ML20101L710
| ML20101L710 | |
| Person / Time | |
|---|---|
| Site: | 05200001 |
| Issue date: | 07/02/1992 |
| From: | Robare D GENERAL ELECTRIC CO. |
| To: | Mcknight J NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML19344C406 | List: |
| References | |
| MFN-143-92, TAC-M81253, NUDOCS 9207070257 | |
| Download: ML20101L710 (5) | |
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GE Nuclear Energy
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MFN-143-92 mn o
July 2, 1992 ff, col-Document control Desk U.S. Nuclear Regulatory-Commission Washington, D.C.
20555 Attentiont James C. McKnight, Document Control Desk
SUBJECT:
RE8PONSE8 TO ISSUES RAISED BY THE ADVISORY COMMITTEE ON REACTOR 8AFEGUARDS REGARDING GENERIC BOILING WATER REACTOR POWER UPRATE PROGRAM (TAC NO. M81253)
Reference:
US NRC June 3',
1992 letter to General Electric (David Robare), same subject Enclosed are (4) copies of GE responses to NRC questions in the reference letter.
Please note that_these responses are of a proprietary nature.
Sincerely, 1
L David J. Robare,llanager Plant Licensing Sorvices cc:
Leah Trempe/ (w/o attach)
Office of the Controller License' Fee and Debt Collection Branch Robert Stransky (10 cc's)
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9207070257 9'0702 l 0 PDR-ADOCK 03200001
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GENERAL ELECTRIC COMPANY AFFIDAVIT I, DAVID J. ROBARE, being duly sworn, depose and state as follows:
1.
I am H nager, Pl:nt Licensing Services, General Electric Company, and have been delegated the function of reviewing the information dercribed 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 contained in General Electric letter MFN+143 92 from David J. Robare to US NRL, dated July 2,1992, response to issues raised by the Advisory Committee on Reactor Infeguards regarding generic Boiling Water Reactor Power Uprate Program (TAC No M81253). GE Proprietary portions are identifiable by the "GE Proprietary Information" designation at the top of the page.
3.
In designating material as proprietary, General Electric utilizes tne definition of proprietary information and trade secrets 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 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 wou1 > be difficulty in acquiring information...Some factors to be considued 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 expanded by him 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 corstitutes 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 econcmic advantage, e.g.,
by optimization or improved marketability;
t GENERAL ELECTRIC COMPANY AFFIDAVIT
- c. Information which if used by a competitor, would reduce his expenditures of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;
- d. Information which reveals cost or price information, production enpacities, budget levels or commercial strategies of General Electric, its customers or suppliers;
- 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;
- f. Information which discloses patentable subject enatter for which it may be dssirable to obtain patent protection;
- g. Information 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, the person who is 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 are clearly identified as preorietary.
6.
The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project Manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitively effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above, Disclosures outside General Electric are gei.erally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.
l 7.
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.
8.
The information to the best of my knowledge and belief has consistently been held in confidence by General Electric Company, no public disclosure has been made, and it is not available in public sources.
l
GENERAL ELECTRIC COMPANY AFFIDAVIT 8.
All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
9.
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 redace the availability of profit making opportunities.
A substantial effort has been expended by General Electric to develop this information.
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1 GENERAL ELECTRIC COMPANY AFFIDAVIT STATE OF CALIFORNIA )
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COUN1Y OF SANTA CLARA
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David J. Robare, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are truly and correct to the best of his knowledge, information, and belief.
Executed at San Jose, California, this day of 300
- 1993,
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bay - J. Robare General Electric Company Subscribed and sworn before me this c)nd
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. PAUL A. F HI)SSEY
.. Notary Public, Stato of Cal ornia __
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MNTA CLARA COUNTY
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My t.omm expires APR A 1994 -
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