ML20069E404

Forwards Addl Info Re Sbwr Design to Permit Confirmatory Testing.Encl Withheld (Ref 10CFR2.790)

ML20069E404
Person / Time
Site:	05200004
Issue date:	05/31/1994
From:	Marriott P GENERAL ELECTRIC CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19304C209	List: ML20069E404
References
MFN-077-94, MFN-77-94, NUDOCS 9406070175
Download: ML20069E404 (5)

Text

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GE Nuclear Energy i

GeneralDectric Curwy l l U5 Curwe Avenue. Se hse CA 95125 i

May 31,1994 MFN No. 077-94 ,

, Docket No. STN 52-004 i

Document Control Desk U.- S. Nuclear Regulatory Commission Washington, D. C. 20555 .

Attention: ' Richard W. Borchardt, Director Standardization Project Directorate

Subject:

NRC Requests for Additional Information (RAIs) on the Simplified Boiling Water Rezetor (SBWR) Design

References:

Transmittal of Requests for Additional Information (RAls) ,

Requesting the SBWR Design, Letter from M. Malloy to P. W. Marriott dated April 19,1994 The Reference letter requested additional information regarding the SBWR design to permit the staff and its Purdue University contractor to design an integral SBWR test facility for confirmatory testing. In fulfillment of this request, GE is submitting Attachment I to this letter which transmits the-  :

responses to the Purdue Set 4 of RAIs 1 - 22. Much of the information requested in these RAls requires calculations and/or analyses which need to be accomplished by others (not GE) to preserve the independence of the Purdue activity. Therefore, and with full endorsement of NRC through telephone discussions, GE has herein provided references to previously submitted documents which contain component dimensions from which the requested parameters can be calculated.

Should questions arise during these calculations, GE will be pleased to consult at any time.

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, l 9406070175 DR 940531 I ADOCK 05200004 PDR

MFN No. 077-94 Page 2 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 proprietary to GE as indicated in the attached affidavit. We hereby request that this information be withheld from public disclo.sure in accordance with the provisions of 10CFR2.790.

Sincerely, J ,

/

P. W. Marriott, Manager f/ Advanced M/C 781, Plant Technologies (408) 9254948 Attachment 1, " Responses to NRC RAls" cc: M. Malloy, Project Manager (w/2 copies of Attachment 1)

F. W. Hasselberg, Project Manager (w/l copy of Attachment 1)

GENERAL ELECTRIC COMPANY AFFIDAVIT 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 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 GE proprietary response to NRC Requests for Additional Information Purdue Set 4 Questions 6, 7, 8 and the information contained in References 16 and 19 to which these questions refer. This information is contained on GE proprietary drawings and in data book.s.

(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 ofInformation 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 Enercy Project v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA,704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information which fit into the definition of .

proprietary information are: F

]

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license from General Electric constitutes l

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; Affidavi. Page 1

I t

d. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to_ General Electric;

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 unauthorized disclasure, 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 GE, no

public disclosure has been made, and it is net available in public sources. All i disclosures 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 of the information 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 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 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 GE 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.

(8) The information identified in paragraph (2) is classified as proprietary because it contains details of the SBWR fuel design and the method of development and supporting data and analyses relative to the TRACG computer program.

This program is intended for use as the licensing-basis code for evaluating BWR response to transients, loss-of-coolant accidents, reactivity insertion accidents, and anticipated transients without scram. This code has been under development by GE for over ten years, at a total cost in excess of $3 million.

l This information is considered to be proprietary for the reasons set forth in l both paragraphs 4.a and 4.b, on the previous page.

I Affidavit Page 2

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(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 opportunities. 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. j 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 l correct analytical methodology is difficult to quantify, but it clearly is  ;

substantial. l l

l 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 l are able to claim an equivalent understanding by demonstrating that they can i arrive at the same or similar conclusions.  !

l i The value of this information to GE would be lost if the information were j disclosed to the public. Making such information available to competitors i

l without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE i amd its associates of the opportunity to exercise their competitive advantage to  !

i seek an adequate return on their large investment in developing these very valuable analytical tools. ]

l STATE OF CALIFORNIA ) I COUNTY OF SANTA CLARA )SS-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 2 day of .>vNE ,19 94-Patrick W. Marriott General Electric Company Subscribed and sworn before me this 2 d day of *L ,19f/

h% A's&sA Notary Pdblic, State of California

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