ML20073Q714

Forwards GE Affidavit Requesting That NEDC-31858P, BWR Owners Group Rept for Increasing MSIV Leakage Rate Limits & Elimination of Leakage Control Sys Be Withheld.Rept Submitted in Support of Amend to License NPF-57

ML20073Q714
Person / Time
Site:	Hope Creek
Issue date:	05/21/1991
From:	Labruna S Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
References
NLR-N91089, NUDOCS 9106030064
Download: ML20073Q714 (5)

Text

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CY 21 IN1 NLR-A91089 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555 Gentlemen:

SUPPLEMENTAL MATERIAL TO REQUEST FOR AMENDMENT,

Reference:

LCR 91-02 FACILITY OPERATING LICENSE NPF-57 Il0PE CREEK GENERATING STATION DOCKET NO. 50-364 Public Service Electric and Gas Company (PSE&G) hereby transmits the affidavit of General Elecric Company as it applies to report, "BWROG Report for Increasing MDIV Leakage Rate Limits and Elimination of Leakage Control Systems," NEDC-31858P, dated February 1991. This report was included in, and provided support for our application to amend Appendix A of Facility Operating License No. NPF-57 in accordance with 10CFRSO.90 and applications for specific exemptions from 10CFRSO, Appendix J and from 10CFR100, Appendix A.

The attached affidavit was inadvertantly omitted from our original transmittal of the amendment and exemption request.

Sincerely,

,;y ...-

,All}%&frMrct-Attachment w-J$ C Mr. T.-T. Martin, Administrator USNRC Region I

[-jCQ-Eb Mr. S. Dembei:

yy USNRC Licensing Project Manager

<> u 80 Mr. T. P. Johnson

$4 USNRC Senior Resident Inspector l l) o c<

-d Mr. K. Tosch, Chief, -

4 N Bureau of Nuclear Engineering (

New Jereey Department of Environmental Protection l I 0 026--_- - - - - . -. .. . - . . -

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i GENERAL ELECTRIC COMPANY AFFIDAVIT 1, David J. Robare, being duly sworn, depose and state as follows:

1. I am Manager, Plant Licensing Services, General Electric Company, 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 report entitled "BWROG Report for increasing MSIV Leakage Rate Limits and Elimination of Leakage Control Systems," NEDC-31858P, february 1991.

3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provides:

"A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over competitors who do not know or use it... A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information...Some factors to be considered in determining whether given information is one's trade secret are (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expanded by him developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others."

4. Some examples of categories of information which fit into the definition of Proprietary Information are:

a. Information that discloses a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

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GENERAL ELECTRIC C0HPANY

c. Information which if used by a competitor, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;

d. Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers;

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

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

g. Information which General Electric must treat as proprietary according to agreements with other parties.

5. Initial approval of proprietary treatment of a document is typically made by the Subsection Manager of the originating component, the person who is most likely to be acquainted with the value and sensitivity of the information in relation to indtatry knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

6. The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project Manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitively ef fect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

7. The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedu,es and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.

8. The information to the best of my knowledge and belief has consistently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources.

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All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.

9. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information.

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GENERAL ELECTRIC COMPANY STATE OF CALIFORNIA )

) ss: i COUNTY OF SANTA CLARA )

l David J. Robare, being duly sworn, deposes and says:

That he has read the foregoing affidavit and-the matters stated therein are truly and correct to the best_ of his knowledge, information, and belief.

• TH Executed at San Jose,' California, this 13 day-of MAY 19 5l .

Davi~dT. Robare i General Electric Company Subscribed and sworn before me this k day of fb an 199/. -

0 OFFICfdL hh(x[ (t,M,4 31fornia l undV@fj,gug Notary Public, State o SANTA

< My comm.endres CLARA APRCOUNTY 5,19W l-I-

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