ML20080C004

Forwards Request for Addl Copies of Giraffe Test Rept. Attached Affidavit Previously Transmitted Applicable to Request for Addl Info

ML20080C004
Person / Time
Site:	05200004
Issue date:	11/08/1993
From:	Leatherman J GENERAL ELECTRIC CO.
To:	Malloy M NRC
References
MFN-191-93, NUDOCS 9412070128
Download: ML20080C004 (4)

Text

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GE Nuclear Energy lienera!Dect'oc Company 175 Curtne: Avenue. Sen Jose, CA 95125 November 8,1993 MFN No.191-93 Docket STN 52-004 Ms. Melinda Malloy, SBWR Project Manager 11113 U.S. Nuclear Regulatory Commission Washington, D.C. 20555

Subject:

Request for Additional Copies of the GIRAFFE Test Report

Reference:

K. M. Vierow," GIRAFFE Passive IIeat Removal Testing Program,"

GE Document No. NEDC-32215P, June 1993 Enclosed are six additional copies of the referenced proprietary final test report for the GIRAFFE test program. These copies are provided to the NRC to respond to the staff requests for additional copies during the October 25 and 26 meetings held in San Jose to discuss this report.

The attached affidavit previously transmitted is applicable to this request for additional copies.

Sincerely, 62 Wb) mfd J. E. Leatherman SBWR Licensing Manager M/C 781, (408)925-2023 cc: R. Ilasselberg (NRC) t TRIIK 9L67 070046 9412070128 931108 4 PDR ADOCK 0520 i

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GENERAL ELECTRIC COMPANY l AFFIDAVIT l l

1, Joseph F. Ouirk, being duly sworn, depose and state as follows:

I am the Project Manager ABWR Certification Program, General Electric I (1)

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 '

report: NEDC-32215P, GIRAFFE Passive Heat Removal Testmg Program, Revision 0, June 1993. This information is delineated by bars marked m the margin adjacent to the specific material.

(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), 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 cm atan from disclosure is here sought is all

" confidential commercial in mz : ' _1", and some portions also qualify under the narrower definition of" trade seciet", within the meanin s assigned to those terms for purposes of FOIA Exemption 4 in, respective , Critical Mass Enercy Project v. Nuclear Reculatory Commission. 975F2d871 DC Cir.1992), and ~~

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Public Citizen Health Research Group v. FDA. 7(MF2d1280 (DC Cir.1983).

(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, including supporting data and analyses, where prever. tion of its use by General Electric's competitors without license from General Electnc 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, shipment, installation, assurance of quality, or licensing of a similar product;

c. Information which reveals cost or price information, production capacities, budge,t levels, or commercial strategies of General Electric, its customers, or its supphers; Affidavit Page 1

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. 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;

e. Information which discloses patentable subject matter for which it 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 confidence. The information is of a sort customarily held in confidence by GE, and is in fact so held. Its initial designation as pro?rietary information, and the subsequent steps taken to prevent its unauthonzeci 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 pubhc disclosure has been made, and it is not available in public sources. All disclosures to third panies 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 originating com)onent, 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 ec uivalent authority, by the manager of the cogm,zant marketing function <

(or his c elegate), 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 provisions or proprietary agreements.

(8) The information identified in paragraph (2) is classified 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 the 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.

This information contains GE and associate information which, by nature of the collaboration used to pre aare the information, cannot be easily separated into its respective parts. In ac dition to its direct competitive value to GE, the treatment of the information is bound by contract provisions of an Agreement between GE and the associate which provides for proprietary handling of the information.

Affidmt Page 2

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(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 opportunities. The information is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond base goes beyond thethe original extensive development physical database andcost. Themethodo analytical value of the technolob and includes the value derived from providing analyses done with ,

NRC-approved methods. l 4

The research, development, engineering, analytical, and NRC review costs l comprise a substantial investment of time and money by GE and its associate. l The precise value of the exaertise to devise an evaluation process and apply the correct analytical methodo:ogy is difficult to quantify, but it clearly is substantial. I l

GE's competitive advantage will be los: if its competitors are able to use the l results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can l arrive at the same or similar conclusions. l l

i 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 amd its associates of the opportunity to exercise their competitive advantage to seek an adequate return on their large investment in developing these very valuable analytical tools.

STATE OF CALIFORNIA 33 *.

COUNTY OF SANTA CLARA Joseph F. Quirk, 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,

. n Executed at San Jose, California, this day of hhv ,199 7 u A

b Jo ph F. Quirk u Ge e al Electric Company Subscribed and sworn before me this hday ofhd-obY , 19 9 CLv SC~ $ , Y li A /

Notary Public, State of Californr3

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OFFICI AL SEAL l . . , PAULA F. HUSSEY n . .p . u ricTLnt cui : - w t w .:.

... DNTA CLAF.A COUNTY

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