ML20107F571
| ML20107F571 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 02/19/1985 |
| From: | Edelman M CLEVELAND ELECTRIC ILLUMINATING CO. |
| To: | Deyoung R NRC OFFICE OF INSPECTION & ENFORCEMENT (IE) |
| Shared Package | |
| ML20107F572 | List: |
| References | |
| NUDOCS 8502260174 | |
| Download: ML20107F571 (4) | |
Text
-
l
,, j_ r y; <,
,u u; rr
<; a e:
>3 r y p:
uaL l,; e s
P.o. BOX $000 - CLEVELAND OHIO 44101 - TELEPHONE (216) 622-9800 - ILLUMINATING BLDG - 55 PUBLIC SoVARE Serving The Best Location in the Nation MURRAY R. EDELMAN VICE PRES 10ENT February 19, 1985 NUCMAR PY-CEI/01E-0026 L Mr. Richard P. DeYoung, Director Office of I..spection and Enforcement U. S. Nuclear Regulatory Commission Washington, D.C.
20555 Perry Nuclear Power Plant Docket Nos. 50-440; 50-441 Support Document for IDI Items D3.2-4 and D3.5-2; Froprietary Information
Dear Mr. DeYoung:
This letter provides information relative to the recent Integrated Design Inspection 84-29 Response submitted by letter dated January 24, 1985 (PY-CEI/NRR-173L). The attachment to this letter provides the design memo referenced in response to IDI Items D3.2-4 and D3.5-2.
The Gercral Electric Company plant piping design memo 123-84-18. " Safety Relief Valve Piping Ball Joint Qualification," contains information proprietary to the General Electric Company.
We, therefore, request that it be handled as proprietary in accordance with 10CFR2.790. An affidavit to this effect is also attached.
If there are any questions, please feel free to call.
Vefy truly yours, bW Murray%[
R. Edelman Vice President Nuclear Group MRE:nje Attachments Attachments to be withheld from public disclosure; Contains 10CFR2.790 material ec: Jay Silberg, Esq.
John Stefano (2)
J. Grobe D. Norkin, NRC, Mail Stop 305B; with attachments W. Anderson, NRC, Mail Stop 359EW; with attachments 8502260174 850219
/,
Pl>R ADOCK 05000440
/
j G
PDR 1 \\
L
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 pertains to the proprietary information submitted in General Electric Company Piping Design Memo #123-8418 dated October, 1984.
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 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) 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 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 economic s
advantage over other companies; b.
Information consisting of supporting data and analyses, including tes' data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimiza-tien or improved marketability; 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; L
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 en 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 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 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 accordance with the standards enumerated above.
Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.
8.
The document inentioned 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.
e
m.
9.
The information mentioned in paragraph 2 provides justification of design acceptance of equipments (Ball Joints) applied to General Electric designed systems (Main Steam SRV discharge piping) 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 information in confidence.
11.
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 reduce the availability of profit-making opportunities because:
l a.
It was developed with the expenditure of resources exceeding $150,000.
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.
STATE OF CALIFORNIA
) ss:
COUNTY OF SANTA CLARA
)
Ri'cardo 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.
ExecutedatSanJose, California,thiskdayof M/h/gV,198[
Lf RicarTo Artidas General Electric Company Subscribed and sworn before me this d day of hgRaAf t/ 198_8 g
) [
M houw pucuc.OE J gg gjM V KAP S C
/
cAuron*^
SANTA CLARA C0'JN1y NOTARY PUBLIC, STATE OF/ALIFORNIA i
y K012915 b-