ML20078A312
| ML20078A312 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 01/19/1995 |
| From: | Quinn J GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19311B667 | List: |
| References | |
| MFN-006-95, MFN-6-95, NUDOCS 9501240356 | |
| Download: ML20078A312 (5) | |
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GENuclear Energy J. E Otim, kknager GeneralEbctric Company ALMR andSBWH Pmjects 17S Curtner Avenue, MC 16S San Jose, CA 96126-1014 406 9251005(phone) 4069251993(tecsunik)
January 19,1995 AIFN No. 00fr95 Docket STN 524)04 Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 Attention:
Richard W. llorchardt, Director Standardization Project Directorate
Subject:
NRC Requests for Additional Information (RAIs) on the Simplified Boiling Water Reactor (SBWR) Design
References:
Transmittal of Requests for Additional Information (RAIs) for the SBWR I)esign, Letter from Af. Afalloy to P. W. Starriott datedJuly 20,1994.
The reference requested additionalinformation on the SilWR GIRAFFE tests. This request was partially fulfilled by 51FN 137-94. To complete fulfillment of this request, GE is submitting a response to RAI 950.51 and additional information in response to RAI 950.52.
Please note that the information contained in the enclosure is of the type which GE maintains in confidence and withholds from public disclosure. It has been handled and classified as proprietary to GE as indicated in the attached affidavit.
We hereby request that this information be withheld from public disclosure in l
accordance with the provisions of 10CFR2.790.
Sincerely, b
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J. E. Quinn, Afanager S13WR Projects l
Enclosure cc:
P. A Ilochnert F. W. Hasselberg i
gh J. H. Wilson (w/l copy of Enclosure) e i
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l NTD-NRC-95-4389 DCP/NRCO262 January 12,1994 This submittal contains Westinghouse pror.etary intocmation consisting of trade secrets, commercial information or financial information which we consider privileged or confidential pursuant to 1(X'FR2.790. Therefore, it is requested that the Westinghouse proprietary information attached hereto be handled on a confidential basis and be withheld from public disclosures.
This material is for your internal use only and may be used for the purpose for which it is submitted.
It should not be otherwise used, disclosed, duplicated, or disseminated, in whole or in part, to any l
other person or organization outside the Commission, the Office of Nuclear Reactor Regulation, the Office of Nuclear Regulatory Research and the necessary subcontractors that have signed a proprietary non-disclosure agreement with Westinghouse without the express written approval of Westinghouse.
Correspondence with respect to the application for withholding should reference AW-95-775, and should be addressed to N. J. Liparulo, Manager of Nuclear Safety Regulatory Atd Licensing Activities, Westinghouse Electric Corporation, P.O. Box 355, Pittsburgh, Pennsyi vania, 15230-0355.
Please contact Brian A. McIntyre on (412) 374-4334 if you have any questions concerning this transmittal.
ev-N. J. Liparulo, h anager Nuclear Safety Regulatory And Licensing Activities
/nja l
Enclosures Attachments cc:
T. Kenyon, NRC (w/o Enclosures)
R. Hasselberg, NRC (4 copies Enclosure 1, I copy of Enclosure 2)
G. D. McPherson, NRC (Enclosure 1)
A. Levin, NRC (Enclosure 1)
L. Shotkin (Enclosure 1)
B. A. McIntyre, Westinghouse (w/o enclosures / attachments) l l
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General Electric Company l
AFFIDAVN I, DasidJ. Robare, being duly sworn, depose and state as follows:
(1) I am Manager, ALMR Project Management, 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 l
authorized to apply for its withholding.
(2) The information sought to be withheld is contained in the attached GE proprietary response to NRC Requests for Additional Information 950.51 and 950.52.
(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 Information Act ("FOIA"),5 USC Sec. 552(b)(4),
I and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR i
9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or l
financial information obtained from a person and privileged or l
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",
i l
within the meanings assigacd 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 Health Research Group v. FDA,704F2dl280 (DC Cir.1983).
(4) Some examples of categories ofinformation which fit into the definition of proprietary information are:
Information that discloses a process, method, or apparatus, including a.
supporting data and analyses, where prevention of its use by General ElectJc's competitors 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 t
I design, manufacture, shipment, installation, assurance of quality, or i
licensing of a similar product; Information which reveals cost or price information, production c.
capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers; ;
e 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; Information which discloses patentable subject matter for which it c.
may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.
(5) The information sought to be withheld is being submitted to NRC in con 6dence. The information is of a sort customarily held in con 6dence by GE, and is in fact so held. The information sought to be withheld has, io the best of my knowledge and belief, consistently been held in con &dence 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 regulatory provisions or proprietary agreements which provide for maintenance of the information in con &dence.
Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(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 industry knowledge. Access to such documents within GE is limited on a "need to know" basis.
(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, 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 legit. mate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information identi6ed in paragraph (2), above, is classiSed as proprietary because it contains detailed results of test programs which GE and its associate have conducted and applied to evaluate the loss-of-coolant accident for SBWR.
The development and performance of the test program was achieved at a significant cost, on the order of several million dollars, to GE and its associate.
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This information contains GE and associate information which, by nature l
of the collaboration used to prepare the information, cannot be easily j
separated into its respective parts. In addition to its direct competitive value j
to GE, the treatment of the information is bound by contract provisions of an l
Agreement between GE and the associate which provides for proprietary handling of the information.
l (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 j
availability of profit-making opportunities. The informadon is part of GE's comprehensive BWR technology base, and its commercial value extends beyond the original development cost. The value of the technology base 1
goes beyond the extensive physical database and analytical methodology -
and includes development of the expertise to determine and apply the i
appropriate evaluation process.
T The research, development, engineering, and analytical costs comprise a i
substantial investment of time and money by GE.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quandfy, but it clearly is j
substandal.
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GE's competidve advantage will be lost ifits competitors are able to use the f
l results of the GE experience to normalize or verify their own process or if j
l they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
i The value of this informaeon to GE would be lost if the informadon 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 i
adequate return on its large investment in developing these very valuable analytical tools.
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.i STATE OF CALIFORNIA
)ss.
COUNTY OF SANTA CLARA
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DavidJ. Robare, being duly sworn, deposes and says:
That he has read the foregoing aflidavit and the matters stated therein are true and correct to the best of his knowledge, Executed at SanJose, California, this 19 day of TANWff
,19.2.5 kdtb 1%
DavidJ. Robare General Electric Com y
Subscribed and sworn before me this /f day of mW,19f_6 V
I
/ h b 8-Notary P6blic, State of California
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i MARY L. KENDALL
{, c.,[M Notory Public - Califomio COMM. # 967W g
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3 SANTA CLARA COUNTY My Comm. Expires MAR 2A 1997 f" i