ML20087D055
| ML20087D055 | |
| Person / Time | |
|---|---|
| Site: | 05000605 |
| Issue date: | 01/03/1992 |
| From: | Marriott P GENERAL ELECTRIC CO. |
| To: | Pierson R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19351B090 | List: |
| References | |
| EEN-9201, MFN-004-92, MFN-4-92, NUDOCS 9201150127 | |
| Download: ML20087D055 (4) | |
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l January 3,1992
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MFN No.004-92 l
Docket No. STN 50-605 EEN 9201 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:
Request for REDYA Documents to Support the January 1992 ODYNA/REDYA Audit
- Enclosed is one (1) set of REDYA documents to support the January 1992 ODYNA/REDYA -
audit.
The enclosed documents contain information that is designated as General Electric Company-proprietary information and included is the corresponding proprietary affidavit.
i Sincerely, 1
-) YWN
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P.W. Marriott, Manager Regulatory and Analysis Services M/C 382, (408) 925-6948
- cc: F. A. Ross (DOE) w/o enclosure i
N. D. Fletcher (DOE)
C. Posiusny, Jr.
(NRC) w/ enclosure R. C. Berglund-
'(GE) w/o enclosure
-J. F Quirk.
(GE) au n,
y u>g 920115o127-92o1o3 0
lAPDR ADOCK c50006o5 t(
PDR c::-. -
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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 Gener-tric must treat as proprietary according to agrecments with other parties.
to a iterial meeting the standards enumerated 5.
In addition to proprietary s
above, General Electric custo onficence preliminary and draft material which has not been subject to co ehnic# md editorial review. This prac-
' unt apppgriately reflect all aspects of tice is based on the fact that dre a problem, may contain tentative u.
.pntan errors that can be corrected utillhe fir.rJ document is complete it during normal review and approval pro'.
-t may not be possible to make any definitwe determi% on as to its pro arietary nature. Gen-eral Electric is not generally willing to release such a document in suca 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 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 propnetary, 7.
The procedure for approval of external release of such a document ty3ica!!y requires review by the Subsection Manager, Project manager, Principal Scientist or otler aquivalent 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 axuracy of the proprietary designation in accordance with the standards enumerated above. Disclo-sures outside General Electric are generally limited to regulatory bodies, customen, 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 docu ent mentioned in paragra ah 2 above has been " valuated b accordance with the above criteria and procedures and las been found to contain information which is propri-etary and which is customarily held in confidence by General Electric.
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-l tion m confidence.
l I
l N0 davit Page 2 i
l
General Electric Company AFFIDAVIT I, Robert C. Mitchell, being duly 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 withholdmg.
2.
The information sought to be withheld is General Electric reports NEDE-30690, July 1984, "REDYA01 Technical Description" and NEDE 30822, November 1984, " User Testing of the REDYA01 Computer Program" 3.
In designating material as proprietary, General Electric utilizes the definition of proprietary iaformation 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 whid 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 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, productica capacities, budget levels or commercial strategies of General Electric, its customers or suppliers; Nfidavit Page 1
+
10.
The computer code mentioned in paragraph 2 above is classified as proprietary because it contains details of GE design which are not available to other parties. The information is of a type customarily held in confidence by GE since it reveals valuable design information ob-tained at considerable expense to GB.
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 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 NMRY 1992.
QM C.W kobert C. Mitchell General Electric Company Subscribed and sworn before me this [ day of I)0 norud 1992.
O OFFICIAL SEAL PAULA F. HUSSEY
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- Notary Public - California Santa Clara County l
Affidavit Pa;c 3