ML20072P872
| ML20072P872 | |
| Person / Time | |
|---|---|
| Site: | Hope Creek  |
| Issue date: | 08/23/1994 |
| From: | Miltenberger S Public Service Enterprise Group |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19353C459 | List: |
| References | |
| NLR-94147, NUDOCS 9409080269 | |
| Download: ML20072P872 (7) | |
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Pubhc Service Electnc and Gas Company St:ven E. Miltenberger Public Service Electric and Gas Company P.O. Box 236, Hancocks Bridge, NJ 08038 609-339-1100 vtce pw cera yo cme N mar 0%er AUG 2 31994 NLR-N94147 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Gentlemen:
RESUBMI'I"fAL OF AXIAL IATTICE LOCATIONS AND COMPOSITE MAPIJIGR INFORMATION FOR CYCLE 6/ RELOAD 5 HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 In NLR-N94077 dated April 26, 1994, Public Service Electric and Gas Company transmitted information relative to the Hope Creek Cycle 6/ Reload 5 axial lattice locations and composite MAPLHGRs.
This information was required to be submitted in accordance with requirements contained in NEDE-24011-P-A-9-US.
The subject information is proprietary and was identified as such in the transmittal letter; however, the pages of the report which contained the information were not marked as being proprietary.
The purpose of this letter is to resubmit the subject information with each of the pages specifically marked to identify the information as being proprietary.
This purpose is accomplished in Attachment 1 to this letter. reprints proprietary information from the following two General Electric (GE) reports:
General Electric Report 23A6526AA, Revision 0,
" Supplemental Reload Licensing Submittal for HCGS Reload 3, Cycle 4" dated January 1991.
1 General Electric Report 23A7219AA, Revision 0, j
" Lattice-Dependent MAPLHGR Report for HCGS Reload 5, Cycle
)
6" dated October 1993.
These GE reports were submitted as Attachment A to NLR-N94077.
l Since Attachment 1 includes information reprinted from proprietary GE reports, we respectfully request that it be withheld from public disclosure and not be reproduced in accordance with 10CFR2.790.
An affidavit from GE attesting to the proprietary nature of this information is enclosed as.
01nrO'
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9409080269 940823 b4[-
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AUG 2 31994 Document Control Desk 2
NLR-N94147 To facilitate your distribution of this report, enclosed in is a non-proprietary copy of the information.
In this non-proprietary copy, brackets appear where the proprietary information has been removed.
In the margin is a note identifying the GE report and page number from which this information was reprinted.
Should you have any questions or comments on this transmittal, do not hesitate to contact us.
Sincerely,
/
Attachments (3)
C Mr.
T.
T.
Martin, Administrator - Region I U.
S.
Nuclear Regulatory Commission
)
475 Allendale Road j
King of Prussia, PA 19406 l
Mr.
D.
Moran, Licensing Project Manager - Hope Creek l
U.
S.
Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852 Mr. R. Summers (S05)
USNRC Senior Resident Inspector Mr.
K. Tosch, Manager, IV NJ Department of Environmental Protection Division of Environmental Quality Bureau of Nuclear Engineering CN 415 Trenton, NJ 08625 i
1 REF:
NLR-N94147 STATE OF NEW JERSEY
)
)
SS.
COUNTY OF SALEM
)
i S.
E.
Miltenberger, being duly sworn according to law deposes and says:
I am Vice President and Chief Nuclear Officer of Public Service Electric and Gas Company, and as such, I find the matters set forth in the above referenced letter, concerning the Hope Creek Generating Station, are true to the best of my knowledge, information and belief.
~8 i
f Subscribed nd Sworn todefore me this[d&L(~dayoffi-s/re/M 1994
/
L1m /n < /t J EW L1 M A t
liotary Publib of New Jersey KIMBERLY JO BROWN NOTARY FUBLIC Of NEW JERSEY
"' C""unisti n Empires April 21,1998 My Commission expires on
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ATDOMENT 2 TO NIR-N94147 GDERAL ENTRIC AFFIDAVIT AT1TSTING 10 'DE PRNRIEINE NATURE OF 'IHIS INFmMATICN IDPE GEEK GENERATDG STATICN FMrT rTY OPERATING LIONSE NPF-57 DOG ET NO. 50-354
GENucIcarEnergy Affidavit I, James F. Klapproth, being duly sworn, depose and state as follows:
l (1) I am Manager, Fuel Licensing, 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 two proprietary reports: 23A6526AA, Supplemental Reload Licensing Submittalfor Hope Creek Generating Station Unit 1 Reload 3, Cycle 4, datedJanuary 1991, and 23A7219AA, Lattice-Dependent h1APillGR Reportfor Hope Creek General-ing Station Unit 1 Reload 5, Cycle 6, dated October 1993.
(3) In making this application for withholding of proprietag information of which it is the owner, l
GE relies upon the exemption from disclosure set forth in the Freedom of Information Act I
("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regu-lations 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 commer-cial information," and some portions also qualify under the narrower defir,ition of " trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Encrev Proiect v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen IIcalth Research Groun v. FDA,704F2dl280 (DC Cir.1983).
(4) Some examples of categories ofinformation which fit into the definition of proprietary infor-mation aic:
Information that discloses a process, method, or apparatus, including support-a.
ing data and analyses, where prevention ofits use by General Electric's competi-tors 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, ship-ment, installation, assurance of quality, or licensing of a similar product; Information which reveals cost or price information, production capacities, bud-c.
get levels, or commercial strategies of General Electric, its customers, or its sup-pliers; 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; l
-4 Information which discloses patentable subject matter for which it may be desir-c.
able to obtain patent protection.
The information sought to be withheld is considered to be proprietag for the reasons set forth in both paragraphs (4)a. and (4)b., above.
(5) The infonnation sought to be withheld is being submitted to NRC in confidence. The infor-mation is of a sort customarily held in confidence by GE, and is in fact so held. Its initial desig-nation 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 GE, no public 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 regulatog provisions or proprietary agreements which provide for maintenance of the information in confidence.
f (6) Initial approval of proprietary treatment of a document is made by the manager of the origi-nating 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 lim-ited on a "need to know" basis.
1 (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, l
for technical content, competitive effect, and determination of the accuracy of the propri-etary designation. Disclosures outside GE are limited to regulatory bodies, customers, and j
potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatog provisions or proprietary agreements.
i (8) The information identified in paragraph (2) is classified as proprietary because it contams details of fuel designs which GE has developed and applied to the liope Creek Generating Station for use in generating electrical power.
1 The development and approval of the fuel design used in this analysis was achieved at a signif-
)
icant cost, on the order of several million dollars, to GE.
(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 fuel design is part of GE's comprehensive IMR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technol-ogy base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
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The research, development, engineering, analytical, and NRC review costs comprise a sul>.
stantial investment of time and money by GE.
The precise value of the expertise to devise an evaluation process and apply the correct analyt-ical 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 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 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 its large investment in developing these very valuable analytical tools.
State of North Carolina )
County of New llanover) 'SS-'
James E Klapproth, 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, information, and belief.
Executed at Wilmington, North Carolina, this ib day ofb419M Ib James E Klapproth General Electric Company p oss nsso s
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Subsciihed and sworn before me this _/_A^.,_ day of
,1944
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