ML20086C720
| ML20086C720 | |
| Person / Time | |
|---|---|
| Site: | 05000605 |
| Issue date: | 11/12/1991 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Pierson R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19353B316 | List: |
| References | |
| EEN-9181, MFN-144-91, NUDOCS 9111250054 | |
| Download: ML20086C720 (4) | |
Text
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GE Nuclear Energy November 12,1991 MFN No.144 91 Docket No. STN 50-605 EEN-9181 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C, 20555 Attention:
Robert C. Pierson, Director Standardization and Non Power Reactor Project Directorate
Subject:
Fire Protection Probabilistic Risk Assessment, AllWR SSAR draft Appendix 19M, Proprietary Information
Reference:
1.
SECY-91309, dated October 1,1991 2.
Fire Protection Probabilistic Risk Assessment, ABWR SSAR draft Appendix 19M, MFN No.143 91, dated November 12, 1991 3.
Submittal of Amendment 4 to GE's ABWR SSAR, MFN No.
005-89, dated January 31,1989 Enclosed are thirty four (34) copies of the draft writeup for the Fire Protection PRA as tequested in the Draft Safety Evaluation Report on the ABWR PRA (Reference 1). This draft was performed based on the same methods and models used for the original PRA (Reference 3). As a result of design changes that have occurred since that PRA submittal, the PRA model will be revised to reflect these changes and a new PRA, including Fire Protection, will be submitted next year. The results of the updated Fire Protection PRA are not expected to be significantly different from the draft results contained in this sub.nittal.
The enclosed subject material contains information that is designated as General Electric Company proprietary information and included is a corresponding proprietary affidavit.
It is intended that GE will amend the SSAR to include this information when it is finalized.
Sincerely, P.W. Marriott, Manager Regulatory and Analysis Services g
M/C 382, (408) 925-6948 Q
h cci F. A. Ross (DOE)
I N. D. Fletcher (DOE)
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C. Poslusny, Jr.
(NRC)
R. C. Berglund (GE)
J. F. Quirk (GE) l} :G:3OOma n,.-
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General Electric Company AFFIDAVIT I, Robert C. Mitchell, being duly sworn, depose and state as follows:
1.
I am Manager, Plant Licensing Services, General Electric Company, and have been del-egated the function of reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholdmg.
2.
The information sought to be withheld is the draft Appendix 19M, Fire Protection Probabilistic Risk Assessment of the ABWR SSAR, of the General Electric Advanced Boiling Water Reactor Standard Safety Analysis Report,23A6100AS, Rev. A.
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 infor-mation which is used in one's business and which gives him an opportunity to obtain an advantage over comoetitors who do not know or use it..
A substantial element of secrecy must exist, so that, except by the ute of improper means, there would be difficulty in acquiring information... Some factors to be censidered in determining whether given information is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of mea-sures taken by him to guard the secrecy of the information; (4) the value of the in-formation to him and to his competitors;(5) the amount of effort or money ex-panded by him in developing the information; (6) the ease or difficulty with the which the information could be properly acquired or duplicated by others."
4.
Some examples of categories of information which fit into the def' ition of proprietary infor-m mation arc Information that disclosed a process, method or apparatus wher6 prevention of its use a.
by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; b.
Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability; Information which if used by a competitor, would reduce his expenditure of resources or c.
improve his competitive position in the design, manufacture, shipment, installation, as-surance of qualitv or licensing of a similar product; d.
Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers,
o e.
Information which reveals aspects of past, present or future General Electric cus-tomer funded development plans and programs of potential commercial value to Gen-eral 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 treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminan and draft material which has not been subject to complete proprietary, technical and editorial review, his prac-tice 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 ap; royal procedures. Also, until the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. Gen-eral Electric is not generally willing to release such a document 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 public interest for the staff to be promptly furnished with significant or potentially significant information. Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Elec-tric's potential proprietary position and permitting General Electric to insure the public doc-uments are technically accurate and correct.
6.
Initial approval of proprietan treatment of a document is typicaily made by the Subsection manager of the originating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such docu-i ments within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.
7.
The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project manager, Principal Scientist or other equivalent author-ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the prcorietan designation in accordance with the standards enumerated above. Disclo-sures outside General Electric are generally limited to regulatory bodies, customers and po-tential customers and their agents, suppliers and licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietarf <greements.
8.
%e 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 propri-etary and which is customarily held in confidence by General Electric.
9.
De information to the best of my knowledge and belief has consistently been held in confi-dence 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 regu.
latory provisions of proprietary agreements which provide for maimenance of the informa.
tion in confidence.
.5
1 10.
Public disclosure of the information, as called out in paragraph 2, sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the t.vailability of profit making opportunities because it would provide other parties, including competitors, with valur:ble information associated with technical and business practices of the General Electric Company. This information is of a type customarily held in confidence by GE since it reveals valuable design information ob-tamed at considerable expense to GE.
STATE OF CALIFORNIA
)
COUNTY OF SANTA CLARA ) **;
Robert C. Mitchell, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the n.atters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at San Jose, California, this gday of Sw 6e C1991.
8 C - hM'
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Robert C. Mitchell General Electric Company Subscribed and sworn before me this day o e#A (1991.
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