ML20083K955

Package Consisting of Affidavits of R Mckeon

ML20083K955
Person / Time
Site:	Fermi
Issue date:	08/04/1994
From:	Mckeon R DETROIT EDISON CO.
To:
Shared Package
ML20083K951	List: ML20083K955
References
FOIA-94-507 NUDOCS 9505150255
Download: ML20083K955 (27)

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1. a.. :.. i., i DETROIT EDISON COMPANY AFFIDATIT I, ROBERT McKEON, being duly sworn, depose and state as follows:

1.

I as the Assistant Vice President and Manager Operations of'the i

Detroit, Edison Company.

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2.

The information sought to be withheld under 10 CFR 2.790 is i

contained in 1) Metallurgical Analysis of Ferai-2 Low Pressure I

Seventh and Eighth Stage Turbine Blading, Technical & Engineering Services Report 94V70-30, dated July 22, 1994; 2}- Meta 11urgical' Examination of Ferai-2 Low Pressure Seventh Stage Turbine Blading, Technical & Engineering Services Report 94V70-22, dated July 21, 1994; 3) Metallurgical Analysis of Fermi.2 LP3 Eighth Stage Turbine Blading, Technical & Engineering Services Report 94V70-13, dated June 20, 1994..

3 This information is proprietary information because:

• a)

It discloses a process and approach which constitutes a competitive economic advantage over other companies; b) -It contains detailed information about the Fermi.2 turbine, which if used by a competitor of the Original Equipment Manufacturer, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installatior.s 3.surance of quality or licensing of a similar product; c) Some of this information was provided to Detroit Edison as confidential and to be.used only to assist in the root cause determination of the turbine failure; d) Considerable resources of Detroit Edison were used to prepare these reports between December 1993 and July 1994; i

e) Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary or confidential.

4.

The detailed.Information in the documents to the best of my knowledge and belief has consistently been held in confidence by Detroit Edison, no public disclosure has been made, and the information is not available in public sources. Any information in the documents which is also available in public sources fs being supplied to the Nuclear Regulatory Commission in a separate non-proprietary document, t

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. f?[ ' o AFFIDAVIT I, ROBERT McKEON, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

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ROBERT McKEON Assistant Vice President and Manager - Operations b

@N 1994 before se On this day of personally appeared Robert McKeon, bding first duly sworn and says that he executed the foregoing as his free act and deed.

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I AFFID&VIT I, ROBERT McEEON, being duly sworn, depose and state as follous:

1.

I as the Assistant Vice President and Manager Operations of the Detroit Edison Company.

2.

The information sought to be withheld under 10 CFR 2.790 is contained in 1) Metallurgical Analysis of Ferai-2 Low Pressure 5*venth and Eighth Stage Turbine Blading, Technical & Engineering W ryices Report 94V70-30, dated July 22, 1994; 2) Metallurgical Examination of Ferai-2 Low Pressure Seventh Stage Turbine i

Blading, Technical & Engineering Services Report 94V70-22, dated l

July 21, 1994;. 3) Pata11urgical Analysis of Fermi 2 LP3 Eighth.

Stage Turbine Blading, Technical & Engineering Services Report 94V70-13, dated June 20, 1994.

3 This information is proprietary information because:

• a) It discloses a process and approach which constitutes a competitive economic advantage over other companies; b) It contains detailed.information about the Fermi 2 turbine, which if used by a competitor of the Original Equipment Manufacturer, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; c) Some of this information was provided to Detroit Edison as confidential and to be used only to assist in the root cause determination of the turbine failure; d) Considerable resources of Detroit Edison were used to prepare these reports between December 1993 and July 1994; e) Access to such documents within the Company is limited on a-j "need to know" basis and such documents are clearly identified as proprietary or confidential.

4.

The detailed information in the documents to the best of my knowledge and belief has consistently been held in confidence by Detroit Edison, no public disclosure has been ande, and the information is not available in public sources. Any information in the documents which is also available in public sources is being supplied to the Nuclear Regulatory Commission in a separate non-proprietary document.

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Y I, ROBERT McKEON, do hereby affirm that the foregoing statements i

are based on facts and circumstances which are true and accurate to

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the best of my knowledge and belief.

I h M meik ROBERT McKEON Assistant Vice Presideitr ***-

and Manager - Operations O

On this day of M@N

, 19911 before se personally appeared Robert McKeon, bding first duly sworn and says that he executed the foregoing as his free act and deed.

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AFFIDAVIT I, ROBERT McKEON,' being duly sworn, depose.and state as follows:

1.

I as the Assistant Vice President and Manager Operations of_ the Detroit Edison Company.

2.

The information sought to be withheld.under 10 CFR 2 790 is contained in 1) Metallurgical Analysis of Ferai-2 Low Pressure Seventh and Eighth Stage Turbine Blading, Technical & Engineering Services'Re art 94V70-30, dated July 22, 1994; 2) MetaTlG gical Examination of Ferai-2 Low Pressure Seventh Stage Turbine-Blading, Technical & Engineering Services Report 94V70-22, dated July 21, 1994;

3) Metallurgical Analysis of Fermi 2 LP3 Eighth Stage Turbine Blading, Technical & Engineering Services Report 94v70-13, dated June 20, 1994.

3 This information is proprietary information because:

• a)

It discloses a process and approach which constitutes a competitive economic advantage over other companies; b)

It contains detailed information about the Fermi 2 turbine, which if used by a competitor of the Original Equipment Manufacturer, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; c) Some of this information was provided to Detroit Edison as confidential and_to be used only to assist in the root cause determination of the turbine failure; d) ConsiderdbleresourcesofDetroitEdisonwereusedto' prepare these reports between December 1993 and July 1994; e) Access.to such documents within the Company is limited on's "need to know" basis and such documents are clearly identified as proprietary or confidential.-

4.

The detailed information in the documents to the best of my knowledge and belief has consistently.been held in confidence by.

Detroit Edison, no public disclosure has been made, and the information is not available in public sources. Any information in the documents which is also available in public sources is being supplied to the Nuclear Regulatory Consission in a separate non-proprietary document.

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AFFIDAVIT I, ROBERT McKEON, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to

.the best of my knowledge and belief..

I h A) L+fM C-M ROBERT McKEON Assistant Vice President and Manager - Operations b

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@N 1994 before me On this personally appeared Robert McKeon, bding first duly sworn and says that he executed the foregoing as his free act and deed.

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DETROIT EDISON COMPANY AFFIDAVIT-I, ROBERT McKEON, being duly sworn, depose and state as follows:-

'1.

' Ilas the Assistant Vice President and Manager Operations of.the Detroit Edison Company.

2.

The information. sought to be withheld under 10 CFR 2.790'is contained'in Detroit Edison memo from P. K. Hudson to.

L. C. Fron dated July 30, 1994; "N.D.E. Testing of LP and.HP Turbine Rotors."

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This information'is proprietary information because:

a)

It.contains detailed information about the Fermi 2 turbine

't N.D.E. inspection methods and results, which if used by a competitor of the Original-Equipment Manufacturer, would

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reduce his expenditures of resources or improve his competitive position in the design,-. manufacture, shipment, installation, inspection,; assurance of quality.or licensing of a similar product; b) Considerable resources of Detroit Edison were used in.the performance of the' inspections which are the' subject of this 1

report;

- c) Accesstothisdocument'withinthelCompanyislimitedona--

"need to know" basis-and the document is clearly. identified as proprietary or confidential.

4.

The detailed information in the document to the best of my; 1

knowledge and belief has consistently been held in confidence by-Detroit Edison, no public disclosure has been made, and the' information is not available in.public sources.

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I, ROBERT McKEON, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

b if/>?rdbin ROBERT McKEOR Assistant Vice President and Manager - Operations On this day of M

, 1994 before me personally appeared Robert McKeon, being first duly sworn and says that he executed the foregoing as his free act and deed.

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3; DETROIT EDISON COMPANY AFFIDAVIT I, ROBERT McKEON, being duly sworn, depose and state as follows:

1.

I as the Assistant Vice President and Manager Operations of the :

Detroit Edison Company.

2.

The information sought to be withheld under 10 CFR 2.790 is contained in Detroit Edison Report " Fermi 2 Main Turbine Generator December 25, 1993 Forced Outage Root Cause Analysis-Report, July 1994."

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3 This information is proprietary information because:

a) It discloses a p.scess and approach which constitutes a competitive economic advantage over other companies; b)

It contains detailed information about the Fermi 2 turbine, which if used by a competitor of the Original Equipment Manufacturer, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; c) Some of this information was provided to Detroit Edison as confidential and to be used only=to assist in the root cause determination of the turbine failure; d) Considerable resources of Detroit Edison were used to prepare l-this report between December 1993 and. July 1994; e) Access to this document within the Company is limited on a "need to know" basis and the document is clearly identified l

as proprietary or confidential.

4.

The detailed information in the document to the best'of my

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knowledge and belief has consistently been held in confidence by Detroit Edison, no public disclosure has been made, and the.

information is not available in public sources. Any information in the document which is also available.in public sources is being supplied to the Nuclear Regulatory Commission in a separate j

non-proprietary document.

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AFFIDAVIT I, ROBERT McKEON, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

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. ROBERT McKEON '~

-g Assistant Vice President and Manager - Operations On this day of M f, 1994 before ne personallyappearedRobertMcKeon,pingfirstdulyswornandsays that he executed the foregoing as his free act and deed.

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GECALSTHOM sesummumummenuummt emnaow GEC AISDROM INTERNM)MALINC.

AITEMWT I, PALEJ,JANCEE, being chdy spean, depose and sesse as faBown 1.

I am the Paesident of GEC ALSTHOM International Inc. a subekliary and

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acpresentative'of the interests in the USA of GEC AISIMOM NY. of the Work! Traoe Center, Amstesdam, which is the benc8cial owner j

of the propdetary rights in the infor nation selened to in this afBdavit.

2.

• nne indbernation sought to be withheld under 10 CPR 2.790 is contained in a report entided "Penni 2 Turbine Generator f*t, 25th December 1993 -

1 Itoot Cause Investigation Conclusions Based on Infonnation Availabic up to f

20th June 1994".

5 This inforntarina is propdetary infonnation tweener:

(a) It divinses essential details of the design phuosophy of GEC AISIMOM Turbine Generano s IJamised winch is proprietary informaation the intcueetual property rights in which are the property of GEC AISniOM NY.; and (b) It contains detaued infortnation about the Fenni 2 turbine which, if used by a wisior of GEC A151HOM, might impsove his cotapetistve position la the design, manufacanet, insentierina, quality ne.new or ceadae of a simuar a

product; and (c) It contains infonnation which relates to plant winch is the property of other utikties winch is subket so undertakings of mandentiality to those utuities and so stdct scstdedons on further hin==se; and (d) Considerable sesources of GEC AISIMOM wese entpkyyed in the gg.g&os of the report between Ds--M 1993 and July 1994; and (c) Access to such documents within GEC AISD10M and Detroit Edison is limited on a 'need to know" basis and such documents are cleady identiSed as propdctary or conDdential t

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De detaned informadon in the seport, so the best of my knowledge and beBef, has ena* ready been hekiin conBdence by GEC AISnf0M and has not bcca reade avauabnc so any other party acept Detsoit Mama. to whom it has been released subkst so an undertaking of conSdentiality: no pubhc disclosure has been made and the information is not avauable in the pubbe daa*ala Any informadon in the report which is also available from pubuc sources is being suppBed to the Nuclear Regulatory Commbina in a separate i

non-propdetary hueat.

I, PAULJ.JANCEE do bestby afErm that the foregoing statements att based on facts and d cumstances which ast true and accurate to the best of my knowledge and behel l

i PAUL J.JAh@

President /20 On this

[E day of

>NU 1994 before ac personaDy appeared PAULJ.JANCEE, being San p sworn and says that he czecuted the foregotag as his free act and deed.

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t AFFIIRYrr PIIRStFAlff To 10 cF1 2.790 FPI International

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State of California

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county of ossage county

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C. Chiu, depose and say that I am the President, of FPI International, duly authorized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary and rgforenced in the paragraph 1:enediately below.

I am submitting this affidavit in conjunction with the application of Detroit Edison Campany in conformance -

with the provisions of to CFR 2.790 of the Commission's regulations for withholding this information.

the information for which proprietary treatment is sought is contained in the fallowing document:

'%aterim status Repost-Independence Emot cause Analysis.

Assessment of the Detroit niisan Fezmi Turbine-eaoerator Event on Deoesber 25, 1993" FPI International Proprietary Report, Duly 25, 1994 nis docutant has been appropriately designated as proprietary.

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88/04/1994 15:03 17143615479 FPIINTL PAGE 03 caro 4/s4 1s:oo Gesseo Noo 0 o02 I have personal knowledge of the criteria and procedures utilized by FPI hternational in designating infonnation as a trade secret, privileged or as confidential commercial or financial infonnation.

Pursuant to the provisions of paragraph (b) (4) of Section 2.790 of the Commission's regulations, the fol,owing is furnished for consideration by the Cemnission in determining whether the infermation sought to be withheld from public disc 1**v n,

j included in the above referenced doc. ment, should be withheld.

1.

The inforration sought to be withheld from public disclosure, which is owned and has been held in confidence by FPI 2ternational, is the modeling and analysis techniques of turbine blade failures.

4 2.

The information consists of detailed modeling technig.ies or other similar methods concerning a process, method or component, the application of which results in substantial ecepetitive advantage to FPI International.

4 3.

The information is of a type customarily held in confidence by FPI International and not customarily disclosed to the public.

FPI International has a rational basis for deterr.ining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of

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08/64/1994.15:83 17143615479 FPIINTL PAGE B4 esjous4 is:o1 essseo NOD information in confidance.

The information is being transmitted to the Cossnission in 4.

confidence under the provisions of 10 CFIL 2.790 with the understeaMag that it is to be received in confidence by the

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commiselon.

i The information, to the best of my knowledge and belief, is 5.

not available in gatlic sources, and any disclosure *5' third

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parties has been made pursuant to regulatory previsions or preprietary agreements which provide for maintenance of the information in confidence.

6.

Public disclosure of the information is likely to cause substantial harm to the competitive position of FPI International because A similar product is sold by other major competitors of a.

FPI International.

b.

Development of this information by PPI International required a lot of research and development manhcris.

To the best of my knowledge and belief, a competitor would have to undergo similar expense in generating equivalent intozmation.

In order to acquire such information, a campetitor c.

would also require considerable time and inconvenience to detesanina the crack hg growth rate, crack initiation n 7n c.

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08/04/1994. 15:03 17143615479 FPIINTL PAGE 05 n;

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time, allowable operatim time modeling and analy i ss techniques.

d.

The infortsation regairca significant effort and expen se to obtain the licensing approvals necessary for application of the information.

Avoidance of this

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1. Pense would decrease a competitoriscostinapplyk.ng the infonnation and anarketing the product to which th e

information is applicable.

1 e.

Use of the information by competitors in the international marketplace would increase their ability to market competitive services by reducing the d

i costs associated with their technology development.

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President sworn to before me this _ k day of bud

, 1994 4

dw4 d. keh Notary Public My commission expires : _ March 4. 1996

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STRESS TECHNOLOGY INCORPORATED

.L1%ad ifem LAs (710)424 2010 FAX (716) 272-7201 PROPRIETARY INFORMATION AFFIDAVIT I, Neville F. Rieger, as President of Stress Technology Incorporated, a New York State Corporation with headquarters located at 1800 Brighton-Henrietta Town Line Road, Rochester, New York 14623, duly affirm the following:

1.

Stress Technology Incorporated was engaged by Detroit Edison company to provide cenain engineering services.

2.

Performance of this engineering service required access to information and data proprietary to Detroit Edison and GEC Alsthom International Inc. Such information was supplied and/or furnished to STI on a "need-to-know basis" and identified

" PROPRIETARY".

3.

STI is under agreement to maintain and hold this information as proprietary.

4.

The proprietary information or data was used to complete the engineering services, concluding with the preparation of two repon documents.

i 5.

STI repon documents identified as: Technical Report PA942, LP L-0 Rotating Stage Failure Investigation on LP3 Rotor at Fermi 2 and Technical Report PB942, Failure Investigation on the Fermi 2 LP L-1 Stage Blades are STI PROPRIETARY, in that they contain, reference, document, or otherwise are comprised of proprietary information supplied to STI from GEC or Detroit Edison.

I 6.

Specific analytical procedures utilized by STI are also included in the report documents. These procedures and information, if disclosed, may afford a competitor access to information that could improve his market position through product refinement, specification, application, manufacture, design, warranty, or license of like product.

7.

All parties to the engineering services activities have consistently held such information as confidential and not for release to the public domain. Accordingly, STI hereby marks these reports as PROPRIETARY.

The above statements are hereby certified as being true, based on facts and circumstances known at this time.

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/G S/', lh N,e'ville F. f(idgpl i

Ddte President

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GEC ALSTMN INTEMAT!alAL IE.

AFFInhVIT I. PAUL J. JANCEK, being duly suers, depose and state as follows:

I.

I as the president of GEC ALSTHON International Inc. a subsidiary ansi representative of the interests in the USA of CEC Alsthor NV. of the World Trade Center, Amstertfas, which is the beneficial owner-c5the proprietary rights in the infomation referred to in this affidavit.

2.

The infomation sought to be withheld under 10 CfR 2.790 is contained in three report numbers T3365, T3366 and T3367 combined in a document entitled 'Femi I LP Rotor Inspections NDT Reports" and dated 8th June 1994.

3.

This information is proprietary infomation because:

(a) It discloses essential details of the design philosophy and inspection techniques of GEC ALSTHOM Turbine Generators Limited which is pr9prietary inforsation the intellectual property rights in which are the property of GEC ALSTim NV.; and (b) It contains detailed information about the Fermi 2 turbine which, if used by a competitor of CEC ALSTHOM, might imprvve his competitive position in the design, manufacture, installation, quality assurance or licensing of a similar product; and (cof)other utilities which is subject to undertakings of confidentiality those utilities and to strict n strictions on further disclosure; and (d) Considerable resources of CEC ALSTHOM were employed is carrying out the inspections and preparing the raport.

(e) Access to such documents within GEC ALSTHOM and Detroit Edison is limited on a "need to know" basis and such documents are clearly identified as proprietary or confidential.

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The detailed informattoo in the reports, to' the best of my knowledge and belief, has consistently been held in confidence by GEC ALSTNOM and has not been made available to any other party except Detroit Edison, to whos it has been released subject to an undertaking of confidentiality: no pubile disclosure has been made and the information is not available in the public domain. Any information in the report which is also available from public sources is being supplied to the Nuclear Regulatory Consission in a separata non proprietary document.

I. PAUL J. JANCEK, do hereby affim that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

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Ald Db PAUL J. i CEK Presideo CEO On this % $ 4 -S e day of b *~I""

,1994 before me personally appeared PAUL J. JANCEK 'being first duly sworn and says that he executed the foregoing as his free act and deed.

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412.arr.9sse RWL 41a.orr.717e PROFRETARYINp0ItMA110N AIFIDAVrr I, Donald C. Adsumoois, as Presadset of WeeDyne heernadomal, a whouy<nraad subsidiary of Westinghouse Elecenc Corporation, being duly sworn, depose and suas as follows 1.

WesDyne Isaarrania==1 we engaged by Detroit Edison Company to provide certain mandsseructive

===l==6aa servious.

2.

Perfonnsmos of theme laspeculos servkas mquired acones to infan=via= and den peuprietary to Depois Edison and GEC Alstrom ha===ed, lac. Such informandon was sapphed aml/or famishpdh,

WesDyne lea== arf===l as a "ased to know basis' and Idsmeified as peepsistory.

3.

WesDyne Isaurannomal is under agnesamt to amminsma and hold this i=8====== sa peopneenry.

4.

The proprissary infonandon was used to develop inspection plans, condmet the==de='a== and erahone inspecnonimatts.

5.

WesDyne t====aia-d repens: Needsstrustve Base Examiestism and c=.ama.= Assessmang er GEC A&strous EF Ester Enrice Forud Musieur 8tselen Unit 2, Detroit Eesse Conspeng", dated June 27,19M and "Needestruselve Enmumimados LF1, LF2 and 123 Tutine Ester Dises, Earles Funst Unit 2, Detroit Eassa Causgemy", dated June 6,19pd are id=ariflad as PROPRIETARY la that they coanda, sofsanes, docummut or othenree me based on peepristasy information suppund to WesDyne I=a== mammal from OEC or Deaok Edison.

j 6.

The infonmutaan in the upons, to the best of my knowledge and beuef, has been held la con 5 demos by

.WesDyee Imamman mal and has am toen ands avuuales to any other puny anspt Densit Edison. No puidic disclosure has besa made and the tafonnation is not svanable la the puhuc domain.

I, DONALD C. ADAMONIS, do huseby affins abat the fasegoing sessammets are bened ca facts and

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- a the best of knowledge and benef.

A Donald C. Adannoms Preenloor. WeeDyne lammandn mi s.

l On this 51%Iey of Oc T,1994 before me personsuy appeand DONALD C. ADAMONIS, beleg that duty sworn and says that he execused the foregoing as his free act and deed.

hf un A mis NOTARY PUBUC 1

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I, Donald C. Adamoms, as Pnsidem of WesDyne haernadonal, a wholly owned subsidiary of W=:=f--

Electnc Corporance, being duly sworn, depose and state as follows:

1 1.

Weep ne insemadonal was engaged by Detroit Edason Coenpany to prowde certain nondestructive y

warniaanna services.

2.

Performance of these iW surnces required acones to infsmnance med data proprietary to Detrok Edison and GEC Alstrom immenatsonal, lac. Such informanon we supphed and/or furnished to WesDyne inestaanomal on a 'ased to know basis" and Edsmened as peopnetary.

3.

WesDyne Inter==hanal is under agreement to sessman and hold this infan==tm a propnetary.

4.

'Ibe proprietary infornuring was used to develop i=parnan plans, conduct the a-ada== and evaluane e asants.

5.

WeeDyas huernadonal reports: "Nomdestrussin Berv Emendmettee and Canditten Aamemanast of GEC Akutrous EP Racer, Enrico Ftemi Nuclear Statism Unit 2, Detroit Edisse Ceampany", dated June 27,1994 and "Needestressive E===a==an== LF1, LF2 and IE3 Turtime Itseer Dises, Earleo Fenal Unit 2, Detroh Edloon Company", dated June 6,1994 me idennSed as PROPRIETARY, in that they consala, reference, documes or otherwise are based as peopnetary indoemstion supplied so WesDyne lansanssonal from OEC or Deceit Rdinaa.

6.

The infornanon in the repons, to the best of my laowledge and belief, has been held in an=Ad==a= by WesDyne lan=Paaamal sad has not been made available to any other pony escept Detroit Edison. No pubbc diar 4a==e has been made and the infonnatics is not available in the pubbe domain.

1. DONALD C. ADAMONIS, do hereby affirm that the foregoing van===*a are based on facts and estances to the best of knowledge and belief.

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Donald C. Adamonas Presideer WesDyne laser==danna i

On this.5% of Od T,1994 before uns personally appeared DONALD C. ADAMONIS, being Drst duty sworn and says thm he executed the foregoing as his fase act and deed.

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. NOTARY PUBUC 1

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GEC ALSTHOM letTERNA110NALINC.

AFFIDAVIT

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1 I, Paed J. Jennuk, behg skdy enom, depees and egets as teAsse:

1.

I am me PresWent of GEC ALSTHOM intemedonal Inc., a subeksery and representative of sie internete in the USA of GEC ALSTHOM NV. of the' World Trade Center, Amsterdam, whsch to the beneficaal owner of the propnetary rights in ete informeenn nyforred e in this sillelevit.

2.

The informason sought m be wNhheM under 10 CFR 2.790 m conismed in memos and drawings dealing with the pressure pieles for Fermi 2 turtWne generator.

3.

This informaton is pmprietary because:

(e) it diadones eenensus deemis at the design phansophy of GEC ALSTHOM Turtme Generobre Lnnited whicri is proprietary irdormation of the intessauet property rights in wtuch are the property of GEC ALSTHOM NV.; and (b) it contains detsNed irWormadon about the Fermi 2 turtune which, if used by a composter of GEC ALSmOM, might improve No compeMhe poeldon in the design, manufacture, installehon, quality assunmos or ikanung of a simber product; and (c) R contains infonnsdon whisti reistes b plant which is the property of other unbos which is auteem e undertakings of cordidenussay to those i

ummes and to strict reseksens on further esciosure; and j

v (a) canaderstdo resources of GEC ALSTHOM were employed in me i

properation of these verlous memos and dramnge; and l

(e) access to sucts documents within GEC ALSTHOM and Detroit Edison is limited on e W to knoet' beels and auch docaaments are caserfy identlRed as proprietary or conAdental s-;;.sccrr ~ "

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The dotaded informegen h the memos and drawmge, e the best of my knowledge and beset. hee conmateney noen heen m conomence by GEC ALSTHOM and has not Dean made svegelse to any other party accept c

DetroR Edison, to whom a hoe been raisesed subject m an undestelang of conedensemy no pulse w== hee been made and the eformanon is not avegable in the puche somein. Any inhumason in the soport which is also aveestdo from putte sources le bang supphed to the Nuclear Reguietary Commisalon in a asperate nor>9toprietary document.

l I, PAUL J. JANCEK, do hereby spirm that the foregoing statements are beoed on -

faces and circumesences which are true and ammaan to me best of my knowledge and consf.

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//* day of/L d1994 before me personeBy appeared PAUL J. JANCEK, Dems M duly sworn and ears that he==5M the foregosng se his toe act and deed j

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AFFIDAYlT I, F. R. Bakos hereby certify that I am a duly appointed and qu,allfled President of Power Generation Business Unit, Westinghouse Electric Corporation, a Pennsylvania Corporation (the

" Company"), and I further certify that:

1.

The Company and Detroit Edison Company (" Detroit Edison") entered lato a certain P. O. Number NS 232605 Agreement dated 02/14/94 (the " Agreement").

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Pursuant to the terms of the Agreement the Company provided certain information to Detroit Edison that the Company considers to be proprietary and confidential ("Information").

This Information is further identiSed in the attached Exhibit #1, which is made a part hereof.

i 3.

The Company acknowledges that Detroit Edison may be required to provide the Information to the Nuclear Regulatory Commission and other government agencies; provided, however, the Company still considers the Information to be confidential and proprietary and does i

not consent to the disclosure of the Information to the public or any other third party 1

IN WITNESS WHEREOF, I have hereunto set my hand and the corporate seal of the Company this 8th day of August,1994.

WSdY

/ President Power Generation Business Unit A

STATE OF FLORIDA COUNTY OF ORANGE Sworn and subscribed before me day ofd:46M994 by Frank R. Bakos, who is personally known to me.

this 6

2x1m AA Carol Kessinger, Notary (\\

• l uren,aA1.NCTTARY 5EM CAROt. KBSINGFA NOTARY PUBUC STATE OF.51DRIDA r-COMM!SERON NO.CC15253

'A MY COMMISSION EXP. MA_y26.1996 3

eest 08/08/94

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PRESSURE PLATE EVALUATION CORRESPONDENCE i

i Date To From Subject c

. June 2,1994 Mr. Scott Kremer P.J. Moore Baffle Plate Design June 9,1994 Mr. Kulju P.R. Ratliff Recommendations and Preliminary _

Approvalfor Repair

- June 9,1994 Mr. Gary Kulju P.R. Ratilff Baffle Plate Material Procurement and Defects of One Plate June 10,1994 Len Fron P.R. Ratliff Presentation Materials June 12,1994 Mr. George Trahey P.R. Ratfiff Confirm Conference Call June 14,1994 Brian Stone P.R. Ratliff Conditions Evaluated GEC Pressure Plates June 17,1884 Brian Stone Brad Steinebronn Baffle Experience Prairie Island and Ginna June 18,1994 Mr. Len Fron P.R. Ratilff W Evaluation of GEC Design Pressure Plates for Fermi 2 July 13,1994 Len Fron P.R. Ratilff Final Report on s

LG. Fowls Pressure Plate M.W Trommel Evaluation July 22,1994 Mr. Len Fron P.R. Ratliff Response to M. Trommei Questions Regarding Pressure Plate Evaluation August 1,1994 Len Fron P.R. Ratliff Review of GEC Heat M.W. Trommel Balance with Pressure Plates August 4,1994 Brian Stone P.R. Ratliff Letter of Clarification on Final Report Loadings

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DETROIT EDISON COMPANY AFFIDAVIT I, ROBERT McKEON, M ing duly sworn, depose and state as follows:

1.

I as the Assistant. Vice President and Manager Operations of the Detroit Edison Company.

2.

The information sought to be withheld under 10 CFR 2.790 is contained in Detroit Edison Engineering Design Package No.,EDP -

26726, Rev 0; " Elimination of the 7th and 8th stage LP Turbine blades and pressure plate installation".-

3 This information is proprietary information because:

a)

It discloses essential details of the design philosophy of GEC which have been declared by GEC ALSTHOM to:be Propriotary

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(reference the affidavit of Paul J. Jancek, President of C'.0

' ALSTH0H International Inc.)

b)

It contains detailed information about the Ferai 2 turbine, which if used by a competitor of the Original Equipment Manufacturer, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; 4.

No public ' disclosure of the detailed 'information. in the document has been made and the information is not available in public sources. 'Any information in the document which is also'available in public sources can be provided to the Nuclear Regulatory Commission upon request via a separate non-proprietary document.

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'4-J AFFIDAVIT I, ROBERT McKEON, do.hereby affirm that the foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and belief.

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4 Lb ROBERT McKEON Assistant Vice President and Manager - Operations On this

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day of b

, 1994 before me personally appeared Robert McKeon, being first duly sworn and says that he executed the foregoing as h 6 free act and deed.

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t GE NUCLEAR ENERGY 6

September 9,1994 94060 To:

S. Bartman B. Sheffel G. Smith

SUBJECT:

ENRICO FERMI 2 MATERIALS & FUELS EVALUATION - FINAL REPORT - GE PROPRIETARY REPORT NEDC-32320D VOLUMES 1 &

2, WITH AFFIDAVIT

Attachment:

Affidavit, George B. Stramback, dated 8 September,1994

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Gentlemen, Please find attached a copy of the Fermi 2 Materials & Fuels Evaluation - Final Report. This is a transmittal of GENE proprietary information under our existing SNC/ GENE proprietary information agreement Attachment 1 is an affidavit addressing the proprietary nature of the report. If necessary, this report and accompanying affidavit are suitable for review by the NRC.

This serves as the final delivery for the Fermi 2 Materials & Fuels Evaluation Project.

'f you have any questions about the report, please call J.P. Higgins (GE) at (408) 925-1560, R.R.

Milian-Rodriguez (GE) at (408) 925-3715, or myself at your convenience. If I can provide you with any additional information, please do not hesitate to call.

Sincerely, jo

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D. Gipson R. McKeon P. Fessler W. Romberg L. Goodman W. Miller W. Terrasi S. Hsich C. Halbfoster J. Walker J. Thorson R. Hambleton J. Plona R. Delong l3

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General Electdc Company AFFIDAVIT -

I, George B. Stramback, being duly sworn, depose and state as follows:

(1) I am Project Managler, Licensing Services, General Electric Compa have been delegated the La* of reviewing the information described in paragraph (2) which is sought to be withheid, and have been authorized to apply for its withholding.

(2) h information sought to be withheld is containari in the GE proprietary report NEDC-32320D, Enrico Fenni.? Materials mui Fuel Ensinarias Final Report Volume 1 & 2 (GE Proprietary Infennstion), dated September 1994. The proprietary information is delineated by bars marked in the margin adjacent to the specific Insterial.

8 (3) In maldng this appNcation for withholding of proprietary information of which h;is the owner, 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,1,'8 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" (Fr=;-Gaa 4). h material for which exemption fi orn disclosure is here sought is all " confidential commerciat information",

and some portions also qualify urider the narrower definition of" trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Crht Mau harv Prde v. Nnd==r R==1=+ary Cc.......:==iaa 975F2d871 (DC Cir.1992), and Public Ci+im Hamith P_====n:h Groun v. FDA 704F2d1280'(DC Cir.1983).

(4) Some examjdes of categories of information which fit into the definition of proprietaryinformation are:

Information that discloses a process, method, or apparatus, i= huia: supporting a.

data and analyses, where prevention ofits use by General Electric's co=dahi without license from General Electric constitutes s competitive economic advantage over other companies; b.

Information which, if used by a competitor, would reduce his - ;=hre of resources or nnprove his competitive position in the design, in==#menwe, shipment, inmallation,;, assurance of quality, or licensing ofa Mmilar product; e

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Infonnation which reveals cost or price iefosetion, production capacities, c.

budget levels, or corrunercial strategies of General Electric, its customers, or its suppliera; d.

Information which ' reveals aspects of past, present, or future General Electric customer-funded development plans and programa, of potential commercial value to GeneralElectric; i

Information which' discloses pa+== Ale subject matter for which it may be e.

desirable to obtain patent protection'.

The information sought to be withheld is enneidared 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 NltC in confidence. &

information is of a sert customarily held in con 6dence by GE, and is in fact so held.

The information sought to be withheld has, to the best of my knowledge and belie (

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 r=rd=*~y provisions or proprietary agreements which provide for maintaamaca of the informadon in confidence. Its initini designation a pmprietary infonnsdon, and the subsequent steps taken to pw. ;its unauthorimod disclosure, are a set forth in paragraphs (6) and (7) following.

(6) Initial approval ofproprietary treatment ofa damnant is made by the manager of the originating component, the penon most likely to be acquainted with the value and sensitivity of the infbrmation in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.

(7) The procedme for approval of arternal release of such a document typically requires review by the staff manager, project manager, Mp.: scientist or other equivalent authority, by the manager of the cogninnt marketing function (or his delegate), and by the I4 sal Operation, for technical contant,. competitive e5ect, and determination of the accuracy of the proprietary designation, htw ee outside GE are limited to regulatory bodies, customers, and potential customers, ed their agents, suppliers, and licensees, and others with a legitimate need for the informadon, and then only in mdesce with appropriate r=rdeo y pmvisions or proprietary agraamants.

(8) The isfus.etion Watihi in paragraph (2), (m* spections and assessment of the impact of the circulation water intrusion transient on the materials and fhel in the Fermi 2 plant) above, is classified as proprietary becauseit contains detailed resulta of analytical modela, methods and processes, including ceanputer mianf which GE has developed, obtained NRC approval of, and applied to perform evaluadons of the l

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. esecss of a severe chamieml ransient experienced by the reactor system materials and t

fuel aAer the turbine failure on 25 December 1993.

The devulopment and approval'of the plant life extension diagnostics (PLEDGE) used in this analysis was achieved at a significant cost, on the order of several million dollars, to GE.

The development of the evaluation process along with the interpretation and application of the analptical and inspection results is derived from the extensive experience database that constitutes a major GE asset.

(9) Public Almelaanre 'of th'e information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability ofprofit-making opportunides. The information is part of GE's comprehensive BWR 1

safety and facimalogy 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 mathadology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with'

-l NRC-approved swdwMi The research, devde, engineering, analytical and NRC review costs comprise l substantial invamment of time and money by GE.

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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.

t GE's m=g 2We 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 under*ading by demonstrating that they can arrive at the same or gimilar conchisions..

The value of this information to GE would be lost if the information were disclos6d to the public. Making such information available to @rs without their having been required to undertake a nimihr expenditure of resources would hsf.iG provide competitors with a windfall, and deprive GE of the opportunity te e.;ercise its competitive advantage to seek an adequate return on its large invammant in developing these very valuable analytical tools.

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s STATE OF CALIFORNIA

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m cotwrY OF SANTA CLAltA

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George B. Str==3=>+ being duly sworn, deposes and says:

That he has read the foregoing af5 davit and the matters stated therein are true and correct i

to the best ofhis knowledge, information, and belief.

,r D-Wad at San Jose, California, this fb l

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