ML20106H716

Forwards Comments on R&D Assoc Rept Re Potential Design Mods.Response to Issues Identified in Sser 3 on Seismic Events Relative to Pool Bypass Sequences Encl.Proprietary Info Withheld (Ref 10CFR2.790).W/affidavit

ML20106H716
Person / Time
Site:	05000447
Issue date:	02/05/1985
From:	Quirk J GENERAL ELECTRIC CO.
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19269B057	List: ML20106H716
References
MFN-012-85, MFN-12-85, NUDOCS 8502150377
Download: ML20106H716 (5)

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GENERAL $ ELECTRIC NUCLEAR POWER SYSTEMS DMslON GENERAL ELECTRIC COMPANY e 175 CURTNER AVENUE e SAN JOSE, CAUFORNIA 95125 MFN-012-85 February 5,1985 U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation Washington, D.C. 20555 Attention: Mr. D.G. Eisenhut, Director Division of Licensing Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARDSAFETYANALYSISREPORT(GESSARII)DOCKETN0.

STN 50-447 GENERAL ELECTRIC COMMENTS ON RDA REPORT Attached, please find additional information which is provided to clarify the differences between the results of the RDA report on potential design modifications and the GE assessment of design modifications. Also GE's response to the outstanding issues identified in the GESSAR II SSER 3 on Seismic Events relative to pool bypass sequences is included.

We are requesting that the attached information be withheld from public disclosure and considered as proprietary pursuant to Section 2.790 of 10CFR Part 2.

If there are any questions on the information provided herein, please contact me or Mr. Kevin Holtzclaw (408) 925-2506. <

Very truly yours, J. r Manager B Systems Licensing Nuclear Safety & Licensing Operation

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GENERAL ELECTRIC C0MPANY .

h AFFIDAVIT

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I, Joseph F. Quirk, being duly sworn, depose and state as follows: 1

1. I am Manager, BWR Systems 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.  ;

i The information sought to be withheld pertains to the proprietary

- 2.

submittal GE comments on RDA report and response to SSER 3 outstanding issues in support of the Severe Accident portion of the  !

238 Nuclear Island General Electric Standard Safety Analysis Report i (GESSARII).

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 infonnation 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 information... Some 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)theextentof measures taken by him to guard the secrecy of the infonnation; (4)thevalueoftheinformationtohimandtohis competitors; (5)theamountofeffortormoneyexpendedby him in developing the information; (6)theeaseordifficulty; 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:

g.. a. Infonnation that discloses a process, method or apparatus _

where prevention of its use by General Electric's competitors i without license from General Electric constitutes a compet- f itive economic advantage over~other companies; i

b. Information consisting of supporting data and analyses.:

including test data, relative to a process, method or appara-

- 4 tus ' the application of which provide'a competitive economic advantage, e.g.,~ by optimization or' improved marketability; W

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 tentative 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 occasion 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 staff 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 doct.ments within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietary.

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7. The procedure for approval of external release of such a document  :

L is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section 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 in L accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory l bodies, customers and potential customers and their agents,

! suppliers and licensees only in accordance with appropriate L

regulatory provisions or proprietary agreements.

l 8. 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.

j- 9. The information mentioned in paragraph 2 provides additional

-information in support of the severe accident portion of GESSAR II contained in Section 15D.3 of the GESSAR II submittal.

10. The information to the best of my knowledge and belief, has consistently 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 or to proprietary information agreements which provide for maintenance of the t information in confidence.

11. Public disclosure of the information sought to be withheld is I likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of

' profit-making opportunities because:-

a.- It was developed with the expenditure of resources exceeding

$500,000.

b. Public availability of this information would deprive General Electric of the ability to seek reimbursement and would permit competitors to utilize this information to General Electric's  !

detriment, to the substantial financial and competitive -

disadvantage of General Electric.

I Y

1

STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA ss:

)

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 day of dA4/ , 198 u '

M.

JoMph' F. Qui r'k '

GeMral Electric Company Subscribed and sworn before dayme of N>rruand,198g.

this [ fb OFFICIAL SEAL ,

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ROTARY PUBLIC, STATE OE:7CALIFORN1A h

@ nh$$bde5c ONkORN A SANTA CIAM COUNTY My comm. expires DEC 30, 1933