ML20080L785
| ML20080L785 | |
| Person / Time | |
|---|---|
| Site: | Pilgrim |
| Issue date: | 02/24/1995 |
| From: | Klapproth J GENERAL ELECTRIC CO. |
| To: | Rosalyn Jones NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19325F469 | List: |
| References | |
| JFK95-12, MFN-031-95, MFN-31-95, NUDOCS 9503020367 | |
| Download: ML20080L785 (7) | |
Text
s GENuclearEnergy i
GeneralDecent Company PD Box ?SC. Wummton NC2S402 February 24,1995 l
# 8" JFK95-12 MFN-031-95 Document Control Desk
'i US Nuclear Regulatory Commission Washington,DC 20555 d
SUBJECT:
Plant Unique GElfl Scram Speed Adjustment Factors for Pilgrim Nuelear Power Station 1
ATfN:
R.C. Jones, Jr., Chief Reactor Systems Branch
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REFERENCES:
- 1) Letter, J.S. Charnley (GE) to H.N. Berkow (NRC), Supplementary information Regarding Amendment 11 to GE Licensing Topical Report NEDE-24011-P-A, January 16,1986
- 2) Letter, G.C. Lainas (NRC) to J.S. Charnley (GE), Acceptancefor ~
i Referencing ofLicensing TopicalReport NEDE-24011-P-A, 'GE Generic Licensing Report ', Supplement to Amendment 11", March 22, 1986.
- 3) Letter, J.F. Klapproth (GE) to NRC Document Control Desk (R.C.
Jones, Jr.), GEMIN1/ ODYN Statistical Addersfor GE11 Fuelfor BWR l
2 and 3, September 23,1992.
e Reference 1 describes the procedure for application of the GEMINI / ODYN set of models to transient analyses. NRC approval of the procedure is given in Reference 2.
References I and 3 included the derivation of statistical adjustment factors to be applied to GEMINI / ODYN results to determine plant operating limits. Factors for other types of plants (either generic plant groups or plant-specific evaluations) would be derived using the same methodology as described in Reference 1, and these factors would then be sent to the NRC for -
information prior to their application. The NRC agreed with this approach in Reference 2.
The Scram Speed Adjustment Factor (SSAF)is used to determine the Option A MCPR Operating Limit. Analysis for introduction of gel 1 fuel into Pilgrim Nuclear Power Station shows the end-of-cycle SSAF of Reference 3 to be unduly conservative for Pilgrim. As required by Reference 2, GE is notifying the NRC that, for all future operating cycles, the gel 1 SSAFs contained in Attachment I to this letter will be applied at Pilgrim Nuclear Power Station.
Please contact C.W. Smith at (910)675-5613 with any questions.
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'9503020367 950224 A
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.. Please note that the information contained in the pages identified as "GE Proprietary" j
information" in the attachment is of the type which GE maintains in confidence and withholds ~
l 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 -
. accordance with the provisions of 10CFR2.790.'
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1 Sincerely,1 2 $. A (
J.F. Klapproth '
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Manager, Fuel and Facility Licensing l.
(910)675-5608 i
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General Electric Company
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i I, James F. Klapproth, being duly sworn, depose and state as follows.
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- (1) I am Fuel and Facilities Licensing Manager, General Electric Company ('_'GE")' and have :
been delegated the function of reviewing the information described in paragraph (2) which l
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 attachment entitled: Plant -
Unique Gell Scram Speed' Adjustment Factors for Pilgrim Nuclear Pcwer Station, dated February 24,1995.
j (3) - In making this application for withholding of proprietary information of which it is the -
'j owner,"GE relies upon :the exemption from. disclosure set fonh in; the Freedom 'of 7
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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 exemption from disclosure is here ~
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sought is all " confidential commercial information", and some ponions also qualify under j
the narrower definition of " trade secret", within the meanings assigned to those terms for i
purposes of FOIA Exemption 4 in, respectively, Critical Mace Energy Proiect v. Nuclear-r Regulatorv Commission: 975F2d871 (DC Cir.1992), and Public Citizen Health Research'
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Groun v. FDA,704F2dl280 (DC Cir.1983).
(4) Some examples of categories of information which fit into the definition of proprietary infonnation are:
i Information that discloses a process, method, or apparatus, including supporting data -
)
a.
and analyses, 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 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, budget
. levels, or commercial strategies of General Electric, its customers,' or its suppliers;
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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;
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.Information which discloses patentable subject matter for which it may be desirable to e.
. obtain patent protection.
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i 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. The; information sought to be withheld has, to the best of my knowledge and belief, consistently.
I been held in confidence 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 confidence.1Its initial d
designation as proprietary information, and the ' subsequent steps.taken to prevent its i
unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
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1 (6) - Initial approval of proprietary treatment of aidocument 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 legitimate need for the information, and then only in accordance with appropriate.
regulatory provisions or proprietary agreements.
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(8) The information' identified in paragraph (2), above, is classified as proprietary because it:
would provide other panies, including competitors, with information' related to General Electric fuel designs, analysis results and potential commercial offerings which were.
i developed at a considerable expense to General Electric.
(9). Public disclosure of the information sought to be withheld is likely to cause substantial
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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 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 _
l and includes development. of the expenise to determine 'and apply the~ appropriate -
evaluation process.
b The ~research, development, engineering, and analytical costsicomprise a-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 quantify, but it clearly is substantial.
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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 process or if they are able to claim an '
' equivalent understanding by demonstrating that they.can arrive at the same or similar conclusions.
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 l
required to undertake a similar expenditure of resources would unfairly provide competitors
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with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to -
seek an adequate return on its large investment in developing these very valuable analytical _.
tools.
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i STATE OF NORTH CAROLINA
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COUNTY OF NEW HANOVER
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i James F. Klapproth, 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, information, and belief.
Executed at Wilmington, North Carolina, thisaQd ay of NMA 1995.
I S ':::CY &
James F. Klapproth M General Electric Company j
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1995.
Subscribed and sworn before me thiOY4 day of ~
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a O ARY Notary Public, gwa Q..........y a s.,,
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