ML20106D661
| ML20106D661 | |
| Person / Time | |
|---|---|
| Site: | Clinton  |
| Issue date: | 10/22/1984 |
| From: | Spangenberg F ILLINOIS POWER CO. |
| To: | Schwencer A Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19269A682 | List: |
| References | |
| U-0753, U-753, NUDOCS 8410260118 | |
| Download: ML20106D661 (4) | |
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U-0753 L30-84(10 -22)L 1A.120
/LLIN0/S POWER COMPANY.
CLtNTON POACR STATION. P.o. BOX 678, CLINTON, ILLINOIS 61727 Docket No. 50-461 October 22, 1984 Director of Nuclear Reactor Regulation Attention: Mr. A. Schwencer, Chief Licensing Branch No. 2 Divisic-. of Licensing U. S. Nuclear Regulatory Commission Washington, D.'C.
20555
Subject:
Clinton Power Station (CPS) Unit 1 SER Confirmatory Issue #34 Submittal of Proprietary Information Kuo Sheng HPCS Diesel Generator Test Data
Dear Mr. Schwencer:
In letter U-0726, dated August 6, 1984, Illinois Power (IP) committed to provide the NRC with proprietary test data from the Taiwan Power Company (TPC) HPCS diesel generator at Kuo Sheng.
IP herewith submits these data which substantiate the reliability of a HPCS diesel generator identical to the one used at CPS.
We kindly request that this information be withheld from public disclosure and be considered as proprietary to GE, pursuant to Section 2.790 of 10 CFR Part 2.
These documents contain information and are of the type which GE customarily maintains in confidence. Attached for your information is the GE affidavit which attests to the proprietary i
nature of the test data which we are requesting to be withheld from public disclosure.
Please contact us should you require additional information.
ncere y7yo t
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Frank.Shnge erg Director-Nyclea Licen ing and Configuration Nuclear Station Engineering l.
LRR/im Attachments B.J. Siegel, NRC Clinton Licensing Project Manager w/ attachments cc:
NRC Resident Office w/o attachments Regional Administrator, Region III USNRC w/o attachments Illinois Department of Nuclear Safety w/o attachments 8410260118 841022 O
PDR ADOCK 05000461 i
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D GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Ricardo Artigas, being duly sworn, depose and state as follows:
1.
I am Manager, BWR Projects 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 is contained in the foreign plant HPCS Pre-op Test Report P-EM.1.
This report is included as part of the Clinton submittal on HPCS Diesel Generatora.
3.
In designating material as proprietary, General Electric utilizes the 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 would be difficulty in acquiring informa-tion....
Some factors to be considered in determining whether given.information is one's trade secret are:
(1) the extent tn s
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 4~
the secrecy of the information; (4) the value of the informa-tion 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 competitive econom-ic advantage over other companies; b.
Information consisting of supporting data and analyses, includ-ing 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; CRW: rm/A09264 j
g LO c.-
-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; d.
Information which reveals cost or price information, production capacities, 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 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 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 tenta-tive 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 occa-
.sion 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 stiff 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 Scien-tist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delegate) and by the Legal i'
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Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above.
Disclosures outside General Electric are generally limited to regulatory bodies, custom-ers and potential customers and their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or propri-etary agreements.
8.
The documer. 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.
9.
The information referenced in paragraph 2 provides additional information obtained from an overseas BWR to further substantiate HPCS diesel generator reliability. This foreign plant test data contains information which must be treated as proprietary according to the agreement with the overseas utility.
10.
The information to the best of my knowledge and belief, has consis-tently been held in confidence 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 regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
STATE OF CALIFORNIA
) ss:
COUNTY OF SANTA CLARA
)
Ricardo Artigas, 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 day of f
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M Ricardo Artigas General Electric Company Subscribed and sworn before me this dayofd (Jus s 198 pmmmmmmmmcommmmmj y
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D R lY PUBLIC, STATE OG CALIFORNIA S
My Commission Expires Dec bacncammmmcumm. 21,1984 mcwcwcw CRW:rm/An9264.
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