ML20099B408
| ML20099B408 | |
| Person / Time | |
|---|---|
| Site: | 05200001 |
| Issue date: | 07/20/1992 |
| From: | Klapproth J GENERAL ELECTRIC CO. |
| To: | Rosalyn Jones Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19303E966 | List: |
| References | |
| JFK92-020, JFK92-20, MFN-142-92, NUDOCS 9207310136 | |
| Download: ML20099B408 (5) | |
Text
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ided to the Staff by September 30,1992. It is also understood that final resolution of this issue will be contingent upon utility confirmation that the S!L 347 recommendations have been implemented.
Information contained in the enclosure is of the type which General Electric maintains in confidence and withholds from public disclosure. It has been handled and classified as proprietary by General Electric as indicated in the attached affidavit. 'n hereby request that it be withheld from public disclosure in accordance with the provisions of 10CFR2.790.
Please contact me or Gary Jones of my staff on (408)9251516 if you have any questions on this issue.
Sincerely,.
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- J. F. Klapproth l Fuel Licensing Manager (403)925-5434 cc:
LS. Gifford G.G. Jones P.W. Marriott J.E. Wood i
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General Eledric Company AFFIDAVIT J
l 1, Robert C. Mitchell, being duly sworn, depose and state as follows:
1, I am Manager, Safety, Environmental and Quality Assurance, Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be withheld from public disclosure and have been authorized to apply for its with-holding.
2.
The information sought to be withheld is the material presented to the Reactor Systems 13 ranch of the Nuclear Regulatory Comission at the June 26,1992 meeting concerning the rotated fuel bundle evaluation.
3.
In designating material as proprietary, General Eieetric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Sectior,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 informatien... Some factors to be considered in deterraining ivhether given informatian 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 euent 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-pended by him in developing the information; (6) the case or difficulty with which the mlormation could be properly acquired or duplicated by others."
4.
Some examples of categories ofinformation which fit into the definition of proprietary afor-mation are:
Information that disclosed a process, method or apparatus where prevent on of its use i
a.
by General Electrie's competitors without license from General Electric constitutes a n
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; Information which, if used by a competitor, would reduce his expenditure of resources c.
or imnrove his competitive position in the design. manufacture, shipment, installation, assurance of quality or licensing of a similar product; d.
Infm mation which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers;
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Information whien reveals aspects of past, present or future General Electric cus-p tomer funded development plans and programs of potential commercial value to Generru Electric; f.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; g.
'nformation 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 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 documerits within the Company is limited on a "need to know" basis and such documents are
- clearly identified as [iroprietary.
L 6.
The procedure for approval of external release of such dccumentation typically requires review by the Subsection Manager,- Project manager, Principal Scientist or other equivalent authority, bi <he Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the ac.
curacy 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, and then only with appro-priate protection by applicable regulatory provisions or proprietary agreements.
7.
The documentation 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 propri-F
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ctary and which is customarily held in confidence by General Electric.
R The information to the best of my kni>wledge 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 dlsclosures to third parties have been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the infor-(
mation in confidence.
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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 red"ce the
- availability of profit niaking opportunities because it would provide other parties, including t
competitors, with valuable information reprding current General Electric fuel designs which
- were obtained at considerable cost to the General Electric Company.
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l Affidavit
- STATE OF CALIFORNIA
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. COUNTY OF SANTA CLA RA ) 88
- 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 Tot Y' 1992.
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Robert C. Mitchell General Electric Company f
- Subscribed and sworn before me thisM; ' day of <Mtis 1992.
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PAULA F. HUSSEY F
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