ML20087D001

Forwards Proprietary Tables to App 18F to Chapter 18 Re Human Factors Engineering.Ge Will Amend Ssar to Include Subj Info in Future Amend.Encl Withheld

ML20087D001
Person / Time
Site:	05000605
Issue date:	01/06/1992
From:	Marriott P GENERAL ELECTRIC CO.
To:	Pierson R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19351B088	List: ML20087D001
References
EEN-9203, MFN-007-92, MFN-7-92, NUDOCS 9201150092
Download: ML20087D001 (4)

Text

-. . - -

. 'I j

• ~

GE Nucicer Energy a u. ,

January 6,1992 MFN No.007 92 Docket No. STN 50-605 EEN 9203 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:

Control Room Inventory 1:nclosed is one copy of selected tables to Appendix 18F to Chapter 18, Human Factors Engineering.

The tables presented in the attached material contain 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 in a future amendment.

Sincerely, l [ . O MW P.W. Marrio t, Manager Regulatory and Analysis Services M/C 382, (408) 925-6948 cc: F. A. Ross (DOE) w/o enclosure N. D. Fletcher (DOE)

R. J. Eckenrode - (NRC) w/ enclosure G. S. Galitti (NRC) "

P. C. Goodman (NRC) "

R. L. Nease (NRC) ~

R. C. Berglund (GE) w/o enclosure J. F. Quirk

/d . by (GE)

Ll)0ff f or Odj 0p "1~f 130la1 ,

nonwoon nows \

m ntu osww rDn A

General Electric Company i AFFIDAVIT I, Robert C. Mitchell, being July sworn, depose and state as follows:

1. I am Manager, Safety, Environmental & Quality Assurance, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholding.

2. The information sought to be withheld is selected tables of Appendix 18F to Chapter 18, Human Factors Engineering Standard Safety Analysis Report,23A6100AR, 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 competitors who do not know or use it.. . A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information.... Some factors to be considered 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 wl.ich fit into th :. definition of proprietary infor-mation are:

a. Information that disclosed a process, method or apparatus where prevention of its use 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;

c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, as-surance of quality 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; AfGdavit Page !

I i

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. i addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been subject to complete proprietary, technical and editorial review. This prac-tice is based on the fact that draft documents often do not app,ropriately reflect all aspects of a problem, may contain tentative conclusions and may contam errors that can be corrected during normal review and approval procedures. Also, until the final document is complete it may not be possible to rnake any definitive determination as to its pro arietary nature. Gen-eral Electric is not generally willing to release such a document in suei 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 techmcally accurate and correct.

6. Initial approval of proprietary treatment of a document is typically 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.

ments within the Company is limited on a "need to know" basis and such documents are  ;

clearly identified as proprietary.  !

l

7. The procedure for approval of external r ease 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 proprietary 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 proprietary agreements.

8. The document mentioned in paragra ah 2 above has been evaluated'in accordance with the above criteria and procedures and cias been found to contain information which is propri-etary and which is customarily held in confidence by General Electrie.

9. The 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 or proprietary agreements which provide for maintenance of the informa-tion in confidence.

Affidavit Page 2

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 availability of profit making opportunities because it contains details of General Electric design which are not available to other parties without prior proprietary agreement. This information would provide other parties, including competitors, with valuable information associated with technical and business practices of the General Electric Company This information is of a type, customarily held in confidence by General Electric, STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA ) ss,.

Robert C. Mitchell, 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.

Executed at San Jose, California, this '7 day of 6A 4 UAW 1992, C. Ae Robert C. Mitchell General Electric Company Subscribed and sworn before me this N day of OltrWM 41992, 4 0

%x racif, U Q.f% t,= - cree n;,,,

W 9 y Win cua coumy y

/ Notary Public - California Q

'% L'Z$dhjts APR 5,1994 ? Santa Clara County

=m mj i

l l l

I I

Amdavit l' age 3 l