ML20090K614
| ML20090K614 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 05/21/1984 |
| From: | Zimmerman S CAROLINA POWER & LIGHT CO. |
| To: | Vassallo D Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19269A159 | List: |
| References | |
| NLS-84-221, NUDOCS 8405240280 | |
| Download: ML20090K614 (7) | |
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Carolina Power & Light Cornpany MAY 11 1984 SERIAL: NLS-84-221 Director of Nuclear Roactor Regulation Attention: Mr. D. B. Vassallo. Chief Operating Reactors Branch No. 2 Division of Licensing United States Nuclear Regulatory Corimission Washington, DC 20555 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS. I AND 2 DOCKET NOS. 50-325 4 50-324/ LICENSE NOS. DPR-71 & DPR-62 RELOAD ANALYSIS SUPPLEMENTAL RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION
REFERENCES:
1.
Carolina Power & Light Company letter f rom Hr. S. R.
Zimmerman to Mr. D. B. Vassalto (NRC) dated May 31, 1983.
2.
U. 8. NRC totter from Mr. D. B. Vassal 10 to Mr. E. E. Uttey (CP&L) dated January 17, 1984 (Docket Non. 50-325/324).
3.
Carolina l'ower & Light Company letter frem Mr. S. R.
7,immerman to Hr. D. B. Vanna110 (NRC) dated March 15, 1984 4.
Coneral Electric letter from Mr. L.,H. Quintana to Mr. J. D.
Hartin (CP&L) dated May 7,1984.
(Attachment 1)
Dear Mr. Vassallo StMHARY In a letter dated January 17, 1984 (Reference 2), Carolina Power & Light Company (CP&L) was requnsted to provido additional information concerning our boiling water reactor steady-stata analysis methods for the Brunswick liteam Electric Plant (BSEP) using the FIBWR code (submitted to the NRC as a topical report in Referenco 1). Carolina Power & Light Company supplied a partial response to this requent in a letter dated H4rch 15, 1984 (Roterence 1).
Additional information was required from General Elcetric in ordar to provido a complete response. This letter includen all information needed to respond to thu outstanding NRC questions.
niNC(18910N Enclosol is Caneral Elvetric's responen (Rotorence 4) to CP&L's requent for information. Thin document provides answers to qucations 4, 8, and 13 rained by the NRC Staff in Reforenen 2.
Qucations 4 and 13 conecrned the derivation A
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9 Mr. D. 5. Vassallo of form lose coefftetents and bypass flow models which woro used by CP&L as input and benchmark data. Queetton 8 was a request for a copy of a document containing technical data provided to CP&L by Gonoral Kloctric as part of a reload fuel proposal. Carolina Power & Light Company requested from Conoral Electric the information necessary to rospond to questions 4 and 11. and sought permisstou to forward thn document described in queetton 8.
The completo Gonoral Klectric responso is provided in Attachment 1.
An affidavit describing the proprietary basis for Attachmont 1 is provided in Attachmont 2.
Should you have any further questions, plonso contact Mr. Mark A. Turkal at (919) 816-8169.
Yours very truly,
}t tsue H. R inmorman Hanagor Nuctoar Ltconsing Section NAT/cfr (091 HAT)
Enclosure ces Mr. C. Marlinger (NRC) w/o attachmente Hr. D. Fiono (NRC) w/ attachments Mr. M. Grotenhuta (NRC)
Mr. W. Hodges (NRC) w/o attachments Mr. D. O. Hyers (NRC-RSMP)
Mr. J. P. O'Rollty (NRC-R!t)
Mr. L. Phillips (NRC) w/o attachmonts t
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f li ATTACHMENT 2 SERIAL: NLS-84-22' i
PROPRIKTARY BASIS FOR ATTACHMENT l i
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GENERAL EtECTRIC COMPANY AFFIDAVIT I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager, Nuclear Safety & Licensing Operation, 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.
i 2.
The information sought to be withheld is contained in the attached any report.
The proprietary informa-Carolina Power and Light CoogGeneral Electric Company Proprietary" tion has been designated as in the page margin.
3.
In designating material as proprietary General Electric utilizes thedefinitionofproprietaryinformatIonandtradesecretsset forth in the American Law Institute's Restatement Of Torts, Section 757.
This definition provides:
I "A trade secret may consist of any formula, pattern, device or i
compliation of information which is used in one's business and which gives him an opportunity to obtain an advantage over I
competitors who do not know or use it....
A substantial element of secrecy most exist, so that except by the use of impropermeans,therewouldbedifficultyinacqui.'inginforma-tion....
Some factors to be considered in determining whether given information is one's trade secret are:
(1)theextentto 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 measures taken by him to guard the secrecy of the information; (4) the value of the informa-tion to him and to his competitors; (5) the amount of effort or money expended by him in develosing the information; (6) the ease or difficulty with which tie information could be properly acquired or dupitcated by others."
4.
Some examples of categories of information which fit into the definition of proprietary information are:
a.
Information that discloses a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive eco-nomic advantage over other companies; b.
Information consisting of supporting data and analyses, includ-ing test data, relative to a process, method or apparatus, the application of which provide a coepetitive economic advantage, e.g., by optimization or improved markatability; 1
i 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, assurance 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 l
Electric,Itscustomersorsuppliers; e.
Information which reveals aspects of past, present or future General Electric customer funded development plans and programs 4
of potential commercial value to General Electric; j
i f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; j
g.
Information which General Electric must treat as proprietary according to agreements with other parties, l
5.
In addition to proprietary treatment olven to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been subjecttecompleteproprietary,technicalandeditorialreview.
This practice is based on the fact that draft documents often do not
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appropriately reflect all aspects of a problem, may contain tenta-i tive conclusions and may contain errors that can be corrected during i
normal revier and approval procedures.
Also, untti the final document is completed it may not be possible to make any definitive determination as to its proprietary nature.
General Electric is not generally willing to release such a document to the general public in such 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 pubile interest for the staff to be promptly furnished with significant or poten-tially significant information.
Furni.hing the document on a confidential basis pending cor,ipletion nf General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprietary position and iarmitting General Electric to insure the pub 11c documents are technically accurate and correct.
6.
Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component the man most IlkelytobeacquaintedwiththevalueandsensitivItyofthe information in relation to Industry knowledge.
Access to such documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprie-tary.
7.
The procedure for approval of external release of such a document is Princiaal reviewedbytheSectionManager,ProjectManager$octionianagerof Scientist or other equivalent authorlty, by the thecognizantMarketingfunction(orhisdelegate)andbytheLegal 2
I Operation for technical content, competitive effect and deter-mination of the accuracy of the proprietary designation in accord-ance with the standards enumerated above.
Disclosures outside General Electric are generally limited to regulatory bodies.
customers and potential customers and their agents, suppliers and j
licensett only in accordance with appropriate regulatory provisions i
or proprietary agreements.
8.
The document mentioned in paragraph 2 above has been evaluated in i
accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily
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held in confidence by General Electric.
9.
The information mentioned in Paragraph 2 provides detail dasign data i
developed at General Electric cost for General Electric fuel which l
1s used in core and fuel thermal-hydraulic performance evaluations.
it.is information is considered as proprietary by General Electric.
10.
The information to the best of my knowledge and belief, has con-sistently been held in confidence by the General Electric Company, no pubile disclosure has been made, and it is not available in public sources.
All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
11.
Public disclosure of the information sought to be withneld is likely to cause substantial harm to the competitive position of the General Electric Companv and deprive or reduce the availability of i
profit making opportunities because:
a.
It was developed with the expenditure of resources exceeding
$1,000,000, b.
Public availability of this information would deprive General Electric of the ability to seek reimbursement, would permit competitors to utilize this information to General Electric's detriment and would impair General Electric's ability to maintainItcensingagreementstothesubstantialfinancialand competitive disadvantage of General Electric.
c.
Public availability of the information would allow foreign including competing 8WR suppliers, to obtain core competitors,ign information at no cost which General Electric and fuel des developed at substantial cost.
Use of this information by foreign competitors would give them a competitive advantage over General Electric by allowing foreign competitors to produce their containments at lower cost than General Electric.
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STATE OF CALIFORNIA
) ss COUNTY OF SANTA CLARA
)
Glenn G. Sherwood, 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 4 day of March
, 1983.
/- Lal Grenn G'.'St'erwood
~
General Electric Company Subscribed and sworn before me this 4 day of March 1983.
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