ML20072J182
| ML20072J182 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 08/18/1994 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19353C416 | List: |
| References | |
| MFN-100-94, NUDOCS 9408260231 | |
| Download: ML20072J182 (8) | |
Text
{{#Wiki_filter:l GE Nuclear Energy licensing & Cmsul tong Services reneret Deant Corrpan 12300 Twinbird Parkww Swte 31S Rodrville, MD 20852 301 770 9650 August 18,1994 hiFN No.100-94 : Docket STN 52-004 ; Document Control Desk ' U. S. Nuclear Regulatory Commission Washington, DC 20555 Attendon: Richard W. Borchardt, Director Standardization Project Directorate '
Subject:
Slides Used at SBWR NRC Meeting 18 August,1994 To Discuss the i SBWR Test and Analysis Progratn Description, NEDC-32391-P (Drup) This letter transmits a copy of the slides used at the subject meeting regarding the SBWR Test and Analysis Program Description report, NEDC-32391-P. Please note that the information contained in the slides is of the type whic'. GE maintains in confidence and withholds from public disclosure. They have been i handled and classified as proprietary to GE as indicated in the attached aflidasit. ! We berchy request that this information be withheld from public disclosure in i accordance with the provisions of10CFR2.790. l l Sincerely, a O, l b/k P. W. hidriott, hianager l [ Advanced Plant Technologies Attachments:
- 1. Slides used at the 18 August,1994 meeting which discussed the SBM7t Test and Analysis Program Description !
(TAPD), NEDC-32391-P (Draft) ,
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cc: R. Hasselberg ] g : ))(0 !9d I -0 l hl. hialloy Oi ) FA ( 0 9408260231 94cggg < -{DR ADOCK 05200004 I PDR
l l l l 1 GENERALELELTRIC COMPANY l AFFIDAVIT I, Patrick W. Marriott, being duly swom, depose and state as follows: (1) I am the Manager, Advance Plant Te:hnologies, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph 2 1 which is sought to be withheld, and have been authorized to apply for its withholding. (2) ne information sought to be withheld is contained in GE proprietary slides presented at the August 18,1994, meeting with NRC to discuss the GE proprietary Licensing Topical Report, NEDC-32391P,"SBWR Test and Analysis Program Description (TAPD) DRAFT", (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 Infom1ation 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 Mm Enercy Pro 1ect v. Nuclear fleMatory Commimon. 975F2d871 (DC Cir.
1992), and Public Citizen Heahh Reneamh broun v. FDA. 704F2dl280 (DC Cir. 1983). (4) Some examples of categories ofinformation which fit into the definhion of proprietary informadon art:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competiton 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, manufactum, shipment, installation, assurance of quality, or licensing of a similar product;
- c. Infonnation which reveals cost or price information, production capacities, budget levels, or commercial strategies of General Electric,its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future General Electric customer funded development plans and programs, of potential commetrial value to GeneralElectric;
- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
De infonnation sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above. Affidavit Page 1
(5) he informadon sought to be withheld is being submitted to NRC in confidence. He 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 subsec uent 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 GE, no public disclosure has been made, and it is not available in public sources. All disclosures to thini pardes 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 originaung 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 extemal release of such a document typically requires review by the staff manager, project manager, principal sciendst or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and b the legal Operation, for technical content, competitive effect, and determination o.Ethe accuracy* of the proprietary designation. Disclosmes 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) De informadon identified in paragraph (2) is classified as pmprietary because it contains details of the method of development and sepporttng data and analyses relative to the TRACG computer program. This program is mtended 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. His code has been under development by GE for over ten years, at a total cost in excess of $3 million. This inforrnation is considered to be proprietary for the reasons set forth in both paragraphs 4.a and 4.b on the previous page. (9) Public disclosure of the infonnation sought to be withheld is likely to cause substandal harm to GEs competitive position and foreclose or reduce the availability of profit-making opportunities. The mformation is pan of GEs comp :hensive BWR safety and technology base, and its commercial value extends beyond the odginal development cost. W value of the technology base goes beyond the extensive physical database and analytical methodology and includes the value derived fmm pmviding analyses done with NRC approved methods. He research, developiaent, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GB and its associate. ne precise value of the expertise to dcvise an evaluation process and apply the correct analytical methodology 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 equnalent understanding by demonstrating that they can arrive at the same or similar conclusions. Affidavit Page 2
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 of the opportunity to exercise its competitive advantage to seek an adequate return on the large investment in developing these very valuable analytical tools. STATE OF MAltYIAND )SS: COUNTY OF MONTGOMERY ) 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 Ilockville, Maryland, this N day of A u CrVIT .1994 h Patrick W. Marriott General Elect ric Company Subscribed and sworn bef< e me tNs 10 ay of 4\)bl/SI .1994 3 LI OM'I Y . M No ary Pullic, State of l Maryh/nd
\
TAM tfAISE GOUGH TOTAFFV W1h)CSTAT U MNMNO uv cnnw e* ,e w m A m m o c95 Afridavit Page 3
)
GE Nucle:r Energy Ocensrng & Cordwg Ser v ix: Genera! Dewt Ccmpany 12300 Twurbrock Prhay Sune 315 krMe. M3 20652 301 170 9650 August 18,1994 MFN No.100-94 Docket STN 52-004 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Attention: Richard W. llorchardt, Director Standardization Project Directorate
Subject:
Slides Used at SBWR NRC Meeting 18 August,1994 To Discuss the SBWR Test and Armlysis Program Descdption, NEDC32391-P (Drap) This letter transmits a copy of the slides used at the subject meeting regarding the SBWR Test and Analysis Program Description report, NEL)C-32391-P. Please note that the information contained in the slides is of the type which GE maintains in confidence and withholds from public disclosure. They have been handled and classified as proprietary to GE as indicated in the attached aflidavit. ] We hereby request that this information be withheld from public disclosure in accordance with the provisions of10CFR2.790.
)
Sincerely, j (1 / P. W. MIriott, Manager Advanced Plant Technologies l Attachments: 1. Slides used at the 18 August,1994 meeting which discussed the SDWR Test and Analysis Program Descn'ption (TAPD), NEDC-32391-P (Draft) l I cc: R. Ilasselberg M. Malloy I
GENERAL ELECTRIC COMPANY AFFIDAVIT I, Patrick W. Marriott, being duly swom, depose and state as follows: (1) I am the Manager, Advance Plant Technologies, Geneml 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 authorhed to apply for its withholding. (2) ne informadon sought to be withheld is contained in GE proprietary slides presented at the August 18,1994, meeting with NRC to discuss the GE pmprietary Licensing Topical Report, NEDC-32391P,"SBWR Test and Analysis Program Description (TAPD) DRAFT". (3) In making this application for withholding of proprietary information of which it is an owner, GE relies upon the exemption from disclosure set fonh 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 comme tial or financial infonnation obtained from a person and privileged or confideadal" (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 assi; pied to those terms for purposes of FOIA Exemption 4 in, respectively, '
Critical Man herry Protect v. Nuclear Recuhtory Commlumn. 975F2d871 (DC Cir. 1992), and Public Citinn Heahh Reseamh Droup v. FDA.704F2d1280 (DC Cir. 1983). (4) Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses a pmcess, method, cr apparatus, including supporting data and analyses, where prevention ofits use by General Electric's compedtors 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, manuft.cture, shipment,instaflation, 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 Flectric, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future General Electric customer funded development plans and programs, of potential commercial value to GeneralElectric;
- e. Information which discloses patentab'e subject matter for which it may be desirable to obutin pa'ent protection.
De information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above. Affidavit Page 1
(5) The informadon sought to be withheld is being submitted to NRC in confidence.
%c information is of a soit 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 disclosure, are as set forth in (6) and (7) following.
The infonnation 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 not available in public sources. All disclosures to thini parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or pmprietary agreements which pmvide for maintenance of the informationin confidence. (6) Initial approval of proprietary treatment of a document is made by the manager of the odginanng 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 pmcedure for approval of external release of such a document typically requires revww by the staff manager, project manager, principal scientist or other eqmvalent authcrity, 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 previsions or proprietary agreements. (8) ne informadon identifled in paragraph (2) is classified as proprietary because it contains details of the method of development and suppoting data and analyses relative to the'IRACG computer program. His program is mtended for use as the licensing-basis code for evaluating BWR response to transients, loss-of coolant accidents, reactivity insertion accidents, and anticipated tunsients without scram. This code has been under development by GE for over ten years, at a total cost in excess of $3 million. This information is considered to be pmprietary for the reasons set forthin both paragraphs 4.a and 4.b on the previous page. Public disclosure of the information sought to be withheld is likely to cause (9) substantial harm to GE's competitive position and foreclose or reduce the availability of profit making opportunities. The mfonnation is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the odginal development cost. The value of the technology base goes beyond the extensh c physical database and analytical methodology and includes the value derived from pmviding analyses done with NRC approved methods. The research, development, engineering, analytical, and NRC review costs comprise a substantialinvestment of time and money by GE and its associate. De precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it cleady is substantial. GE's competithe advantage will be lost if its competitors are able to use the results of the GE expen'ence to normalize on erify their own process or if they are able to claim an equhalent understanding by demonstrating that they can arrive at the same or similar conclusions. Affidavit Page 2
O The value of thin 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 of the opportunity to exercise its competitive advantage to seek an adequate return on the large investment in developing these very valuable analytical tools. STATE OF MARYLAND )SS: COUNTY OF MONTGOMERY ) 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 mickville, Maryland, this I6 day of A u ov5T .1994 I' Patrick W. Marriott General Electric Company Subscribed and sworn beft e me this lh av >f NVbdFI 1994 3 tl SWIN f Ny ary Puillic, State of4 Maryldnd D'A $rx.E Got.9H ytyrhb< t*drSTAT U MN#JPC ascw n n ~ se++ o,r.,e >? c?; Affidavit Page 3}}