ML20087E150

Forwards Notarized Affidavit & Nonproprietary Rev 1 to NEDO-31858 & Proprietary Rev 1 to NEDC-31858P, BWROG Rept for Increasing MSIV Leakage Rate Limits..., Per 911125 Request for Amend to License NPF-57.Rept Withheld

ML20087E150
Person / Time
Site:	Hope Creek
Issue date:	01/07/1992
From:	Labruna S Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20087E153	List: ML20087E150 ML20087E155
References
NLR-N91208, NUDOCS 9201210047
Download: ML20087E150 (6)

Text

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4 Pubhc Service Electric and Gas Cornpany Stanley LaBruna Pub 0c Service Electnc and Gas Cornpany P.o. Don 236, Hancocks Dodge. NJ 08038 609-339-1200 vano n oyor.-, NLR-N91208 JAN 07 3933

Reference:

LCR 91-02 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20555 Gentlemen:

REVISED REQUEST FOR AMENDMENT - ATTACHMENT FACILITY OPERATING LICENSE NPF-57 HOPE CREER GENERATING STATION DOCKET NO. 50-354 By a letter dated November 25, 1991, Public Service Electric and Gas Company (PSE&G) transmitted a revised application to amend

-Appendix A of Facility Operating License No. NPF-57 in accordance with 10CFR50.90 and applications for specific exemptions from 10CFR50,-Appendix J and from 10CIR100, Appendix A. The affidavit accompanying this letter was signed but not notarized. Attached is a notarized original.

The above amendment request was supported by General Electric report, NEDC-31858P, Rev. 1. This GE document, inadvertantly not attached to our submittal, is hereby submitted, with a G.E.

affidavit requesting proprietary treatment. A non-proprietary version of the GE report is also included in this submittal.

Should you have any questions regarding this request, we will be pleased to discuss them with you.

Sincerely,

] y's adWn

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Attachments 0 g(,'u$( ka~,e ke &L I IM 22017109,;7 I 0/

c'DR OW P ADock 05000354 PDR

Document Control Desk JAN b i 1992 NLR-N91208 C Mr. T. T. Martin, Administrator USNRC Region I Mr. S. Dombek

. USNRC Licensing Project Manager Mr. T. P. Johnson USNRC Senior Resident Inspector Mr. K. Tosch, chief, Bureau of Nuclear Engineering New Jersey Department Of Environmental Protection

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REF: NIR-N91199

STNIT OF NEM JERSEY: ).

) SS.

COUNIY OF SAID4 )

Stanley LaBruna, beirg duly.v..orn acconiirg to law dqxxies ard says:-

I am Vloe President - Nuclear Operations of Public Service Electric ard Gas Campany, .and as sudi, :I find the matters set forth in our letter dated Novenber 25, 1991, concerning the Hope Creek Generatirg Station, are true.to >

' the test of my knowledge, information 'arvi belief.

A.

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., v Subscribed arxl Sh to before me

-this '/ day of 0. A w , 1993

$' fli -N Notary llbblic of 4kw Jhrecy Ell 2ABETH J. KIDD -

- Myhimaion expires on uvcr0D$,ypKNpyJyggr

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n GENERAL ELECTRIC COMPANY AFFIDAVIT -

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I, DAVID J. ROBARE, being duly sworn, depose and state as follows: -

1. :I am Manager, Plant Licensing Services, General Electric Company, and have been delegated tle function of reviewing the information described in paragraph 2 which is i a soug at to be withheld and have been authorized to apply for its withholding. ,

2. The information sought to be withheld is contained in the report entitled "BWROG Report for Increasin MSIV Leakage Rate Limits and Elimination of Leakage Control Systems," NEDC-318 8P, Rev.1, October 1991. l

3. In designating material as proprietary, General Electric utilizes the definition of aroprietary information and trade secrets ~ set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provides:

"A trade secret may co'nsist of any formula, pattern, device or compilation of information 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 b

?

lwould be difficulty in acquiring information...y Some factorsthe use to beof improperinmeans, t considered

. (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 ernployees and others involved in his busmess; (3 the extent of measures taken by him to juard the secrecy of the information;)(4) the value of th

information to him and to his cornpetitors; the amount of effort or money expanded by him developing the information; the case or difficulty with which

the information could be properly acquired or licated by others."

r 4. Some examples of categories of information which fit into the definition of Proprietary -l Information e e:

Ta.=

Information use by General thatElectric's discloses a process, competitors method without or ap?aratus license from eneralwherebrevention Electric of .

constitutes a competitive economic advantage over other companies; I

' b.~ ~ Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the apphcation of which provide a competitive c economic advcntage, e.g., by optimization or improved marketability;

. c. Information which if used by a-competitor, would redum his expenditures of f ' resources or improve his competitive position in the desin, inanufacture, shipment,-

r installation, assurance of quahty or licensing of a similar product; .

(s,

)

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G E N E R A L E L E C T R I C C O N. P A N Y

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

e. Information which reveals aspects of past, present or future General Electric customer funded development plans and programs of potential commercial value to General 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. Initial approval of proprietary treatment of a document is typically made by the Subsection Manager of the origmating component, the person who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

6. 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 authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitively effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

7. The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures nnd has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.

8. The information to the best of my knowledge and belief has consistently been held in confidence 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 regulatory provisiors of proprietary agreements which provide for maintenance of the information m confidence.

9. Public disclosure of the information 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 would provide other parties, including competitors, with valuable mformation.

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jb c-G E N E R A li E L E C T R I C C O M P A N Y STATE OF CALIFORNIA }

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y .- COUNTY OF SANTA CLARA }

7

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

That he has read the fomgoing amdavit and the matters stated therein are truly and correct to

- the best of his knowledge,information, and belief.

W Executed at San Jose, California, this 31 day of M Gthl3tR 1991.

David J. Robare General Electric Company N

Subscribed and sworn before me this @ day of Doc crn hu-,' 19 9 I.

OFFICIAL SEAL CU'p%;s. f 7

h IC3MM PAULA F. HUSSEY Notary Public, State of C411Tornia

n. f10TARY PUeuc cAtiro :-a g g-

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SANTA CLARA COUNTY My comm. expins APR 5, IE4 i,--

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