ML20091K580
| ML20091K580 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 08/22/1995 |
| From: | Quinn J GENERAL ELECTRIC CO. |
| To: | Quay T NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19330G230 | List: |
| References | |
| ACRS-GENERAL, MFN-164-95, NUDOCS 9508280081 | |
| Download: ML20091K580 (15) | |
Text
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O GENuclearEnergy Y165 San Jose, CA 951251014
'LMRa B
5C n
408 925-1005 (phone) 408 925-3991(facsimile)
' August 22,1995 MFN 164-95 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 - Proprietary Handouts From August 21 & 22,1995 NRC-ACRS-GE Meeting In San Jose, CA Enclosed are the proprietary handouts presented by GE during the August 21 and 22,1995 NRC-ACRS-GE Meeting in San Jose, CA. The non-proprietary handouts are supplied under a separate cover letter. Non-proprietary discussions of the SBWR Test and Analysis Program Description in contained in GE Licensing Topical Report NEDO-32391.
Please note that these handouts contain information of the type which GE and its associates maintain in confidence and withhold from public disclosure. They have been handled and classified as proprietary to GE as indicated in the attached affidavit. We hereby request that t
this information be withheld from public disclosure in accordance with the provisions of 10CFR2.790. The handout pages with proprietary information are specifically identified as proprietary.
Sincerelyf,.-- -
/ :>' ff jg,.p Aarnes EcQuinn,gfrojects Manager
Enclosure:
Proprietary Harviouts From August 21 & 22,1995 NRC-ACRS-GE Meeting In San Jose, CA 250033 Mo4 9508280091 950822 PDR ADOCK 05200004 i/
A PDR
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GENuclearEnergy MFN 164-95 cc:
P. A. Boehnert
-(NRC/ACRS) (2 paper copies w/ encl. plus E-Mail w/ encl.)
I. Catton (ACRS)
(1 paper copy w/ encl. plus E-Mail w/ encl.)
S. Q. Ninh (NRC)
(2 paper copies w/ encl. plus E-Mail w/ encl.)
J. II. Wilson (NRC)
(1 paper copy w/ encl. plus E-Mail w/ encl.)
i
General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:
(1) I am Project Manager, General Electric Company ("GE") 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) GE is an owner of the information sought to be withheld. The information sought to be withheld is the GE Proprietary version of the handouts presented during the August 21 and 22,1995 NRC-ACRS-GE meeting in San Jose, CA. Pages containing proprietary information are specifically identified as proprietary.
(3) In making this application for withholding of proprietary infonnation, 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 N* C regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and d
commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here l
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, Critical Mass Energy Project v.
Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA,704F2d1280 (DC Cir.1983).
(4) Some examples of categories of information which fit into the def~mition of proprietary information are:
l a.
Information that discloses a process, method, or apparatus, including supporting l
data and analyses, 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 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; Affidavit Page 1
y 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 Legal 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 PANTliERS/PCC test resuhs, TRACG Qualification Containment Analysis results, GIRAFFE-Toshiba Test results, scaling information on SBWR Testing, and j
PANDA test results.
The SBWR TRACG and Testing programs have been under development by GE and it associates for more than seven years at a total program cost of 4
tens of millions of dollars. A substantial effort has been expended by GE and its associates to perform and evaluate tests, perform TRACG qualification analyses for the Afridavit Page 2
tests, perform scaling analyses to ensure the validity of the tests, and test and evaluate the SBWR vacuum breaker design.
(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 analyze the facilities, and determine, scale and evaluate 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 clea:iy is substantial.
GE's and its associates' competitive advantage will be lost if their competitors are able to use the testing and code qualification of the GE and its associates to determine or 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 and analyses.
The value of this information to GE and its associates would be lost if the information were disclosed to the public. Making such information available to 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 these very valuable testing and qualification programs.
i l
i e
Affidavit Page 3 1
C:
STATE OF CALIFORNIA
)
)
ss:
COUNTY OF SANTA CLARA
)
George B. Stramback, 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 2Diw6 day of
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1995.
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' ' Geofge ~B.4tramback
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General Electric Company Subscribed and sworn before me this cLkt day of 1995.
O F
W/
otary Public, State of Cali JUUE A.CURTS COMM #974657 g
-i Notary Putge - Colifornia SANTA Ct. ARA COUNTY
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My Comm. Erpires $EP 30,1996 Affidavit Page 4
O GE Nuclear Energy i
SBWR GE/NRC/ DOE /EPRI - Containment Meeting PANTHERS /PCC Test Results Containment TRACG Analysis GIRAFFE TestIssues 1
August 21 & 22,1995
Participants Name Agency Phone A. Drozd NRC 301-415-J. Kudrick NRC 301-415-S. Ninh NRC 301-415-1125 E.Condon DOE 301-903-K. Vijaijan DOE T. Mulford EPRI 415-855-T. Fernandez EPRI 415-855-J. Quinn GE 408-925-1005 R. Buchholz GE 408-925-4584
i Participants, continued Name Agency Phone P. F. Billig GE 408-925-1388 J.D.Duncan GE 408-925-6947 J. R. Fitch GE 408-925-6148 B. S. Shiralkar GE 408-925-6889 M. Herzog GE 408-925-1921 H. A. Upton GE 408-925-1474 J. L Thompson GE 408-925-1798 R. E. Gamble GE 408-925-3352 J. E. Torbeck GE 408-92506101 G.:A. Wingate GE 408-925-1073
i Participants, continued Name Agency Phone J. E. Leatherman GE 408-925-2023 K. T. Schaeler GE 408-925-2443 P. Novak GE 408-925-
f Arrangements Meeting location (August 21 & 22,1995):
GENuclear Energy 175 Curtner Avenue San Jose, California Building J Room.11010 Contacts:
John Leatherman 408-925-2023 Kurt Schaefer 408-925-2443
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Agenda Monday morning, August 21,1995, Room J1010 8:30
Introductions
8:45 Discussion on of any deviations in the PANTHERS /PCC test matrix PFB(JRF/BSS/ JET) 9:15 Tests review:PFB(JRF/BSS/ JET)
Instrumentation: location, calibration and failures (ifany)
Data processing and storage Presentation of results:
applicability of SBWR transient analysis helium test results:results and discussion 11:45 Lunch (GE Cafeteria)
t l
Agenda Monday afternoon, August 21,1995, Room J1010 12:45 Discussion ofplanned objectives and achieved goals with respect to TRACG qualification and the SBWR certification process JRF(BSS/ JET) comparison with 1-tube correlation TRACG calculations and comparisons 4:00 Review / collect Open items from first day JDD t
t 5:00 End of first day of the meeting 4
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f Agenda Tuesday morning, August 22,1995, Room J1010 8:30 Comments / clarifications of first day of meeting JDD 8:45 Continuation of discussion of PANTHERS /PCC results PFB(JRF/BSS/ JET) 10:00 GIRAFFE audit / inspection follow-up discussion MH(PN/NB/ JET)
VB cycling Effect of microheaters Results of the lighter than air tests and in particular, the air samples from the four tests, and whether the VB actuated 11:45 Lunch (GE Cafeteria)
.~.
8 Agenda Tuesday afternoon, August 22,1995, Room J1010 l
12:45 Status of the SBWR vacuum breakerissue HAU(JLT) 1:30 Discussion of scaling: REG (BSS)
GIRAFFE (core po wer, heat losses, PCC sizing)
PANDA (general) 3:00 Break 3:30 Review of open issues from the two days of meetings JDD 5:00 End of meeting t
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