ML20086L709

Package Consisting of Affidavits for Withholding Info from Disclosure Per 10CFR2.790

ML20086L709
Person / Time
Site:	Fermi
Issue date:	01/31/1995
From:	DETROIT EDISON CO.
To:
Shared Package
ML20086L706	List: ML20086L709
References
FOIA-94-531 NUDOCS 9507210313
Download: ML20086L709 (32)

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T 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.T90 is contained in 1) Metallurgical Analysis of Ferai-2 Low Pressure Seventh and Eighth Stage. Turbine Blading, Technical & Engineering Services Report 94V70-30, dated July 22, 1994;' 2) Metallurgical 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

. q 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,

'I shipment, installation, assuranne of quality or licensing of a similar product;

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J 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 "need to know" basis and such documents are clearly l

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 Commission in a separate non-proprietary document.

9507210313 950131 PDR FOIA TRAPP94-531 PDR 4

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i AFFIDATIT 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 knowladge and belief.

^hxdbhffY) C $A ROBERT McKEON Assistant Vice President and Manager - Operations On this day of N

1994 before se 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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'v AFFIDATIT I, ROBERT McEEON, being duly sworn, depose and state as folloue:

1.

. I as tho' 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) Natallurgical Analysis of Ferai-2 Low Pressure Seventh and Eighth Stage Turbine Blading, Technical & Engineering j

5ervices Report 94V70-30, dated July 22, 1994; 2.'

wtallurgical Examination of Feral-2 Low Pressure Seventh Stage Turbine Blading, Technical & Engineering Services Report 94V70-22, dated July 21, 1994; 3) Natallurgical Analysis of Fermi 2 LP3 Eighth Stage Turbine Blading, Techcical & 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; A

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 i

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 "need to know" basis and such documents are clearly identified as proprietary or confidential.

4.

The detailed information in the documents to the bast 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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v u m uiu Iy;it ( y y;;t, j g ; g g 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.

h6fm e F-ROBERT McKEON Assistant Vice President and Manager - Operations l

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, 1994 before se 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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s DETROIT EDISON COMPANY I

AFFIDAVIT-i 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.

J 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 j

Sersiws Report 94V70-30, dated July 22, 1994; 2) Metallurgical 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; I

b)

It ciontains detailed information abo'ut 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 ured 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 al "need to know" basis and such documents are clearly identified as proprietary or confidential.

1 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 Nuclev Regulatory Commission in a separate non-proprietary document.

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

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

A Notary Public

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

1.

I am 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."

3 This information is proprietary information because:

a)

It contains detailed information about the Fermi 2 turbine N.D.E. inspection methods and results, 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, 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 report; c) Access to this document within the Company is limited on a "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 knowledge and belief has consistently been held in confidence by Detroit Edison, no public disclosure has been made, and the information is nrt available in public sources.

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' AFFIDAVIT

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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.

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ROBERT McKEOK Assistant Vice President and Manager - Operations

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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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Notary Public t-t EOMUE A ARMZTTA NOTARY PUKIC STATE OF MICHCAN MONROE COUNTY WY COMM!s9CN EXP. NN. 2ft1995

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DETHOIT EDISON COMPANY AIT IDAVIT 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 Tht: information is proprietary information because:

a)

It discloses a process and approach which constitutes a competitive economic ad,antage over other companies; F

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 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 as proprietary or confidential.

4.

The detailed information in the document 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 document 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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- t 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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1994 before se On this personallyappearedRobertMcKeon,pingfirst-dulyswornandsays that he executed the foregoing as his free act and deed.

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I, PAEKJ.JANCEE, bdag skdy man, depose asui sense as taEpus 1.

I aan the Pses& dent of GEC AISniOM International Inc. a subekhary and scpree tattve of the innesests in the USA d GEC AISntOM NY. of the Work! Tamoe Ccaser, e--- L-4 = whsch is the hencardal owner of the proprietary rights in the infor nation seferred so in this alBdavit.

2.

• nne talbmnation sought to be withheld under 10 CFR 2.790 is contained in a repost entided "Persni 2 Turbine Generator Inddent, 25th Decesaber 1995 -

Root Cause Investigation Conchasions Based on Infor nation Available up to 20th June 1994".

3

'nsis inforv== dan is propdetary infonnation wn=r:

(a) It discloses essential detaih of the design phuosophy of GEC AISnIOM

• narbine Generators IJmised which is proprietary inforsnation the inscIlectual picMy dghts ht which ase the property of GEC ALSniOM NY.; and (b) It contains detailed inforenation about the Pessai 2 tuttine which, if used by a counpetitor of GEC AISnlOM, snight isnpsove his cosapedtive position la the dreien, snannhne, instauntion, quaNgy semanare or licenhe Of a similar i

product; and (c) It contaira inforunation which sektes to plant widch b the psoperty of other utikties width is subject to undertakings of mandratiality to those utiktics and so stdct sesaicdons on further nMmelamane; and (d) Considerable resources of GEC AIST110M wese @id in the y.eyestics of the report between Dv- =d-i 1993 and July 19M; and (c) Access to such dociancats within GEC A1SnlOM and Deuoit Edison is linuted on a "need to know" basis and such docuanents are chady identined as propdctary or conadential

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'Ibc detaned inh==rina in the report, no the best of my knowledge and belief, has enachtendy been heki in con 8dence by GEC ALSntOM and has not bcen==de avausbie ao any odu:r party cacept Detsoit F4W_. to whom it has been selemmed suW so an undertakag of conSdendaDry: no pubbe dhelasure has been saade and the informaation is not avaGable in the pubik:

da==aa Any infonnaelon in the report which is also sullabic frota public sources is being supplied no the Nuclear Regulanory Commh=Ana in a separase nonfispery document.

I, PAM.J.JANCEE, do hereby afRrm that abe foregoing statements are based on facts and circumstances which are true and accurate to the best of my knowledge and behef.

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PAULJ. Mp Pacaedent/2O On this

[E day of 1994 before me personaHy appeared PAUL J. JANCEE. being Han p sworn and says that he czecuted the foregoing as his free act and deed.

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TO 10 CFR 2.790 FPI International

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j C. Chiu, depose and say that I am the President, of FPI International, duly authorized to seks this affidavit, and have reviewed or caused to have zwviewed the information which is identified as propriatary and referenced in the paragraph I am submitting this affidavit in conjunction 1:enediately ' below.

with the application of Detroit saison campany in conformance with the provisions of 10 CFR 2.790 of the Commission's regulations for withholding this information.

The information for which proprietary treatment is soughe is cent =4nad in the fallowing document:

' Interim status Report-Indepe.ndence Root cause Analysis Assessment of the Detroit Edison Fami Turbine-Generator Event on December 25, 19938 FPI International Proprietary Report, auly 25, 1994 Na docunnant has been appropriately designated as proprietary.

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I have personal knowledge of the criteria and procedures l

utilized by FPI Internatiemal in designating information as a trade secret, privileged or as confidential commercial or financial infor nation, Pursuant to the provisions of paragraph (b) (4) of section 2.790 of the Commission's regulations, the following is furnished for consideration by the comunission in dete-winks whether the infermation sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

c.

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

i 2.

The information censists of detailed anodeling technig.1es or other similar snethods concerning a process, method or component, the application of which results in substantial competitive advantage to FPI International.

3.

The information is of a type custcearily held in confidence by FPI International and not customarily disclosed to the pub:.ic.

FPI International has a rational basis for deterr.ining the types of information custenarily held in confidence by it and, in that connection, utilizes a system to deterr.ine when and whether to hold certain types of s-4 e

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information in confidence.

i The into=mation is being transmitted to the Consnission in f

4.

confidence under the provisicas of 10 CFR 2.790 with the underst W 4aa that it is to be received da confidence by the cassaission.

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

not available in g"blic sources, and any disclosure to_ third parties has been made oursuant to regulate:y previsions or preprietary agreements which provide for maintenance of the information in confidence.

6.

Pab11c disclosure of the information is likely to os.use 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 manhours.

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

In order to acquire such information, a c:supatitor c.

would also require considerable time end inconvenience to determine the cracking growth rate, crack initiation n y,,,,..

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Soo4 time, allowable operation time modeling and analysis 4

i techniques.

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The infortsation zog.zired significant effort and expense j

to obtain the licensing approvals necessary for application of the infozantion.

Avoidance of this i

expense would decrease a casipetitoriscostinapplyh.ng the information and marketing the product to which the information is applicable.

a.

Use of the information by conqpetitors in the international marketplace would increase their abilicy to market competitive services by reducing the costs associated with their technology development.

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2 President sworn to before me this _ k day of bud

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Notary Public My commission expires :

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STRESS TEt HNOLOGY INCOdPORATED

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sfAao/.kfm LA,e (716)424 2010 FAX (716) 270 7201 PROPRIETARY INFORMATION AFFIDAVIT I, Neville F. Rieger, as President of Stress Technology Incorporated, a New York State Corporation with headquaners 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" 1

3.

STI is under agreement to maintain cnd 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.

5.

STI report 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 positiori through product i

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 cenified as being true, based on facts and circumstances known at this time.

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AFFIDAVIT I pML J. JANCEK, being duly suers, depose and state as follows:

1.

I as the President of GEC ALSTHON International Inc. a subsidiary and representative of the interests in the USA of GEC Alsthom Nr. of the World Trade Center, Amsterifas, which is the beneficial owner of the 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, T3365 and T336T combined in a document entitled " Fermi 2 LP Rotor Inspections NDT Reports" and dated 8th June 1994.

3.

This infomation is proprietary information because:

(a) It discloses essential detafis of the design philosophy and inspection techniques of GEC ALSTim Turbine Generators Limited which is proprietary information the intellectual property rights in which are the property of GEC ALSTHOM NF.; and (b) It contains detailed information about the Fermi 2 turbine which, if used by a competitor of GEC ALSTHOM, might leprvve his competitive position in the design, manufacture, installation, quality assurance or licensing of a siellar product; and (c) It contains infomation which relates to plant which is the property of other utilities which is subject to undertakings of confidentiality to these utilities and to strict restrictions on further disclosures and (d) Considerable resources of CEC ALSTHOR were employed in carrying out the inspections and preparing the report.

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

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The detailed information in the reports, to the best of my knowledge and belief, has consistently been held in confidence by GEC ALSTHON and has not been made available to any other party except Detroit Edison, to whom 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 sourtes is being supplied to the Nuclear Regulatory Comission in a separata non-proprietary document.

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

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St@_hb PAUL J. i ANCEK Presideelt/CEO On this #b 28 be day of

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

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. =,en=.,..=.6 mx41sJrr.mo PROFRIETARYINpUdtMA'I10M AFFIDAVFr I, th-dd C. Adamnus, as Pasident of WesDyas laussaiemmi, a wholly-owned subsidiary of Westinghouse Eleseric Carperunes, being duly sworn, depoos and suas as inikrws:

1.

WesDyas Imam-adr==1 was engaged try Detroit lidison Company to provide certain mondestructive examiassion servious.

2.

Per====== or esse i==p-da= survsoms required acosas no i=f====d-and dets pung-i=eary to Demok e

Edison and GEC Alstress inessustaamal, lac. Sect inforausson was supplied and/or==&short te n

WeeDyne hm-nan===l as a 'amed to imow basis

• and id==iA=d as pseynetary.

i 3.

WemDyms Isaarmenomal is under agreamsmt to asumens and hold this ima===e== m psoposeary.

l11ss pumprissary infonandom was used so k W plans, condoce the====d==d=== mmi Y

4.

avaises -ps.o. mai.

5.

WesDyas Immer==si===l repons: "Nemesserustive ser,e Eumundnestem sad r*==anm== A==-=-==e er GEC Alstrums Mr Raear Earles Forud Mendeur Senties Unit 2, Datesit Edses Campug", dated June 27,1996 and "Numdestruselve Examdumsine LF1,122 and IE3 'Durtime Esser DIses Emrtes Fenal Umk 2, Dutrait Edissa Company", dated June 6,1994 se id-ein=d as PROPRIETARY, la that they causain, nderemos, docummes or otheswise ase based as psopristay indennaies supplied to WesDyne Inamenenanal imm OEC or Demok Edison.

6.

Tbs indennesson in tim reposts, to the best of my kaspwledge and belief, has base held la an=Ad=== by

.WesDyse I= mare =aamal and has act been usade available to any aber pony ennsps Deank Edison. No public disclosure has essa made and the infonmation is not available la the puhtic domain.

I. DONALD C. ADAMONIS, do heseby afEna that abs foregosas steammunas are based ca fuss and K

to the best of kapsrledge and belief.

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Donald C. Adamoms Fneedsat, WesDyne lese nariammi On this 5"Mday of & T,1994 befose me persomeDy appeand DONALD C. ADAntONIS, being that dudy sween and says em he====d he sugang as his fue act and deed.

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NOTARYPUBUC f

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412J273s09 FAX 412.327.717o PROPRIETARY INFURMATION AFFIDAVrr

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I, Donald C. Adamous, as Presideas of WesDyne leer==rianal, a wholly-owaad subsubery of Wemesnghtme, I

Bactnc Corporenos, being duly sworn, depose and state as follows:

1.

WesDyne Imamensaia==1 was engaged by Detroit Edason Company to provide certain anndammactrve 4

avern6mmenne services, 2.

Perfannames of theme i==p==== services required access to informanan and data proprietary to Detroit Edison and GEC Alstros lassr==e===1, Inc. Sects inforassoon was supphed and/or fanished to WesDyne Innenananal on a 'ased to know basis

• and Idam&=l as propostery.

3.

WesDyne Internanomal is under agressment to mensen and hold this inthnnmar= m propostery.

4 The pmprietary inforn=rk was used to develop W plans, oceduct the er==a==ria== and

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evatusse rnspacew= results.

J 5.

WesDyas insurasnomal reports: "Nesadastruselve more th=n=8n= a==r and Camdkamn Assuemment et GEC Alstrous EF Resar Enrice Forsal Numiser Station Unit 2, Detroit Edison Company", deced June 27,19M and "Needestruselve 5'm IJ'I,122 and LF3 Turtime asser Dises, Eartoe Formal Unit 2, Dutrait Edises Conspesy". dated June 6,1994 are idamAed as PROPRIETARY. in that they contaan, referemos, daa====r or otherwise are based on proprietary anfonannon supplied so WesDyte Imeranocesi from OEC or Detroit Fdienn, i

1 6.

The informanon in the reports, to the best of my knowledge and belief, has been held in car &l==r by

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WesDyne Immermannnel and has not been siede availaide to any other party except Detroit Edison No pubhc diarla==e has been made and the infonamnos is not available in the public domam.

I, DONALD C. ADAMONIS, do hereby affirm that the foregoms ir====-ne= are based on facts and

- to the best of L4 and belief.

d Donald C. Adamonas President WesDyne laser==nr==1 Os this 57Way of Oc 7",1994 before as personally appeared DONALD C. ADAMONIS, being Stut duly sworn and says that he execmed the foregomg as his free act and deed.

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NOTARY PUBUC Netartel Seal CastemsThether. Notary Putisc Seesen Tsip.,Vuesimossions courny saye _

Empires A4 6.19ee i

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Y att ALSTeOm unummm mmunnumme GEC ALSTH000 INTERNA 110NALINC.

AFPs0Avtr I, Pond J. Janeek, hohg edy eusse, depees aos state as asemes:

I am Sie President of GEC ALSTHOM intemmelonel Inc., a subekeery and 4

1.

represonesswo or See intersees in the USA of GEC ALSTHOM NV. of the Wand Trade Center, Amelerdom, wrum is the benoncial oener c( me rwrli rights in tu informeson rWorred to in this afildsvit.

The informellon sought to be withheid under 10 CFR 2.700 as contened j

i 2.

in memos and drawings doeling with the preneure pistes fbr Fermi 2 l

tustdne emnerator.

i J

3.

This indbrmaban is proprietary mm-(a) it diadosos essenhol detuis of the doengn phEmmophy of GEC rCp meormaton of ALSTNOM Turtene Generators Urneed wrech is the Intstaduet property nghts in wh 2 are the property of GEC ALSTHOM NV.: and (b) a conleine delssed informasion about the Fermi 2 turtens whenh, if used by a composter of GEC ALSTHOM, nught unprove tes compeepve position in the design, manufemure, N quatty aneurance or noonens at a erneer product and (c) a contans moonnation wreen resonas to plant which is the pmporty or other utebes which is outsee to undertakings of aanadonnessy to thoes usmos and to strid restrusons on further deciosure: and j

(a) canaderstdo resources of GEC ALSTHOM were employed in the

.I emperaban of misse vertous memos and drawings; and (e) acenes to such documents wHhin GEC ALSTHOM and Detmit edimon m hmmed on a w to know" bases and such doownents are dearty sdastmed as proprietary or con 5denhet i

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nm me.md irm.muson m a mmnoe and es.mge. = em som or mr knowledge and beset, hoe conomeoney noen hem m conomence by GEC ALSTNOM and het not Dean made aveGebte to any other party moospt Detron Essen, to whom a has been retenced eueject m en undertalang at conedensenty no putte w-e hee been made and the informehon is not evegelde in h puthe domein. Any infumaton in the report when le eleo avageme inwn puche sources le beme supphed to the Nucsour Regulatory Commission in e esperale nor+W ^ i document.

1 1 PAUL J. JNOCEN, e hereby emrm that the forsooing mestamente are based on tests and drcumseenome whuh== tra and secunes no sne nest et my knowledge end Deess'.

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1 Do@D WUL J 'JANCEK Preek hWWCEO

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day of ^41994 before me personefy appeared 0

on thie PAUL J. JANCEK, boog finKedy sworn and says that he==w the foregong as his free ed and deed 0.

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te22c:AdilEndl!i AFFIDAVIT I, F. R. Bakes hereby certify that I am a duly appolated and qu,alified President of Power Generation Business Unit, Wesdaghouse Electric Corperstlos, a Pennsylvania Corporation (the

" Company"), and I flerther cedify that:

1.

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

l 2.

Pursmaat to the terms of the Agus ; t the Company provided certain leformation to Detroit Edison that the Company considers to be proprietary and confidential ("Isformation").

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

3.

The Company acknowledges that Detroit Edison may be required to provide the Information to the Nuclear Regulatory Comatission and other government agencies; provided, however, the Company stUI considers the Information to be confidential and proprietary sad does not consent to the disclosure of the Information to the public or say other third party IN WITNESS WHEREOF, I have heremoto set my band and the corporate seal of the Company this 8th day of August,1994.

$Yd

/ President Power Generation Business Unit a

i STATE OF FLORIDA COUNTY OF ORANGE Sworn and subscribed before me dayofbM994 by Frank R. Bakos, who is personally known to me.

this 0

MM1A j

Carol Kessinger, Notary h*

l uren.aALNUTARY 5EAL CAROL KESINGER NOTARY PUBUC STATE OF FIDRIDA e-COMM:SSION No. CC198353 i

WY COMMISSION EXP. MAY 26.1996 _

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PRESSURE PLATE EVALUATION CORRESPONDENCE Date To From Subject June 2,1994 Mr. Scott Kremer P.J. Moore Saffle Plate Design June 9,1994 Mr. Kulju P.R. Ratliff Recommendations and Preliminary Approval for Repair June 9,1994 Mr. Gary Kulju P.R. Ratliff Baffle Plate Material Procurement and Defects of One Plate June 10,1994 Len Fron P.R. Ratittf Presentation Materials June 12,1994 Mr. George Trahey P.R. Ratliff Confirm Conference Call i

June 14,1994 Brian Stone P.R. Ratliff CoSitions' Evaluated GEC Pressure Plates i

June 17,1884 Brian Stone Brad Steinebronn Baffle Exponence Prairie island and i

Ginna June 18,1994 Mr. Len Fron P.R. Ratliff W Evaluation of GEC Design Pressure Plates for Fermi 2 July 13,1994 Len Fron P.R. Ratifff Final Report on s

LG. Fowls Pressure Plate M.W. Trommel Evaluation i

July 22,1994 Mr. Len Fron P.R. Ratliff Response to M. Trommel 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 j

Loadings i

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.s FERMIdoc

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.

T 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 disc 1cses essentia.'. details of the design philosophy of i

GEC which have been declared by GEC ALSTHOM to be Proprietary (reference the affidavit of Paul J. Jancek, President.of GEC t

ALSTHOM International Inc.)

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; f

4.

No public disclosure of the detailedLinformation in the' document has been made and the information is-not available in public Any information in the document which is also available

)

sources.

in public sources can be.provided to the Nuclear Regulatory Commission upon request via a separate non-proprietary document.

3........,~.~.---

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

A Lf_

Q ROBERT McKEON Assistant Vice Presueat and Manager - Operations 3

_b ec d, 1994 before me On this

//

day of personally appeared Robert McKeon, gefng first duly sworn and says that he executed the foregoing as hLir free act and deed.

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-GE NUCLEAR ENERGY 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:

Af6dovit, George B. Stramback, dated 8 September,1994 Gentlemen,

' Please fin tracNed a copy of the Fermi 2 Mat rials & Fuels Evaluation - Final Rert. 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.

If 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 informatina, please do not hesitate to call.

Sincerely.

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Martin. Lim t

GE Site Services Manager

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

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General Electric Company 1

i AFFIDAVIT o

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

)

l (1) I am Project Manager, bcensing Services, General Electric Company ("GE") and have been delegated the AW ofreviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

l (2) The information sought to be withheld is containai in the GE proprietary report NEDC-32320D, E>erico Fermi 2 Materials mad Fuel Esuluattar Fing Report Volume 1 & 2 (GE ProprietaryInformation), dated September 1994. The pwprid-y information is delineated by bars madted in the margin adjacent to the specific

material, i

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(3) In making this appdcation for withholding of proprietary information of which it: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,1l8 USC Sec.1905, and NRC regulations 10 CFR 9.17(aX4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and enmmarcial or finand=1 informadon obtai-d from a person and privileged or confidential" (Rwa =,a+ian 4). The material for which exemption frorn disdosure is here sought is all ' confidential commercialinformation",

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, respectid, Critieaf Ma= Faarnv Proinct v. Nuclear Remilatory Cammi==iart f

975F2d871 (DC Cir.1992), and Public Ci+ima Haal+h P_ ::--Ja Group v. PDA.

704F2d1280'(DC Cir.1983).

(4) Some examples of categories of information which fit into the definition of proprietaryinformation am:

Information that discloses a procesa, ma+h4 or apparatus, i-huiia: supporting a.

data and analyses, where prevention ofits use by General Electric's comp =*i+ah without license from General Electric constitutes a competitive economic advantage over other companies; b.

Information which, if used by a competitor, would reduce his arpaadi ure of t

i resources or improve his competitive position in the design, r===deture, shipinent, installation,; assurance of quality, or licensing of a similar product;

j.."? " " " "CO A1BdavitPage 1 SEP O '94 20:03 409 925 4175 PoGE.003

c.x F.

Information which reveals cost or price information, production capacities, c.

budget levels, or commercial stategies of General Bectric, its==+~aa'a, or its suppliers; d.

Information which ' reveals aspects of past, present, or future General Electric customer-funded dnW r+1 plans and programs, of potential commercial value to GeneralElectric; Information which' discloses pataatahle subject mettar for which it may be e.

desirable to obtain patent protectiori

& information sought to be withheld is considered to be proprietary for the reasons set forth in both perngraphs (4)a. and (4)b., above.

1 (5) 'Ihe information sought to be withbeid is being submitted to NRC in coaMaam 'Ihe information is of a sort customarDy held in maMence 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 souras. All disclosures to third parties including any

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required transmittals to NRC, have beeri made, or must 'bc made, pursuant to U

regulatory provisions or proprietary agreements which provide for maintenance of the LJose: ion in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthoriand disclosure, are a set forth in paragraphs (6) and (7) following.

l 1

(6) Initial approval ofproprietary tr=atmaar ofa domawat is made by the manager of the I

originating component, the person most likely to be acquainted with the value and sensitivity of the infbrmation in relation to industry knowledge. Access to nich 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 stafrmanager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing Eweian (or his delegate), and by the I4 sal Operation, for technical coreanr, competitive effect, and determinatian of the accuracy of the progisary designation. Di=4amwes outside GE are limited tc regulatory bodies, customers, and pa+aa*W==tamars, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate r 1*~y provisions or proprietary agreements.

(8) % information identiAad in paragraph (2), (inspections and assessment of the impact of the cird=tian water intrusion transient on the materials and fhet in the Fermi 2 plant) above, is classified as proprietary because it contains d. tailed readts of analytical models, methods and prrmaae, including computer mdam, which GE has developed, obtained NRC approval of, and applied to perform ev+=+ianf of the

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-n SED 8 '94 20:03 408 925 4175 PAGE.005

effects of a severe chemical transient experienced by the reactor system matenals and fuel aaer the turbine failure on 25 Deceeder 1993.

The d=L,ym 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 dcvder. nest of the evaluation process along with the interpretation and application of the analptical and inspection results is derived from the extensive cKperience doenhmea that' constitutes a major GE asset.

(9) Public discianwe of tiie infbrmarian sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability ofprofit-making opportsnities. Theinfonnation is part ofGE's comprehensive BWR safety and tachnalogy base, and its a, J value extends beyond the original development cost. The'value of the technology base goes beyond the arransive physical database and analytical mdhadology and includes developmaat of the czpertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with m.

n.

NRC-approved methods.

i The research, d=b ---n engineering, analytical and NRC review costs comprise s substantial invasemant of time and money by GE.

The precise v&c of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GE's ccmg0Gn advantage will be lost ifits competitors are able to use the results of the GE experience to nonnalize or verify their own process or if they are able to i

claim an equivalent ua.h=-%g by d*=c+A.d g that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were dierJamad to the public. M h such inir.eJon available to w, yedtors without their having been required to undertake a nimihr %=-%re of resources would uniti provide competitors with a windfall, and deprive GE of the opportunity to exercise its compGGve advantage to seek an m%e return on its large investmaat in developing these very valuable analytical tools.

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J Affidavit Page 3 SEP 8 '94 20:03 408 925 4175 PoGE.004

I I

l STATE OF CALFORNIA

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COUNTY OF SANTA CLAEA -

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Georp B. StWk, being duly sworn, deposes and says-I I

That he has read the foregoing aEdavit and the inatters stated therein are true and correct to the best ofhis knowledge, iiivimaion, and belief I

Frandad at San Jose, Califor$ia, this fbdayof b.

1994.

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Geo(gr1f SM l

GeneralE3ectric Company i

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I Subscribed and sworn before this dayofI-7-

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