ML20080C011

Forwards NRC Request for Tracg Computer Code Input Parameters for Giraffe Test Facility.Listing of Command File Used to Generate save-set & Listing of save-set Encl Also for Info

ML20080C011
Person / Time
Site:	05200004
Issue date:	04/14/1993
From:	Marriott P GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
References
MFN-057-93, MFN-57-93, NUDOCS 9412070134
Download: ML20080C011 (5)

Text

_ _ _____ ______ ____-___

). l t - GE Nuclear Energy CPTfd [!n"fnC CGf? Willi /

175 Carmer Annae. San Jo:,e CA 95125 MFN No.057-93 Docket STN 52-004 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Richard Borchardt, Acting Director Standardization Project Directorate j

Subject:

NRC Request for the TRACG Computer Code Input Parameters for the l GIRAFFE Test Facility

Reference:

1. Verbal Request from M. Malloy to J.C. Baechler, March 17,1993

2. Request Confirmation Letter, M. Malloy to P. W. Marriott, April 18,1993 In response to the references, enclosed is the proprietary TRACG computer code input parameters for the GIRAFFE Phase 1 test facility. For your information we have enclosed a listing of the command file used to generate the save-set and a listing of the save-set. An appropriate affidavit is included.

Sincerely, t

P. W. hjarr ott, Manager Safety & Licensing M/C 444, (408) 925-6948

Enclosure:

1. TK50 computer tape of the TRACG input deck

2. Listing of the command file and save-set ec: Mr. Richard Schultz EG&G Idaho, Inc.

2525 Fremont Idaho Falls, Idaho 83415-3895 l

l i

LTRBK 9122 070047 9412070134 930414 U Q8 PDR ADOCK 05200004 i I A PDR L.____________..________ .

General Electric Company AFFIDAVIT 1, Patrick W. Marriott, being duly sworn, depose and state as follows:

1. I am Manager, Safety & I.icensing, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be with-held and have been authorized to apply for its withholding.

2. The information sought to be withheld is the TRACG computer code input deck describing the GIRAFFE Phase 1 test facility. This information is presented in an electronic format on a TK50 computer tape.

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 infor-mation 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 ofimproper 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 mea-sures taken by him to guard the secrecy of the information; (4) the value of the in-formation to him and to his competitors; (5) the amount of effort or money ex-panded by him in developing the information; (6) the ease or difficulty with the 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 infor-mation are:

a. Information that disclosed a process, method or apparatus where prevention ofits 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;

c. Information which if used by a competitor, would reduce his expenditure of resources or I improve his competitive position in the design, manufacture, shipment, installation, as-surance 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;  !

4

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

I

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

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

5. In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material  :

which has not been subject to complete proprietary, technical and editorial review. This prac- i tice is based on the fact that draft documents often do not appropriately reflect all aspects of l a problem, may contain tentative conclusions and may contain errors that can be corrected i during normal review and approval procedures. Also, until the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. Gen- l eral Electric is not generally willing to release such a document in such a preliminaq form.

Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the public interest for the staff to be promptly furnished with significant or potentially significant information. Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Elec-tric's potential proprietary position and permitting General Electric to insure the public doc-uments are technically accurate and correct.

6. Initial approval of proprietary treatment of a document is typically made by the Subsection -

manager of the originating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.. Access to such docu- .'

ments within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

7. 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 author-ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietag designation in accordance with the standards enumerated above. Disclo- i sures outside General Electric are generally limited to regulatog bodies, customers and po-  !

tential customers and their agents, suppliers and licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietary agreements.

8. The information mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is propri-etary and which is customarily held in confidence by General Electric. i

9. The information to the best of my knowledge and be'? hs consistently been held in confi-dence by the General Electric Company, no public 6.aosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regu-latory provisions or proprietary agreements which provide for maintenance of the informa-tion in confidence.

Afiidavit Page 2 1

l

1

)

10. The information called out in Paragraph 2, sought to be withheld has been jointly developed by General Electric and Toshiba. Public disclosure of this information is likely to cause substantial harm to the competitive position of the General Electric Company and Toshiba Corporation and deprive or reduce the availability of profit making opportunities because it  ;

contains details of the General Electric and Toshiba design which are not available to other parties without prior proprietary agreement. This information would provide other parties, meluding competitors with valuable information associated with the technical and business practices of the General Electric Company and Toshiba Corporation. This information is of a type customarily held in confidence by General Electric and Toshiba since it reveals valuable design information obtained at considerable expense to General Electric and Toshiba.

STATE OF CALIFORNIA )

COUNTY OF SANTA CIARA ) 882 i

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, information, and belief.

Executed at San Jose, California, this 14 day of ApAl 1993.

/

i Patrick \% Marriott '

General Electric Company l l

l Subscribed and sworn before me this l day of Nl 1993.

l

-e  !

OFFICIAL SEAL l ti cA b bb L

facia NA 3%

M* SANTA CLAM COUNTY l

@_ My comm. expires APR 5,1994

- - - - - ^ '

Notary Public - California l Santa Clara County I

Affidavit Page 3 l

l

es r. .,,

l A

Listing of save set (s)

• Sove set: CIRAFFE_ PHASE _1.I +

Written by: ANDERSEN

• UIC: [001006.000002] '

i Date: 12-APR-1993 11:32:02.01 i Comunond : BACKUP /NOASSIST/ LABEL =(GIRAFF) DISK 3:[ ANDERSEN] GIRAFFE _ PHASE _1. INP TAPE: GIRAFFE _ PHASE 1. INP/SAVE_ SET r Operoting syatem: VAX/VMS version V5.5 BACKUP version: V5.5 CPU ID register: 12000003 Node nome: _TM3:: e Written on: _TM2$MUAO:

Block size: 8192 Group size: 10 Buffer count: 40

, [ANDERSEN] GIRAFFE _ PHASE _1.INP;1 389 9-APR-1993 16:57 Total of 1 file. 389 blocks End of save set i

$ SET VERIFY

$ ALLOCATE TM2$MUAB: TAPE

$ INITIALIZE TAPE: GIRAFF

$ MOUNT / FOREIGN TAPE: GIRAFF i

$ SET DEF DISK 3:[ANDERSEN] -t

$ BACKUP / LABEL =(GIRAFF) DISK 3:(ANDERSEN] GIRAFFE _ PHASE _1.INP .

TAPE: GIRAFFE _ PHASE _1.INP/SAVE_ SET ,

$ BACKUP / REWIND / LIST = GIRAFFE.LIS TAPE:e

$ DISMOUNT TAPE: '

$ DEALLOCATE TAPE:

$ SET NOVERIFY

$ EXIT

- - - . - - - . - - , _ -. . . . - - - . - - . . _. - . - _ . _ _ _ _ _ - . _ _ _ _ - _ _ _ - _ - _ _ _ - - _.