ML20073F437

Forwards Proprietary Rev a to NEDC-32391P, Licensing Topical Rept Sbwr Test & Analysis Program Description. Encl Withheld

ML20073F437
Person / Time
Site:	05200004
Issue date:	09/15/1994
From:	Marriott P GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19304C560	List: ML20073F437
References
MFN-109-94, NUDOCS 9410030098
Download: ML20073F437 (5)

Text

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GENuclear Energy Enwd$t echnbogies $b$$Y $781SmJose,CA95125-1014 4089254948(phone) toe 925-1193(tecsmite)

September 15,1994 MFN No.109-94 Docket STN 52-004 Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 l Attention: Richard W. Borchardt, Director Standardization Project Directorate

Subject:

SBWR Test and Analysis Program Description, NEDC-32391 P, Revision A b

This letter transmits Revision A of the SBWR Test and Analysis Program Descn'ption t report, NEDC-32391-P, for your review (Attachment 1). The report provides a comprehensive, integrated plan that addresses the testing and analysis elements needed for analysis of the SBWR performance. In particular, this document describes the final Test Plan (Appendix A). {

Revision A to NEDC-32391P provides lining in the margin to distinguish those parts of the document which are deemed Proprietary to the General Electric Company. .

Affidavit statements (4)a. and (4)b. are in all cases the reasons for withholding the information marked by lining in the margin. Some editorial changes have been made as listed in the Attachment 2 entitled " Summary of Changes from NEDC-32391P DRAFT to NEDC-32391P, Revision A". No substantive technical changes have been made for Revision A.

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I GENuclear Energy l

l MFN No.109-94 Page 2 Revision A replaces the DRAFT in total; dispose of all copies of the DRAFT in a manner appropriate for distruction of proprietary materials, or return them to GE Nuclear Energy, Attention: D. L. Foreman, M/C 781.

Sincerely, ,

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P. W. Marriott, Manager ,

Advanced Plant Technologies

Enclosure:

SBn7t Test and Analysis Program Description (TAPD), ,

NEDC-32391-P, Revision A cc: P. Bochnert (8 copies)

R. Hasselberg A. E. Levin ,

M. Malloy (10 copies) i l

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i GENERAL ELECTRIC COMPANY l l

A FFIDAVIT I, Patrick W. Marriott, being duly sworn, dqase and sta.e as follows:

(1) I am the Manager, Advanced 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 Licensing Topical Report, NEDC-32391P, Revision A "SBWR Test and Analysis Program '

Description".

(3) In making this application for withholding of pmprietary information of which it is an owner, GE relies upon the exemption from disclosum set forth in the Freedom of Information Act ("FOIA"),5 USC He. 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 seemts 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, mspectively, Critical Mass Energy Project v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.

1992), and Public Citizen Health Research Gmun v. FDA,704F2dl280 (DC Cir.

1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Infom1ation that discloses a process, method, or apparatus, including supporting data and analyses, when prevention of its use by General Electric's competitors without license fmm General Electric constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of msources or impmve 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;

d. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and progrzms, of potential commemial value to General Electric;

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

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

Affidavit Page 1

(5) The information sought to be withheld is being submitted to NRC in confidence.

The information is of a son 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 fonh 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 ia public sources. All disclosures to thini panies including any required trancmittals 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 industr> kr owledge. Access to such documents within GE is limited on a "need to kna e' jasis.

(7) The pmcedure 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 designatica. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legidmate need for the infonnation, and then only in acconiance with appropriate regulatory provisions or pmprietary agreements.

(8) The information identified by bars in the margin is classified as proprietary because it contains details of the method of development and supponing 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 l 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. This infonnation 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 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 opponunities. 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 fmm providing analyses done with NRC-approved methods.

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 expenise to devise an evaluation process and ap% the correct analytical 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 pmcess or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

Affidavit Page 2

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The value of this information to GE would be lost if the information wem disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly pmvide competitors with a windfall, and deprive GE < "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 CALIFORNIA )SS:

COUNTY OF SANTA CLARA )

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, mis 19. day of Se kw k ,19_s+

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Patrick V6Marriott General Electric Company Subscribed and sworn before me this /6 ay of , ,19M Jh% / 4Ae Notary Putilic, State of California wa- x xx --1 1 x - - - - >

MARY L.KENDALL

. , 'd.. COMM. # 987864

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SANTA CLARA COUNTY F f4 Comm. Exgwes MAR 26.1997 )

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Affidavit Page 3 l

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