ML20086T158

Forwards Proprietary Rept TOGE110-T19, Giraffe As-Built Drawings, Satisfying Item 25 of Attachment to GE .Drawings Provide as-built Dimensions for Piping Sys Utilized During Giraffe Helium Series Tests.Rept Withheld

ML20086T158
Person / Time
Site:	05200004
Issue date:	07/24/1995
From:	Quinn J GENERAL ELECTRIC CO.
To:	Quay T NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19325F639	List: ML20086T158
References
MFN-124-95, NUDOCS 9508020259
Download: ML20086T158 (6)

Text

_ _

.g

~

~'

GENuclearEnergy YMR B m 5C r nn $165 San Jose, CA 95125-1014 408 925-1005 (phone) 408 925-3991 (tecsimile)

July 24,1995 MFN 124-95 Docket STN 52-004 Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 Attention: Theodore E. Quay, Director Standardization Project Directorate  ;

Subject:

SBWR - GIRAFFE AS-BUILT DRAWINGS, Report TOGE110-T19, May 20,1995

References:

1. MFN 072-95, from J. E. Quinn (GE) to T. E. Quay (NRC), SBWR Test Documentation Submittals, May 10,1995.

2. MFN 036-94, from J. E. Leatherman (GE) to R. W. Borchardt (NRC),

NRC Request for Additional Information (RAI) on the SBWR Design, March 24,1994.  ;

The subject enclosure to this letter satisfies Item 25 of the Attachment to MFN 072-95. ,

l The subject drawings provide the as-built dimensions for the piping systems utilized during the l GIRAFFE IIelium series tests. The tolerances for the drawing dimensions are: +/- 10mm for  ;

elevation and +/- 50mm for pipe line lengths.

The type and thickness of the GIRAFFE facility insulation has already been provided to the NRC in Tables 21 and 22 of Reference 2. The GIRAFFE Reactor Pressure Vessel, Drywell, l Suppression Chamber, Gravity Driven Cooling System and Passive Containment Cooling System pools as-built dimensions have already been provided to the NRC in Reference 2. For the PCC condenser, the as-built dimensions have already been provided in Table 1 of l Reference 2, but one correction is required, the tube length should be 1.8m instead of 2.4m. l ft

\ D F

8N \

D) )

b l

310023 9508020259 950724 PDR ADOCK 05200004

k. (& i\

i A PDR

GENuclearEnergy

' MFN 124-95 Please note that $is report contains information of the type which the General Electric Company (GE) and its associates maintain in confidence and withhold from public disclosure.

They have been handled and classified as proprietary to GE and its associates as indicated in

' the attached affidavit. The information sought to be withheld is all of the figures contained in the attached Toshiba report. We hereby request that this information be withheld from public ,

disclosure in accordance with the provisions of 10CFR2.790.

Sincerely,

}21NLA( W b I James E. Quinn Projects Manager

Attachment:

GIRAFFE AS-BUILTDRAWINGS, Report TOGE110-T19, May 20,1995 i

cc: P. A. Bochnert (NRC/ACRS) (2 paper copies w/att. plus E-Mail w/o att.)

I. Catton (ACRS) (1 paper copy w/att. plus E-Mail w/o att.)

S. Q. Ninh (NRC) (2 paper copies w/att. plus E-Mail w/o att.)

J. H. Wilson (NRC) (1 paper copy w/att. plus' E-Mail w/o att.)

~

General Electric Company AFFIDAVIT ,

I, David J. Robare, being duly sworn, depose and state as follows: {

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

(2) GE is an owner of the information sought to be withheld. The information sought -  !

to be withheld is all of the figures contained in Toshiba report GIRAFFE AS-BUILTDRAWING, document number TOGE110-T19, May 1995.

(3) In mak.ing this application for withholding of proprietary information, GE claims to have an unrestricted right to dissemination of this information and has a royalty-free license to any patent relating to this information, as defined in the contract with its associates. GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4), j 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial <

information obtained from a person and privileged or confidential" (Exemption 4).

The material for which exemption from disclosure is here sought is all

" confidential commercial information", and some portions also qualify under the narrower definition of " trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critient Mass Energy Project

v. Nuclear Reaulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Heahh Research Group v. FDA,704F2d1280 (DC Cir.1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are: ,

I

a. Information that discloses a process, method, or. apparatus, includmg i supporting data and analyses, where prevention of its' use by General  !

Electric's competitors without license from General Electric constitutes a I I

competitive economic advantage over other companies;

b. Infoimation which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, i shipment, installation, assurance of quality, or licensing of a similar product; i

Afridavit Page 1

e-: ,

. . +

c. Information which reveals cost or price _ information, production capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial:

value to General Electric;

e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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

. (5) The information sought to be withheld is being submitted to NRC in confidence.

The information is of a sort customarily held in confidence by GE and its associates, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE and its associates, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the component to whom the work was.provided,' the person'most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Ixgal Operation, for technical content, competitive effect,-

and determination of the accuracy of the proprietary designation. Disclosures outside GE and its associates are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains as-built design details of the GIRAFFE test facility, used for Affidavit Page 2

, a SimplifiIed Boiling Water Reactor (SBWR) testing. This SBWR test program has been under development by GE and it associates for more than seven years at a total program cost of tens of millions of dollars. A substantial effort has been expended by General Electric and its associates to design and modify (as needed) the GIRAFFE facility in support the SBWR test program.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's and its associates' comprehensive BWR technology 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 methodology. This includes the development of the expertise to modify the facility, and determine and apply the appropriate tests.

The research, development, engineering, and analytical costs comprise a substantial investment of time and money by GE and its associates.

The precise value of the expertise to devise a test program, and apply the correct analytical methodology and design changes (as needed) is difficult to quantify, but it clearly is substantial.

. GE's and its associates' competitive advantage will be lost if their competitors are able to use the test facility design of the GE and its associates to determine or i

verify their own designs, or if they are able to claim an equivalent understanding by demonstrating that they can perform the same or similar tests.

The value of this infonnation to GE and its associates would be lost if the information were disclosed to the public. Making such information avaliable to l competitors without their having been required to undertake a similar expenditure

. of resources would unfairly provide competitors with a windfall, and deprive GE and its associates of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing this very valuable test facility.

Affidavit Page 3

,s

)

STATE OF CALIFORNIA )

) ss:  !

COUNTY OF SANTA CLARA ) l l

David J. Robare, being duly sworn, deposes and says:  !

That he has read the foregoing affidavit and the matters stated therein are true and  ;

correct to the best of his knowledge, information, and belief. l TH l Executed at San Jose, California, this O day of 70LI 1995. .j l

bb' David i. Robare '

General Electric Company Subscribed and sworn before me this D5* day or Db)A 1995.

I O O ,

l PAULA F. HUS8EY i.

w=i!3L, t wnACLARA coumy MN44wm -

i Notary Public, State of Calidrnia

{ uv comm.wm Dec 1.im ) U .

i Affidavit Page 4

.