ML20071F490
| ML20071F490 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 06/15/1994 |
| From: | Klapproth J GENERAL ELECTRIC CO. |
| To: | Muhammad Razzaque NRC |
| Shared Package | |
| ML20071F496 | List: |
| References | |
| JFK94-010, JFK94-10, MFN-066-94, MFN-66-94, NUDOCS 9407080249 | |
| Download: ML20071F490 (5) | |
Text
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l 5s-s04 GE NuclearEnergy June 15,1994 j fK944>10
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.\\l M. Ranaque Nuclear Rear ar Regulation U. S. NRC Ntail Stop OMTN 8E23 Washington,1)C 20535-0001
Subject:
Transmittal of TRACG User's N!anual Enclosed, per your request, are five copies of ti,e proprietary :locument, TRACG02V U3er's Manual, NEDC-32192, dated I)cccmber 1993.
Please note that some of the information co:nained in this document is of the type which GE maintains in confidence and withhohls from public disclosure. It has been handled and classified as proprietary to GE as indicated in the attached altidavit. We hereby request that this information be withhcht from public disclosure in accordance with the provisions of 10CFR2.790.
If you need f orther information, please contactJim Rash of my stalT at (408)925-3181.
Sincerely,
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GE Nuclear Energy Affidavi I, James F. Klapproth, being dul sworn, depose and state as follows:
3 (1)
I.un Managei, Fuel I.icensing, General Electric Company ("GE") ar i have been delegated the function of reviewing the information described in paragraph ('O which is sought to be withhehl, and base been authorized to apply for its withholding.
(2)
The information sought to be withheld is contained in the G't Nucicar Energy proprietary document, TIMCG02P Der's Manual, NEDC-32192, December 1993.
(3)
In making this application for withholding of proprietary information of which it is the owner, GE relics upon the exemption from disclosure set forth in the Freedom of Ir 'irma.
tion Act ("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC iegulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financialinformation obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is bere sought is all" con-tidential commercial information," and some portions also qualify under the narrower defi-nition of" trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enerev Proicct v. Nuclear Reculatory Commis-r<an 97;F2d871 (DC Cir. 1992), and Public Citizen lleahh Research Grouo v. FDA, 7 !F2dI 280 (DC Cir.1983).
(4)
Some examples of categories of information which fit into the definition of proprietary information are:
Information that discloses a process, method, or apparatus, including support-a.
ing data and analyses, where prevention ofits use by General Electric's competi.
tois without Hcense fro.n 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, manufac ire, ship-ment, inst;dlation, assurance of quality, or licensing of a similar product; Information which reveals cost or price information, production capacities, bud-c.
get levels, or commercial stratcgies of Gencial Electric, its..ustomers, or its sup-pliers; d.
Information which reveals aspects of past, present, or future General Electric custoirer-funded development plans and progmns. of pntend'd commeuial value to General Elet. trit;
Infor mation whic h discloses patentable subject matter for which it may be desir-c.
able to obtain patent protection.
The information sought to be withhcht is considered to be proprietary for the reasons set for th in both paragraphs H)a. and (1)h., above.
(5)
The information sought to be withheld is being submitted to NRC in confidence. The infor-mation is of a soit r ustomarily held in confidence by GE, and is in fact so held. Its initial des-ignation as proprietarv information, and the subsequent steps taken to prevent its g
uranthorized div losure, are as set for th in (6) and (7) following. The information sought to he withheld has, to the best of my knowledge and belief, consistently been held in confi-dence by GE, no public disclosure has been matte, 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 provision; or proprietary a,seements which pro-side foi maintenance of the in'ormation in confidence.
(6)
Initial approval of proptictaiv ticatment of a document is made by the manager o' the o.igi-nating component, the person most likely to be ac quainted with the value and xnsitiv ty of the infor mation in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" hasis.
(7)
The piotedme for approval of external release of such a document typically requires review by the staff manner, project manager. principal scientist or other equivalent authority, by the manager of the cognirant marketing function (or his delegate), and by the Legal Opera-tion, f or technical content, competithe efrect, and determination of the accuracy of the pro-prietary designation. Disclosures outside GE are limited to regulatoix bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legiti-mate need for the information, and then only in accordance with appropriate regulatory provisiens or proprietary agreements.
(8)
The information identined in paragraph (") is classi6cd as proprietary because it contains detaih of the methods development and supporting data and analpes, including test data and modeling, relative to the TRACL amputer program. This program is intended for use as the licensing basis code for evaluating BWR response to transients, loss-of-coolant acci dents, reactivny insertion accidents, and anticipated transients without scram. This code I.as been under development by GE for over ten years, at a total cost in excess of $3 million. This information is considered to be proprietary for the reasons set forth in both paragraphs 1.a and 4.b. above.
The development of the evaluation process along with the interpretation and application of the results is derised from the extensive experience database that constitutes a major GE asst t.
(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 oppor-tunities. The information is part of GE's comprehensive BWR safety and technology base, 4
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d 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 development of the expertise to determine and apply the appropriate evalua-tion process. In addition, the technology base includes the value derived from prosiding analyses done with NRC approved methods.
The research, development, engineering, analytical, and NRC resiew costs comprise a sul>
stantialinvestment of time and money by GE.
The precise value of the expertise to devise an evaluation process and apply the correct ana-lytical methodology is difficult to quantify, but it clearly is substantial.
GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process er 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 dieir having been required to undertake a similar expenditure of resources would unfairly provide competi-tors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analyti-cal tools.
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State of California -
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County of Santa Clara ) ss:
James E Klapproth, being duly sworn, deposes and says:
That he has read Jie foiegoing affidavit and the ruatters stated therein are true and correct to the best of his knowledge, information, and belief.
d Executed at SanJose, California, this Nmday o@,1991_,_
3v~rsE ks James E Klapproth General Elecuic Cornpany Subscribed and swon before me this MN day of b-<.19 9J
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w Notary Public, State of Califorma9 JUUE A. CURIS
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