ML20083K223
| ML20083K223 | |
| Person / Time | |
|---|---|
| Site: | Palo Verde, 05000447, 05000531 |
| Issue date: | 12/22/1978 |
| From: | Sherwood G GENERAL ELECTRIC CO. |
| To: | Harold Denton Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML20083K224 | List: |
| References | |
| MFN-447-78, NUDOCS 7901150079 | |
| Download: ML20083K223 (6) | |
Text
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PROJsCTS DIVISION GENERAL ELECTRIC COMPANY,175 CURTNt:R AVE., SAN JOSE, CALIFORNIA 95125 MC682,(408)925-5040 MFN - 447-78 December 22, 1978 U.
. Nuclear Regulatory Commission shington, D. C.
20555 Attention:
Mr. Hart 1d R. Deriton, Director Office of Nuclear Reactor Regulation
. Gentlemen:
SUBJECT:
FAST SCRAM CRD' DESIGN VERIFICATION Docket:
1 STN 50-531 2
STN 50-550-3 STN 50-447 Transmitted under separate cover are sixty (60) copies of the report,
" Fast Scram Control Rod Drive Qualification Program " forty (40) copies-of which are the proprietary version, NEDE-24142, and twenty (20) copies of which are the non-proprietary version, NED0-24142. These reports are being supplied to you in' response to your request to monitor the fast scram CRD test program as established in the 238 and 251 NSSS GESSAR SER, Table 1-2, Item 4, and the 238 Nuclear Island GESSAR SER, Supplerrent No.1. Section 4.2.3.
Since these reports are being sub-mitted for your information, and no approval is requested General Electric considers them exempt from any fee charges.
The report NEDE-24142 contains information which General Electric Company custcmarily maintains in confidence and withholds from public disclosure.
The infomation has been handled and classified as proprietary to General Electric, as indicated in the attached affidavit, and we hereby request that NEDE-24142 be withheld from put!!ic disclosure in accordance with provisions of 10CFR2.790.
If you have any questions or comments regarding this matter, please contactMr.S.W.Smithofmystaffat(408)925-3358.
Very truly yours
,/
Glenn G. Sherwood, Manager Safety & Licensing Operation
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GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager of Safety and Licensing Operation, General Electric Company, 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 document" NEDE-24142, " Fast Scram Control Rod Drive Qualification Program" and is marked to designate it as proprietary.
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 information 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 of-improper means, there would be. difficulty in acquiring informa-tion....
Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to -
whiah the information is known outside of his business; (2) the extent to which it is known by employees and athers involved,
in his business; (3) the extent of measures taken by him to guard the secrecy of the information;- (4) the value of the information to him'and to his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with 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 information are:
a.
Information that discloses a proi:ess, method or apparatus l
where prevention of its use by General Electric's competitors without license from General Electric constitutes a competi-tive economic advantage over other companies; i
b.
Information consisttac of. supporting data and analyses, includ-ing test data, relative to a process, method or apparatus, the 1
application of which provide a competitive economic advantage, e.g., by optimization or improved marketability; l
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Information which if-used by a competitor, would reduce his c.
expenditure of resources cr improve his competitive position
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in the design, manufacture, shipment, installation, assurance l
of quality or licensing of a similar product; d.
Information which reveals cost or price information, produc-tion capacities, budget levels or commercial strategies of General Electric, its customers or suppliers; Information which reveals aspects of past, present or future e.
General Electric customer-funded development plans and programs of potential commercial value to General Electric; f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; g.
Information which General Electric must treat as proprietary '
according to agreements with other parties.
5.
In addition to proprietary treats t 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 practice is based on the fact that draft documents often do' not appropriately reflect all aspects of a problem, may contain tentative conclusions' and may contain errors that can be corrected during normal review and approval procedures.
Also, until the final document is completed it sty not~be possible to make any definitive determinatfon as to its proprietary nature.
General Electric is not generally willing to. release such a document to the general public in such a preliminary 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 4
public interest for the staff to be promptly-furnished 5 tith signifi-cant or potentially significant information.
Furnishing the docu-ment on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprie _.. __. - -
tary position and permitting General Electric to. insure the public documents are technically accurate and correct.
6.
Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most i
likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such' i
documents within the Company is limited on a "need to know" basis and such documents at all. times are clearly identified as proprietary.
7.
The. procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal.
Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delegate) and by the Legal O
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Operation for technical content, competitive effect and deter-mination of the accuracy of the proprietary designation in accord-ance with the standards enumerated above.
Disclosures outside General Electric are generally limited to regulatory bodies, customers-and potential customers and their agents, suppliers and licensees i
only in accordance with appropriate regulatory provisions or proprietary agreements.
8.
The document 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 proprietary and which is customarily held in confidence by General Electric.
9.
The document NEDE-24142 is considered proprietary since it contains test results and development information used for design purposes and-which were obtained at considerable expense to General Electric.
A patent disclosure is being processed to cover unique features of the buffer design.
10.
The information, to the best of my knowledge and belief, has consistently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources.
All disclosures to third parties have been made pursuant to regulatory pro-visions or proprietary agreements which provide for-maintenance of the information in confidence.
11.
Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit-making opportunities because:
a) The information on drive capability life and buffer performance was obtained at a cost of over
$460,000 as indicated in Table 1;. b) the design inform,ation and product features are a part of the General Electric technological base which
.is sold in the form of licensee agreements.
The precise value of this information is difficult to assess, but it clearly can be substantial.
The value to General Electric would be lost if the information were disclosed to the public.
c) Research, development, engineering, and.
analytical cost and expenses must be reflected in the price of General Electric's products, and making such information available to
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competitors without similar expenditure of resources provides d
competitors with an advantage.
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Glenn G. Sherwood, 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.
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Executed at San Jose, California, this.2_.1 day of.d'n.dtle.u, 197f.
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General Electric Company STATE OF CALIFORNIA
' COUNTY OF SANTA CLARA
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Subscribed and sworn before me this22 ay of uds 197[,
- nrL k.d i s NOTARY PUBLIC IN AND FOR SAID r-COUNTY AND STATE OFFICIAL SEAL
@ NOTARY PUB GGS:mm/970-973 RUTHE M. KINNAMON SANTA CLARA COUNTY My conun.:sapwes MAR 28. 1951 e
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l TABLE 1 EXPENDITURES REQUIRED FOR DEVELOPMENT OF FAST SCRAM CONTROL ROD DRIVE BUFFER PRESENTED IN THE REPORT NEDE-24142 1.
Control Rod Drive and Components
$140,000 2.
Testing Personnel Technicians and Engineers 173, 800 3.
Design and Analysis Personnel 136,200 l
Computer 12,000 TOTAL
$462,000 GGS:mm/974 T
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MD*.ORANDUM FOR:
TT.RA Corp.
FROM:
US NRC/TIDC/ Distribution Services Branch
SUBJECT:
Special Document Handling Requirements
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Please use the following special distribution list'for the attached document.
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The attached document requires the following special i
considerations:
O Do not send over=ime enclosure to the xRC PDR L
Only one oversize enclosure was received - please return for Regulatory. File storage.
I A/P Proprietary information - send "id:--'* only to l
the NRC PDR I'
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