ML20100P965

Forwards Proprietary NEDC-30032 Joint Study Final Rept - Joint Study W/Regard to 'Study (II) Related to Advanced Bwr' - Thermal Margin During Rapid Coastdown,820401-830331. Rept Withheld

ML20100P965
Person / Time
Site:	05000605
Issue date:	01/31/1992
From:	Marriott P GENERAL ELECTRIC CO.
To:	Pierson R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19344C294	List: ML20100P965
References
EEN-9211, NUDOCS 9202040413
Download: ML20100P965 (4)

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January 31,1992 h1FN No.024 92 Docket No. STN 50-605 EEN 9211 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20535 Attention: Robert C. Pierson, Director Sta idardization and Non Power Reactor Project Directorate

Subject:

Request for Documentation Supporting Resolution on the Trip of all Reactor Internal Pumps Issue Enclosed is one copy of a document pertaining to the thermal margin during rapid coastdown of the ADWR. This document is provided by GE in support of the reclassification of the trip of all reactor internal pumps event.

Because of the bulk of this document, only one copy has been provided. This document will be used only by a few individuals at the NRC. ,

The enclosed document contains information that is designated as General Electric Company proprietary information and included is the corresponding proprietary af fidavit.

Sincerely,

/ N P.W. hiadiott, hianager Regulatory and Analysis Services hi/C 382, (408) 925 6948 cc: F. A. Ross (DOE) w/o"enclosure N. D. Fletcher (DOE) "

C. Postusny, Jr. (NRC) "

bl. P. Rubm (NRC) "

R. C. Berglund (GE) "

J. F. Quirk (GE)

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D ADOCK 05000605

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t General Electric Comimny i

AFFIDAVIT i l

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i I, flobert C. Mitchell, being duly sworn, depose and state as follows:

1. I am Manager, Safety, Environmental & Quality Assurance, 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 is General Electric .cport NEDC 30032, March 1983,

" Joint Study with llegard to ' Study (11) llelated to Advanced lloiting Water lleactor',

Thermal Margin During Rapid Coastdown April 1,1982 through March 31,1983".

3. In designating material as proprietary, General Electrie utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's nestatement of Torts, Section 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 de 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.... Sorne 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 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-panded by him in developing the information; (6) the case or difficulty with the 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 infor-mation are:

a. Information that disclosed a process, method or apparatus 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 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;

e. Information which if used by a competitor, would reduce his ex penditure of resources or l improve his competitive positior, in the design, manufacture, shipment, installatica, as-surance 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 Electric, its customers or suppliers; Affiavn l' age 1 l

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e. Information which reveals aspects of past, present or future General lilectric cus-

• tomer funded development plans and programs of potential commercial value to Gen- ,

eral filectrie:  ;

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. In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence pre.iminary and draft material l which has not been subject to complete proprietary, technical and editorial review.This prac.

tice 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. Als1, until the final document is complete it  :

4 may not be possible to make any definitive determination as to its pro,rietary nature. Gen-eral Electric is not generally willing to release such a document in suci a preliminary form.

Such documents are, however, on occasion furnished to the NitC staf f 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 lilectric's internal review permits early acquaintance of the staff with the information while protecting General Elev '

tric's potential proprietary position and permitting General lilectric to insure the public doc.

uments are technically accurate and correct.

6. 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 u industry knowledge. Access to such docut <

ments within the Comparyy is limited on a "need to know" basis and such documents are clearly identified as proprietary.

7. The procedure for approval of external release of such a document ty iically requires review by the Subsection Manager, Project manager, Principal Scientist or et ier equivalent aut!.or-ity, by the Subsection Manager of the cognizr.nt Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enum_erated aNwe. Disclo-sures outside General Electric are generally limited to regulatory bodies, customers and po.

tential customers and their agents, suppliers and licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietary agreements.

8. The document mentic,ned 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-etary and which is customarily held in confidence by General Electric.

9. The information to the best of my knowledge 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 disclosures to third parties have been made pursuant to regu-latory provisions or proprietary agreements which provide for maintenance of the informa.

tion m confidence.

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10. The document mentioned in paragraph 2 above is cla.ciled as pioprietary because it contains details of Gli design which are not available to other parties, 'the information is of a type customarily held in confidence by GE since it reveals valuable design information obtained at considerable expense to Gli STATil 01:CALIFoltNIA )

COUNTY OF SANTA Cl AllA )""

Itobert C. Mitchell, being duly sworn, deposes and says:

1 hat he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Exceuted at San Jose, California, this _31 day of Ty v3 M 1992.

C.Sb 00X (obert C. Mitchell General Illectric Company

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Subscribed and sworn before me this 3' # day of 1 as4<r 1992.

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MARY L FENDALL Nota 0 P5blic-Diillfornia M 4 Notwy PutdcCrutomia Santa Clara County k *,4 '

,1 CANTA CLARA COUNTY My Comm. Esp. Ma. 26,1993 Afridavit l' age 3

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