ML20101C473

Forwards Proprietary & Nonproprietary Apparent Test Results Rept for Four Helium Tests & Two tie-back Tests.Proprietary Repts Withheld Per 10CFR2.790.Affidavit Encl

ML20101C473
Person / Time
Site:	05200004
Issue date:	03/14/1996
From:	Quinn J GENERAL ELECTRIC CO.
To:	Quay T NRC (Affiliation Not Assigned), NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19355C777	List: ML20101C473 ML20101C485 ML20101C495 ML20101C505
References
MFN-038-96, MFN-38-96, NUDOCS 9603180322
Download: ML20101C473 (9)

Text

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l GENucleerEnergy J. E. Quinn, Pro' s Manager GeneralElectn'c Company LMR and SB Programs 175 Curtner Avenue, M/C 165 San Jose. CA 95125-1014 408 9251005 (phone) 408 925-3991 (facsimile)

March 14,1996 MFN 038-96 Docket 52-004 Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 Attention: Theodore E. Quay. Director Standardization Project Directorate

Subject:

SBWR - GIRAFFE HELIUM TESTS APPARENT TEST RESULTS REPORTS (ATRs) Proprietary & Non-Proprietary and DATA TRANSMITTAL for TESTS 113 & H4

Reference:

1. Letter from J.E. Quinn (GE) to T.E. Quay (NRC), SBWR - Updated Status of Test Documentation Submittals, MFN 125-95, July 24,1995

2. Letter from J.E. Quinn (GE) to T.E. Quay (NRC), SBWR - Data Transmittal for GIRAFFE Helium Tests HI & H2, MFN 018-96, February 15,1996 The attachments to this letter supply the Apparent Tests Results (ATR) Reports (Proprietag and Non-Proprietary) for the four helium tests and the two tie-back tests. In addition, this letter supplies the electronic test data for the GIRAFFE Helium Tests HS & H4. This transmittal satisfies item numbers 29,31,33 and 34 of Reference 1.

The test results for each instrument are provided in the attached four computer disks.

Attachment I to this letter provides a list of the instruments included on each computer disk.

Tables and figures which describe the instruments and show their exact location in the GIRAFFE test facility in Kawasaki City, Japan were airc ady provided in Attachment 2 of Reference 2.

Please note that the Apparent Test Results Reports and the computer disks contain information of the type which the General Electric Company (GE) and its associates maintain in confidence and withhold from public disclosure. The information has been handled and classified as proprietag to GE and its associates as indicated in the attached affidavit. We hereby request that this information be withheld from public disclosure in accordance with the provisions of 10CFR2.790. The proprietag information is delineated by a "GE PROPRIETARY" stamp on the applicable pages and a line in the right hand margin to indicate the Proprietag material.

Should you have any questions concerning the attachments please contact Maryan:2 Herzog of our staff on 408-925-1921.

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Attachments: GIRAFFE Test ATR for Tests HI & 2, GENE-T1500013-001 & 00lP GIRAFFE Test ATR for Tests H3 & 4 GENE-T1500013-002 & 002P GIRAFFE Test ATR for Tests Tl & 2, GENE-T1500013-003 & 003P GIRAFFE Helium Tests H3 & H4 Data Computer Disks (4)

Attachment 1: Tests H3 & H4 Data Transmittal File Contents cc: P. A. Boehnert (NRC/ACRS) (2 paper copies ofletter & ATRs plus E-Mail)

1. Catton (ACRS) (1 paper copy of letter & ATRs plus E-Mail)

S. Q. Ninh (NRC) (2 paper copies ofletter & ATRs plus E-Mail)

J. H. Wilson (NRC) (1 paper copy ofletter & ATRs plus E-Mail)

D. Scaletti (NRC) (1 paper copy of letter & ATRs plus E-Mail)

A. Drozd (NRC) (1 paper copy of letter, ATRs & computer disks plus E-Mail)

GENucientEnergy MFN 018-%

bec: (E-Mail of transmittal letter only except as noted)

J. A. Beard R. H. Buchholz T. Cook (doe) (2 paper copies of letter & ATRs plus E-Mail)

R. T. Fernandez (EPRI)

J. N. Fox P. C. Hecht M. Herzog J. E. Leatherman J. E. Quinn T. J. Mulford (EPRI) (2 paper copies ofletter & ATRs plus E-Mail)  ;

F. A. Ross (doe) ,

B. Shiralkar l R. Frinivasan (EPRI)

J. E. Torbeck )

j S. Yokobori (Toshiba) (1 paper copy ofletter, ATRs and computer disks) l GE Master File (1 paper copy ofletter and ATR plus E-Mail)

SBWR Project File (1 paper copy ofletter and ATR plus E-Mail) l

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1

1 General Electric Company

AFFIDAVIT I, Joseph F. Quirk, being duly sworn, depose and state as follows

, (1) I am Joseph F. Quirk, Project Manager, ABWR Certification, General Electric Company 2 ("GE") and have been delegated the function of reviewing the information described in 4

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. This information is contained

! in the proprietary electronic file copy of the SBWR GIRAFFE Helium tests H3 & H4

data on four computer disks and the proprietary Apparent Test Results reports for GIRAFFE Helium Tests H1, H2, H3, H4, T1 & T2: GENE-T1500013-001, GENE-T1500013-002 and GENE-T1500013-003. The computer disks are labeled with a proprietary marking. The proprietary information in the Apparent Test Results Reports are delineated by bars marked in the margin adjacent to the specific material.

(3) In making this application for withholding of proprietary information, 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

. NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here 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 definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GE's competitors without license from GE 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; U:\SBWR-BB\stdamd. doc Amdavit Page 1

. . . - _ - - . - - - - - . - . ..~. .. -- . .---- - . _ .. .-

i i 1 i l l c. Information which reveals cost or price information, production capacities, budget i j levels, or commercial strategies of GE, its customers, or its suppliers; i

d. Information which reveals aspects of past, present, or future GE customer-funded j development plans and programs, of potential commercial value to GE;

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

l The information sought to be withheld is considered to be proprietary for the reasons set j 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 l l 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 j belief, consistently been held in confidence by GE and its associates, no public disclosure j 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 l 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 are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and l 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 detailed results of the Simplified Boiling Water Reactor (SBWR) tests. GE is under contract to the Department of Energy (DOE) for development of the SBWR. This SBWR test program has been under development by GE and its associates for more than seven years at a total program cost of tens of millions of dollars. A substantial effort has been expended by GE and its associates to develop this information in support of DOE and the SBWR program.

U:\SBWR-BB\stdaffid. doc Affidavit Page 2

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1 s (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 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 and includes development of the expertise to determine and apply the appropriate evaluation process.

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 testing and an evaluation process, and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GE's competitive advantage will be lost if its competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

l The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their having been I

required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seck an adequate return on its large investment in developing these very valuable analytical tools.

l l

U:\SBWR-BB\stdamd. doc Amdavit Page 3

STATE OF 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 l day of 1996.

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Jis iphlF. Quirk' ~

Ghieral Electric Company Subscribed and sworn before me this } N day of T (#rch 1996.

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l PAULA F. HUSSEY (1 h ,

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l Not de SANTA CLARA COUNTY m SI r

Nolary Public, State of Califo@a My Comm. bs*es DEC 1.1M8 v - - - - , , , - -

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U:\SBWR BB\stdaffid. doc Affidavit Page 4

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ATTACHMENT 1 to MFN-038-96 SHEET 1 of 2 l l l l GIRAFFE HELIUM TEST H3 RESULTS l l l l [ l DATA TRANSMITTAL FILE CONTENTS I I I I I I I Floppy File Name Instruments included in this File Disk No. l l l l Units: MPa 1 PT H3.TXT PTR 01 lPTD 01 l PTS 01 lPTG 01 PTP 01 Units: m DPR 01 lDPR 04 lDPR 06 lDPR 07 DPR 12 Units: m DPS01 DPS02 DPS07 DPSO4 DPS08 DPD02 DPG 01 DPP01 DPP02 DPP03 1 Units: kPa DPS06 lDPR13 DPP 04 DPP 06 l

Units: 1/ min Units:kg/s Units:MPa Units:kPa l

FT-GD1 lFT-PC1 FT-PC2 PTL 12 DPL 12 I Units: Volts VMH01 VMD 01 VMD02 VMS01 VMS02 VMS03 VMG 01 Units: kW RPV Pow I l l l Units: Degrees Kelvin 2 TE_H3.TXT TER 01 TER02 TER 03 TER 04 TER 05 TER 06 TER 07 TED 01 TED 02 TED 03 TED 04 TED 05 TED 06 TED 07 TED 31 TED 32 TED 33 TES01 TES02 TES03 TESO4 TES05 TES06 TES07 TES08 TESO9 TES 10 TES 11 TES 12 TES 13 TES 19 8

TEG 01 TEG02 TEG 03 l

TEP 01 TEP02 TEP 03 TEP 04 TEP 05 TEP 06 TEP07 TEP08 TEP09 TEP 10 TEP 11 TEP 12 TEP 13 TEP 14 TEP 15 TEP 16 TEP 17 TEP 18 TEP 19 TEP 20 TEP 21 TEP 22 TEP 23 TEP 24 TEP 25 TEP 26 TEP 27 TEP 28 TEP 29 TEP 30 -

J TEP 31 TEL 11 TEL 12 TEL 21 TEL 31 TEL 32 TEL 41 I

TEL 42 ITEL 81 TEL 82 .TEL 91 TEA 01

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ATTACHMENT 1 to MFN 038-96 SHEET 2 of 2 I I I I GIRAFFE HELIUM TEST H4 RESULTS l l l l I

DATA TRANSMITTAL FILE CONTENTS I I I I I I I Floppy File Name instruments included in this File Disk No. l l l l Units: MPa 1 PR_H4.TXT PTR 01 lPTD 01 l PTS 01 PTG 01 PTP 01 Units: m l DPR01 lDPR 04 lDPR 06 _ DPR07 DPR 12 DPD02 Units: m DPS01 DPS02 DPS07 DPSO4 DPS08 DPG 01 DPP01 DPP02 DPP03 Units: t/ min Units: kPa FT-PC1 lFT-GD1 DPR 13 DPS 06 DPP 04 DPP 06 Units: Volts VMH01 'VMD01 lVMD 02 VMS01 VMS02 VMS03 VMG 01 RPV Pow (kW) l I Units: Degrees Kelvin 1 GFR_H4.TXT TEN 02 TEN 03 TEN 04 TEH 01 Units:SLM Units:MPa Units:kPa Units:kg/s FT-HE1 PTL 12 DPL 12 FT-PC2 I l l l Units: Degrees Kelvin 1 TE1_H4.TXT TER 01 TER02 TER 03 TER 04 TER 05 TER 06 TER 07 l l l l Units: Degrees Kelvin 2 TE2_H4.TXT . TED 01 TED 02 TED 03 TED 04 TED 05 TED 06 TED 07 TED 31 TED 32 TED 33 TES01 TES02 TES03 TESO4 TES05 TES06 TES07 TES08 TESO9 TES 10 TES 11 TES 12 TES 13 TES 19 TEG 01 TEG02 TEG 03 TEP 01 TEP02 TEP 03 TEP 04 TEP 05 TEP 06 TEP 07 TEP 08 TEP 09 TEP 10 TEP 11 TEP 12 TEP 13 TEP 14 TEP 15 TEP 16 TEP 17 TEP 18 TEP 19 TEP 20 TEP 21 TEP 22 TEP 23 TEP 24 TEP 25 TEP 26 TEP 27 TEP 28 TEP 29 TEP 30 TEP 31 _

TEL 11 TEL 12 TEL 21 TEL 31 TEL 32 TEL 41 TEL 42 TEL 81 TEL 82 TEL 91 TEA 01