. These affidavits are included in this transmittal.

Sincerely, f '

y ))k, L oseph F. Obirk Project Mannger ABWR Ce :ification i MC-782, (408)925-6219 cc: S. A. Hucik (GE) .-

W. T. Russell (NRC) 1 F. J. Miraglia (NRC) l D. M. Crutchfield (NRC) ()  !

C. Posiusny, Jr. (NRC) / ')

N. D. Fletcher

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, (DOS) gg S. M. Franks (DOE)

D. J. McGoff ' (DOE) p F. A. Ross

$p (DOE)

K. E. Stahlkopf (EPRI)

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ATTACHMENT 1 DIRECT SHIPMENT OF SSAR SECTIONS 11A.2 AND 11A.4 PROPRIETARY INFORMATION G. Bagchi (2 copies)

R. J. Barrett C. H. Berlinger R. W. Borchardt (2 copies)

T. G. Collins L J. Cunningham C. I. Grimes J. W. Johnson F. Kantor C. E. McCracken P. F. McKee J. C. McKnight (9 copies)

M. M. El-Zeftawy* (9 copies) -

M. M. Slosson J. S. Wermiel G. Zech 1

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HITACHI Hitachi,Ltd.

Nuclear Power Systems Div.

AFFIDAVIT ,

I I, Yasuo Yamada, being duly swom, depose and state as follows:

(1) I am Manager, Nuclear Power Plant Department, Hitachi Ltd. 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 the attached portion of the GE ABWR Standard Safety Analysis Report (SSAR), Section 11 A.2, Liquid Radwaste System, and Section 11A.4, Solid Radwaste System.

(3) In making this application for withholding of proprietary information of which it is a -

joint owner, Hitachi, Ltd. relics 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 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 Energy Project v. Nuclear Regulatory Commission,975F2d871 (DC Cir.1992), and Public Citizen Health Research Grouo

v. FD.L704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information which fit into 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 Hitachi, Ltd.'s. competitors without license from Hitachi, Ltd. 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 Hitachi, Ltd., its customers, or its suppliers; Affidavit Page 1

+ d. Information which reveals aspects of past, present, or future Hitachi Ltd.

customer-funded development plans and programs, of potential commercial value to Hitachi, Ltd.;

c. Information which discloses patentable subject matter for which it may de desirable to obtain patent protection.

The information sought to oc withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

The information soght to bc withheld is being submitted by the General Electric (5)

Company to NRC in confidence. The information is of a sort customarily held in confidence by Hitachi, Ltd., and is in fact so held. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized 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 Hitachi, Ltd., no public disclosure has been made, and it is not available in public sources. All disclosure 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 ofinformation in confidence.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the valuc and sensitivity of the information in relation to industry knowledge. Access to such documents within Hitachi, Ltd. is limited on a "need to know" basis. ,

(7) The procedure for approval of extemal release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the 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. Disclosures outside Hitachi, Ltd. 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.

The information identified in paragraph (2) is classified as proprietary because it (8) contains detailed results of analytical models, methods and processes, which Hitachi, Ltd. has jointly developed with Toshiba Corporation and applied to liquid and solid radwaste systems for nuclear reactor generated waste. A substantial effort has been expended by Hitachi, Ltd. to develop this information in support ofits BWR nuclear reactor business.

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The development of the ABWR SSAR liquid and solid radwaste systems informat d

was achieved at a significant cost, on the order of well over one billion Japanese 53 to Hitachi, Ltd.

f Affidavit Page 2

^ The development of the ABWR SSAR liquid and solid radwaste systems informa is derived from the extensive experience database that constitutes a major Hitachi, Ltd. asset.

Public disclosure of the information sought to be withheld is likely to cause (9) substantial harm to Hitachi, Ltd.'s competitive position and foreciose or reduce the availability of profit-making opportunities. The information is part of Hitachi, Ltd.'s comprehensive BWR technology base, and its commercial value extends bey original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and include development of the expertise to determine and apply the appropriate liquid and solid radwaste systems to the ABWR.

The research, development, engineering and analytical costs comprise a substantial investment of time and money by Hitachi, Ild.

Hitachi, Ltd.'s competitive advantage will be lost if its competitors are able to freely use the results of Hitachi, Ltd. experience to verify their own process or if they are abic to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to Hitachi, Ltd. would be lost if the information were disclosed to the public. Making such information freely available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Hitachi, Ltd. of the -

opportunity to exercise its competitive advantage to seek an adequate return o large investment in developing these liquid and solid radwaste systems.

TOKYO, JAPAN )SS:

Yasuo Yamada, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and corre the best of his knowledge,

. Executed at Tokyo, Japan, this twentieth day of May,1994 asu amada Hit c ,Ltd.

d sworn before me this twentieth day of May,1994 Subsc b_--- t C., o m /-A b>

V uAnMe tgASMTA Notary Pd ; Tdye, ?: pen f

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7!M_O.T C E R TIFIC A TE This is to certify that the signature affixed to the annexed Notarial Certificate has been provided by Notary, duly authorized by the Tokyo Legal Affairs Bureau and that the Official Seal appearing on the same is genuine.

Date MAY 201994 Tomoo ARAKI Director of the Tokyo Legal Affairs Bureau

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4 APOSTTI.IR (Convention de La Haye du 5 octobre 1961)

1. Country: JAPAN This public document

2. has been algued bY Tomoo ARAKI

3. acting in the capacity of Director of the Tokyo I.egal Affairs Bureau j

4. bears the saml/ stamp of ,

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6. EY 201994

5. at Tokyo

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9. Seal / stamp:

& "Eh79 (Mr.) Hironki SAITO

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TOSHIBA Toshiba Corporation An.wAVIT I, Hideki Hara, being duly sworn, depose and state as follows:

(1) I am Senior Manager, Muclema Engineerrng-Adminiotaration Deparbrunt, Nuclear Energy Division, Energy Systems Group, Toshiba Corporation ("Toshiha") , 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 the attached portions of the G ABWR Standard Safety Analysis Report (SSAR), Section llA.2, Liquid Radwaste System, and Section llA.4, Solid Radwaste System, which were documented by General Electric ~

Campany ("G") on the basis of the technical reports provided by Toshiba to 2 under the Technical Cooperation Agrearrent between -

the two campanies.

(3) In making this application for withholdingToshiba of proprietary relics upon information of which it is a joint owner, the exemption frca disclosure set forth in the Freedom of Information Act ("EDIA"), SUSC Sec.552 (b) (4) , and the Trado Secrets Act, 18USC Sec.1905, and NRC regulations 10CFR9.17 (a)

(4), 2.790 (a) (4) , and 2.790 (d) (1) for " trade secrets and carmerm n1 or financial information obtained from a person and privileged or confidential" (Exemption 4) . The material for which exemption frem disclosure here sought is all

" confidential commercial information", and some portions also within qualify under the narrower definition of " trade secret",

the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v.

Nuclear Regulatory Conmission, 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. EDA, 704F2dl280 (DC Cir.1983).

(4) Scme e>amples of categories of information which fit into the definition of proprietary information are:

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~% that discloses a process, method, or apparatus Information s,hoso provontien r# i t-a una by Toshiba's ccacetitors without license fxxm Toshiba constitutes a campetitive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provides a ccmpetitive economic advantage, e.g. , by opt 2mization 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, shipnent, installa-tion, assurance of quality or licensing of a similar product;

d. Information which reveals cost or price information, production capacities, budget levels or carrrnercial strategies of Toshiba, its customers or suppliers;

e. Information which reveals aspects of past, present or future Toshiba custarrer-furrimi developnent plans and programs of potential ccamercial value to Toshiba;

f. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;

g. Information which Toshiba must treat as proprietary according to agreements with other parties (5) The information sought to be withheld, which is being submitted by GE to NRC in confidence, contains detailed results of analytical models, methods and processes for liquid and solid radwaste systems and is considered to be proprietary for the reasons set forth in paragraphs (4) a. , (4) .b. and (4) c. .

The information is of a sort customarily held in confidence by Toshiba, and is in fact so held. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is typically made by the section manager of the originating component, who is most likely to be acquainted with the value 2

TOSHIBA is 1.

i and sensitivity of the infomation in relation to industry knowledge. Access to such documents within the Toshiba is limited on a "need to know" basis and such documents are clearly identified as proprietary.

(7) The procedure for approval of external release of such a document typically requires review by the senior manager of the the senior department to which the originating section belongs, managers of relating departments, the senior manager of Nuclear Engineering Administration Department and Technology Executive, for technical content, relation to concerned outside organi-zations, competitive effect, and determination of the accuracy of the proprietary designation in accordance with the standards Disclosures outside Toshiba are generally enumerated above.

limited to regulatory bodies, customers and potential custcmers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

(8) The information sought to be withheld is part of Toshiba's comprehensive BWR technology base, and its corrrnercial The value value of the extends beyond the original davelopment cost.

technology base goes beyond the extensive physical database and analytical rrethodology and includes development of the expertise to determine and apply the appropriate liquid and solid radwaste systerns to the ABWR.

The research, testing, engineering and analytical work for the development of the ABWR liquid and solid radwaste systems were performed at significant cost ccrrprising a substantial investInent of time and money by Toshiba.

to the best of my (9) The information sought to be wi thheld_.has, knowledge and belief, consistently been held in confidence by Toshiba, no public disclosure has been made, and it is not available in public sources.

All disclosure to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which prov:Lde for maintenanco of the information in confidence.

(10) Public disclosure of the infomation sought to be withheld is ,

likely to cause substantial harm to the competitive position of l Toshiba and foreclose or reduce the availability of profit- l making opportunities. l 3

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Toshiba's ccrnpetitive ad7antage will be lost if its competitors are able to freely use the results of the Toshiba experience to verify their own process or if they are able to claim an equivalent understanding by dc_-nonstrating that they can arrive at the same or similar conclusions.

The value of this information to Toshiba would be lost if the infonnation were disclosed to the public. Making such infonnation freely available to competitors without their having been required to undartake a similar e>penditure of resources would unfairly provide competitors with a windfall and deprive Toshiba of the opportunity to exerc'. se its campetitive advantage to seek an adequate return on its large investment in developing these liquid and solid radwaste systems.

TOKYO, JAPAN, Hidoki Hara, being duly sworn, deposes and says:

That he has road the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed in Tokyo, Japan, this .20 day of b g/ 1994.

N Hideki Hara Toshiba Corporation Subscribed and sworn before me this 20'th_ day of MAYg 1994. _

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C ER TIFIC A TE This is to certif y that the signature affixed to the annexed Notarial Certificate has been provided by Notary, duly authorized by the Tokyo Legal Affairs Bureau and that the Official Seal appearing on the same is genuine .

Date 5/20/1 994 Tomoo AHAKI Director of the Tokyo Legal Aff airs Bureau

i. - -_ _ _ . _

APOSTrr.1R (Convention de La IIaye du 5 octobre 1061)

1. Country: JAPAN This public document

2. has been signed by Tomoo ARAKI

3. acting in the capacity of Director of the Tokyo Legal Affairs Bureau

4. bears the seal / stamp of Certifted 5- **'

M AY. 2 0.1994

7. by the Ministry of Foreign AKairs

8. 94 - No 010050

9. Seal / stamp: 10. Signature:

17 t zf (5QIGy

, (Alu M '

g gv, (M(i.) Hiroaki SAITO For the Minister for Fomign Affairs

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