ML20092K076

Forwards Proprietary, Evaluation of Proposed Mods to Gessar II Design, in Response to NRC 840413 Request for Addl Info Re Severe Accident Review.Affidavit Requesting Info Be Withheld (Ref 10CFR2.790) Also Encl.Rept Withheld

ML20092K076
Person / Time
Site:	05000447
Issue date:	06/21/1984
From:	Quirk J GENERAL ELECTRIC CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19269A290	List: ML20092K076
References
MFN-085-84, MFN-85-84, NUDOCS 8406280036
Download: ML20092K076 (5)

Text

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GENERAL $ ELECTRIC NUCLEAR POWER systems DMslON GENERAL ELECTRIC COMPANY e 175 CURTNER AVENUE

• SAN JOSE, CAUFORNIA 95125 M/C 682, (408) 925-2606 .- j. MFN-085-84 June 22, 1984 U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555 Attention: Mr. D.G. Eisenhut, Director Division of Licensing

SUBJECT:

IN THE MATTER 0F 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)

DOCKET N0. STN 50-447 SUBMITTAL OF PROPRIETARY INFORMATION IN RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING SEVERE ACCIDENT REVIEW 0F CESSAR II

Reference:

C.0. Thomas (NRC) letter to G.G. Sherwood (GE), " Request for Additional Information Regarding Severe Accident Review of GFSSAR II," April 13, 1984 The reference letter requested additional information regarding the severe accident portion of GE's GESSAR II submittal. The information requested involved evaluations of specific potential design improvements including consideration of their risk reduction capability and cost / benefit assessment. Attached please find the report " Evaluation of Proposed Modifications to the GESSAR II Design" (NEDE-30640) which provides the requested information. Appendix A of the report includes a "

conceptual design and preliminary evaluation of the proposed Ultimate Plant Protection System (UPPS).

We are requesting that the attached information be withheld from piiblic disclosure and considered as proprietary pursuant to Section 2.730 of 10CFR Part 2.

Very truly yours,

. u rk, Manager a j q  : Systems Licensing lear Safety & Licensing Operation GMp (p( "

P g g g

Attachment 8

'I dT79) cc: F.J. Miraglia (NRC) R. Villa (GE)

C.0. Thomas (NRC) A. Thandani (NRC)

D.C. Scaletti (NRC) L.S. Gifford (GE-Bethesda) 8406290036 840621 PDR ADOCK 05000 4

O GENERAL ELECTRIC C0MPANY AFFIDAVli I, Joseph F. Quirk, being duly sworn, depose and state as follows:

1. I am Manager, BWR Systems Licensing, 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.

2. The information sought to be withheld pertains to the proprietary information submitted in the report " Evaluation of Proposed Modifications to the GESSAR II Design (NEDE-30640)."

3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade s'ecrets 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 information which is used in one's business and which give:: 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 measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with 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 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 compet-itive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or appara-tus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

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c. Information which if used by a competitor, would reduce his i expenditure of resources or improve his competitive position  !

in the design, manufacture, shipment, installation, assurance  !

3- of quality or licensing of a similar product,  ;

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. d .- Information which reveals cost or price information, i

production capacities, budget levels or commercial strategies i

.of General Electric, its customers or suppliers; 3

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; r

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f. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;

g. Ir. formation which General Electric must treat as proprietary

-according to agreements with other parties.

-5. In addition to proprietary treatment given to material meeting the standards enume*ated above, General Electric customarily maintains

in confidence preliminary and draft material which has not.been subject to complete proprietary, technical and editorial review.

This practice.is based on the fact that draft documents often do not appropriately reflect all aspects of a problem, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures. Also, until 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 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 Electric's potential proprietary position and permitting General Electric to insure the public 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 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 at all times are clearly identified as proprietary.

7. The procedure for approval of external release of such a document

.is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delesate) and by the Legal Operation for technical content, competitive effect and

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' he L. . g A determination of the accuracy of the proprietary designation in p .accordance with the standards enumerated above. Disclosures

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outside General Electric are generally limited to regulatory

-bodies, customers and potential cust.omers.and their agents,

. . suppliers and licensees only in accordance with appropriate regulatory-provisions or proprietary agreements.

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

E _9.- The.information mentioned in paragraph 2 provides additional

.information concerning potential design changes and makes use of d

- the GESSAR II Probabilistic Risk Assessment contain in Section 15D.3 of the.GESSAR II submittal. In addition, cost analyses of

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potential design changes are included in the report mentioned in i- paragraph 2.

-10. .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 publi_c 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 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 opportureities because:

h a. It with the Probabilistic Risk Assessment information which it utilizes was developed with the expenditure of resources exceeding $500,000.

.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 l detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial finai.

i n and i competitive disadvantage of General Electric.

-c. Public availability of the information would allow competitors, including competing BWR suppliers, to obtain information at no cost which General Electric developed at substantial cost.

s s

O STATE 0F CALIFORNIA ) ss.

COUNTY OF SANTA CLARA )

Joseph F. Quirk, 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 2/ day of hint 198[.

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Josfr 1 F. 'Quffk' Gerbal Electric Company Subscribed and sworn before me this .2/' day of V

bc , 198j.

-0 'R). Jf!,an NOTARY PUBLIC, STATE OF CALIFORNIA

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OFFICl,sL SEAL t , RUTHE M KINNAMON

fJOTARY PUBLIC

• CAltTORNIA YD'

'*'" SANTA CLARA C0JNTY My comm. expires APR 26, 1903 ,

--v~ . - - . . . -mx 175 Curtner hw * , Saa hie, CA 95125