ML20082J527

Forwards Proprietary Rev 0 to Siet 00393RP95, Thermal- Hydraulic Data Rept of PANTHERS-PCC Tests. Proprietary Data Tapes Encl.Rev 0 to Siet 00393RP95 Rept & Data Tapes Withheld (Ref 10CFR2.790)

ML20082J527
Person / Time
Site:	05200004
Issue date:	04/14/1995
From:	Quinn J GENERAL ELECTRIC CO.
To:	Borchardt R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML20046D650	List: ML20082J527
References
MFN-057-95, MFN-57-95, NUDOCS 9504180273
Download: ML20082J527 (6)

Text

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GENuclearEnergy MR B 75 venue E165 San. lose, CA 95125-1014 408 925-1005 (phone) 408 925-3991 (facsimik)

I April 14,' 1995 MFN 057 I

Docket STN 52-004 1

-i l Document Control Desk .

U. S. Nuclear Regulatory Commission

Washington DC 20555 4

)

Attention

Richard W. Borchardt, Director Standardization Project Directorate i -

i j

Subject:

THERMAL-HYDRAULIC DATA REPORT OF PANTHERS-PCC TESTS  !

j

Reference:

1) MFN 018-95, from J. E. Quinn (GE) to R. W. Borchardt (NRC), Approach

! to Achieve Closure ofitems Related to the GE SBWR TAPD, dated February 14, 1995.

2) MFN 030-95, from J. E. Quinn (GE) to R. W. 'Borchardt (NRC), SBWR

Test Submittals, dated February 21,1995.

l GE has submitted Reference 1 to the NRC which presents the approach (Process and List of l Additional Work) to achieve closure of items related to the GE SBWR Test and Analysis Program (TAPD). The Subject report enclosure to this letter is submitted in partial l

satisfaction of items 28 and 33 of Attachment 2 to MFN 018-95.

GE has submitted Reference 2 to the NRC which lists SBWR Test Submittals and relates them i to the Item No. in Attachment 2 to Reference 1. The Subject report enclosure to this letter  !

completes Item No. 48 of the Attachment to MFN 030-95.

4 Please note that this report contains information of the type which the General Electric Company (GE) and its associates maintain in confidence and withhold from public disclosure.

They have been handled and classified as proprietary to GE and its associates as indicated in j 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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Should you have any questions concerning the Subject report please contact Terry McIntyre of -l

- our staff on 408-925-1441, or Paul Billig on 408-925-1388,'

Sincerely,

/L? d James E Quinn, jects Manager 4

LMR arid SBWR Programs j -

Enclosure:

Report, THERMAL-HYDRAULIC DATA REPORT OF PANTHERS 4CC j TESTS, SIET 0039RP95, by S. Botti & R. Silverti, dated April 7,1995.

cc: (1 paper copy w/ encl. and E-Mail w/o encl. except as noted below)

{ P. A. Boehnert (NRC/ACRS) (2 encl.)

j I. Catton (ACRS) i S. Q. Ninh (NRC) - (2 encl)

J. H. Wilson '

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4 General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:

(1) I am Project Manager, Licensing Services, 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 authorized to apply for its withholding.

(2) The information sought to be withheld is contained in the GE proprietary report SIET 00393RP95, Thermal-Hydraulic Data Report OfPANTHERS-PCC Tests, (GE Proprietary), dated April 7,1995 and the electronic file copy of the data report on

, three computer data tapes. The proprietary information is delineated by bars marked in the margin adjacent to the specific material. The computer data tapes will be

labeled with a proprietary marking.

{

(3) In making this application for withholding of proprietary information, GE claims to have an unrestricted right to dissemination of this information and has a royalty-free license to any patent relating to this information, as defined in the contract with its associates. 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

. 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 meanings assigned to those terms for purposes of FOIA Exemption 4 in,

respectively, Critical Mass Enerav Project v. Nuclear Renulatory Commission.

j 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA.

704F2dl280 (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 j data and analyses, where prevention ofits use by General Electric's competitors  ;

without license from General Electric constitutes a competitive economic l 1

advantage over other companies; l

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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;

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 may be e.

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., (4)b. and (4)d., above.

(5) The information sought to be withheld is being wbmitted to NRC in confidence. t The information is of a sort customarily held in confidence by GE and its associates, and l 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 and its associates, 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. Its initial  !

designation as proprietary information, and the subsequent steps taken to prevent its . l l unauthorized disclosure, are as set forth in paragraphs (6) and (7) following. j (6) Initial approval of proprietary treatment of a document is made by the manager of the  ;

component to whom the work was provided, 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 ,

I authority, by the manager of the cognizant marketing function (or his delegate), and I

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 them' formation, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

GBS-95 5-af5BWIU. doc Affidavit Page 2

l (8) The informdion identified in paragraph (2), above, is classi6ed as proprietary because it contains details of the Simplified Boiling Water Reactor (SBWR) tests and supporting data and analyses. GE is under contract to the Department of Energy l (DOE) for development of the SBWR. This SBWR test program has been under development by GE and it associates for more than seven years at a total program cost of tens of millions of dollars. A substantial effort has been expended by General - 'l Electric and its associates to develop this information in support of DOE and the i SBWR program.

(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 J of pro 6t-making opportunities. The information is part of GE's comprehensive BWR l technology base, and its commercial value extends beyond the original development l cost. The value of the technology base goes beyond the extensive physical database I and analytical methodology and includes development of the experdse to determine and apply the appropriate evaluation process.

The research, development, ent, ire-kg, and analytical costs comprise 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. l l

GE's competitive advantage will be lost ifits competitors are able to use the results of 1 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 sam'e 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 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 adequate return on its large investment in developing these very valuable analytical tools.

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i STATE OF CALIFORNIA )

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) ss:  !

COUNTY OF SANTA CLARA )

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George B. Stramback, being duly sworn, deposes and says: -

That he has read the foregoing affidavit and the matters stated therein are true and correct I to the best of his knowledge, information, and belief. l 1

! Executed at San Jose, California, this /// day of d 1995.

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WJOkrgebB.itramback

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! General Electric Company i

l Subscribed and sworn before me this / ay of 1995.

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es MARY L. KENDALL COMM. # 987S64 E

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. l fMji :ff Notoy Public - Califomio Notary Publi6, State of California S

j 3 . SANTA CLARA COUNTY My Comm. Expiros MAR 26.1997 y f

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GBS-95-5-af5BWRt. doc Affidasit Page 4 i

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