ML20081B200
| ML20081B200 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 03/08/1995 |
| From: | Quinn J GENERAL ELECTRIC CO. |
| To: | Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19325F495 | List: |
| References | |
| MFN-039-95, MFN-39-95, NUDOCS 9503160075 | |
| Download: ML20081B200 (4) | |
Text
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GENuclearEnergy J E. Quinn. Projects Manager General Electric Company LMR and SBWR Programs 17S Curtner Avenue, M/C 165 San Jose, CA 95125-1014 408 925-1005 (phone) 408 925-3991 (facsimile)
March 8,1995 MFN No. 039-95 Docket STN 52-004 Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 Attention:
Richard W. Ilorchardt, Director Standardization Project Directorate
Subject:
GE GIRAFFE Testing and TRACG Computer Code Transmitted herewi;h is a co y of presentatic,n charts used during the March 8 and 9, 1995, meetings between the Auclear Regulatory Commisson Staff and GE to discuss GIRAFFE Testing and TRACG Computer Code.
Please note that the information contained in the attachment 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 mformation he withheld from public disclosure in accordance with the provisions of 10CFR2.790.
Sincerely,
/
Jam :/.. Quinn, Projects Manager LMR and SilWR Programs Enclosure cc:
P. A. liochnert (NRC/ACRS)
- 1. Catton (ACRS)
S. Q. Ninh (NRC)
J.11. Wilson (NRC) f*
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General Electric Company AFFIDAVIT I, Davidj. Robare, being duly sworn, depose and state as follows:
(1) I am Manager, ALMR Project Manager, General Electric Company-("GE") -
and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, axed have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in the GE proprietary presentation material used during the March 8 & 9, 1995, meeting between Muclear Regulatory Commission Staff and GE to discuss GIRAFFE Testing-and TRACG Computer Code.
(3) In making this application for withholding of proprietary information of which it is an owner, GE relies upon the exempdon 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 exemption from disclosure is here sought is all " confidential commercial information", and some portions also qualify under the narrower definition of " trade secret", within the meanin gs assigned to those terms for puraoses of FOIA Exemption 4 in, respectively, Critical Mass Eneruv Proiect v. Nuclear Regulatorv Commission,975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v.
FDA.
704F2dl280 (DC Cir.1983).
(4) Some cxamples of categeries ofinfonnation which fit into the definition of propnetary mformanon are:
Infonnation that discloses a process, method, or apparatu, including a.
supparting data 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.
Infonnation 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; price infannation, production c.
Information which reveals cost or 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 Electnc; Information which discloses patentable subject matter for which it may e.
be desimble to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs 4.b and 4.d, above.
(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customanly 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 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 m, formation in confidence.
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 origmating component, the person most likely to be acquamted with the value and sensitivity of the information in relation to ind ustry knowledge. Access to such documents within GE is limited on a "nced 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 scienust or other equivalent authority, by the manager of the cognizant marketing fimction (or his delegate), and by the Legal Operation, for technical content, competitive effect, and detenmnation 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), above, is classified as proprietary because it would provide other parties., including compeutors, with information related to General Electric f 2el designs, analysis results and potential commercial offerings which were developed at a considerable expense to General Electric.
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.e (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 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 and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantialinvestment 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 clear.y is substantial.
GE's competitive advantage will be lost if its com >etitors are able to use the results of the GE experience to normalize or veri their own process or if they are able to claim an equivalent understanding by emonstratmg 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 rec utred to undertake a similar expenditure of resources would unfairly provic e competitors 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.
L STATE OF CALIFORNIA
)ss:
COUNTY OF SANTA CLARA
)
DavidJ. Robare, 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, Executed at SanJose, California, this 7>
day of MSGI
,19_9_5 R
DavidJ. Rob'are '
General Electric Com jany i
Subscribed and sworn before me this b day of N#4 O.19 [
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- tai 9 Public, State of Calif #ng
. - - - - - - - - - - - - - ^ '
i JUUE A.CuaTS COMM. # 974667 Notary Pubue - California SANTA CLADA COUNTY -
j My Comm. Expires SEP W 1996
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