ML20114A948

Forwards Proprietary Pages to Ssar for Abwr.Encl Withheld (Ref 10CFR2.790)

ML20114A948
Person / Time
Site:	05200001
Issue date:	08/18/1992
From:	Recasha Mitchell GENERAL ELECTRIC CO.
To:	Pierson R NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation
Shared Package
ML19303F024	List: ML20114A948
References
MFN-158-92, SLK-9288, NUDOCS 9208240159
Download: ML20114A948 (4)

Text

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GE fiuclear Ericrgy

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c August 18,1992 MFN No.158 92 Docket No. STN $2-001 SLK-92SS Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Robert C. Pierson, Director Standardization Project Directorate Associ .c Directorate for Advanced Reactors and License Renewal

Subject:

Reclassification of AllWR SSAR Proprietary Information, Resubmittal

Reference:

Letter Dated July 27,1991, H. C. Mitchell to R. C. Pierson, Same Subject, MFN No.153 92.

) Enclosed are two copies of the pages to ine Standntd Safety Analysis Report (SSAR) for the Adv.inced Boiling Water Reactor (ABWR) which are currently designated as General Electric Company proprietary information. Also, enclosed are two copies of the corresponding proprietary affidavit. This transmittal supercedes all previous proprietary submittals on dockets STN 50-605 and STN 52-001, including the reference letter.

All of the enclosed pages brve been previously designated as proprietary. The balance of the -

previously designated propuuary pages have been reclassified as non. proprietary and will be revised in the next amendment with the proprietary designation removed.

There may be additional pages reclassified as non-proprietary and others may be designated as l proprietary before the SSAR is finalized. Any future changes in page designation will be referenced to the transmittal herein.

Sincerely, h(0 0 R .C. Mitchell, Acting Manager Regulatory and Analysis Services M/C 444, (40S) 925-6948 i

cc: F. A. Ross N. D. Fletcher (DOE)

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C. Poslusny, Jr.

R. C. Berglund (NRC)

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i General Electric Company s

AFFIDAVIT '

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I, Robert C. Mitchell, being duly sworn, depose and state as fo!!ows:

j 1. I am Manager, Safety, Environmental & Quality Assurance, General Electric Company, and hase been delegated the function of reviewing the information described in paragraph 2 l which is sought to be withheld and have been authorized to apply for its withholding, i

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2. The information sought to be withheld is provided in the attachment, revision dated August 18.1992.

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3. In de.signating material as proprietary, General Electric utilizes the definition of proprietary i information and trade secrets set forth in the American Law institute's Restatement of j Torts, Section 757. This definition provides:

, "A trade secret may consist of any formula, patterr. device or compilation of infor-j mation which is used in one's business and which gives him an opportunity to 4

obtain an advantage over competitors who do not know or use it.. A substantial j 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 mea-sures taken by him to guard the secrecy of the information;(4) the value of the in-formation to him and to his competitors; (5) the amount of effort or money ex-panded by him in developing the information; (6) the ease or dif ficulty v.i:h the

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 infor-mation are:

i a. Information that disclosed a process, method or apparatus wher prevention ofits use  !

i by General Electric's competitors without license from General Electric constitutes a

competitive economic advantage over other companies; i -

, 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 economic

advantage, e.g., by optimization or improved marketability; i c. Informatian which if used by a competitor, would reduce his expenditure of resources or

improve his competitive position in the design, manufacture, shipment, installation, as-i surance of quality oc 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; l

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l e. Information'which reveals aspects of past, present or future General Electric cus -

j i tomer-funded development plans and programs of potential commercial value to Gen- -

L eral Electric:

l' i f. Information whien discloses patentable subject matter for which .it may be desirable to obtain patent protection; >

i g. Information which General Electric mun treat as proprietary according to agreements ,

I with mher parties.  :

l 5. In addition to proprietary treatment given to material meeting the standards enumerated ,

i above, General Electric customarily maintains in confidence preliminary and draft material i

which has not been subject to complete proprietary, technical and editorial review. This prac-i tice is based on the fact that draft docummis often do not appropriately reflect all aspects of

a problem, may contain tentative conclusions and may contain errors that can be corrected -

i during normal review and approval proceJures. Also, until the final document is complete it  :

i may not be possible to make any definitive determination as to its proprietary nature. Gen-i eral Electric is not generally willing to refease such a document in such a preliminary form.

i Such documents are, however, on occasion furnished to the NRC staff on a confidential basis j because it is General Electric's belief that it'is in the public interest for the staff to be ,

i promptly furnished with significant or potentially significant information. Furnishing the j document on a confidential basis penning completion of General Electric's internal review 2

permits early acquaintance of the staff with the information while protecting General Elec-tric's potential proprietary position and permitting General Electric to insure the public doc.

j uments are technically accurate and correct i

6. Initial approval of proprietary treatment of a document is typically made by the Subsection l;

-)~ manager of the originating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such docu-

! ments within the Company is limited on a "need to know" basis and such documents are

! clearly identified as proprietary.

7. The procedure for approval of external release of such a document typically requires review i

by the Subsection Manager, Project manager, Principal Scientist or other equivalent author--

ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the i Legal Operadon for technical content, competitive effect and determination of the accuracy j of the proprietary designation in accordance with the sta_ndards enumerated abose. Disclo-sures outside General Electric are generally limited to regulatory bodies, customers and po-

{ tential customers and their agents, guppliers and licensees then only with appropria'e protec- '

l tion by applicable regulatory provisions or proprietary agreements.

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l 8. The document mentioned in paragraph 2 above has been evaluated in accordance with the L above crite i and procedures and has been found to contain information which is propri- ,

etary and w hich is customarily held in confidence by General Electric.

l 9. The information to the bec of my knowledge and belief has consistently been held in confi-dence by the General Elecrcic Company, no public disclosure has been made, and it is not 3[ available in public sources All disclosures to third parties han been made pursuant to regu.

j latorf provisions o proprietary agreements which provide for maintenance of the informa-j tion in confidence.

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Affsdavit Page 2

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. m j 10a. Publi . uisclosure of the information, as called out in Paragraph 2, sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the avaih,-. 'v of profit making opportunities because it contains details of General Electric desigr, nah are not available to other parties without prior proprietary agreement. This information would provide other parties, including competitors, with valuable information associated with technical and business practices of the General Electric Company. This information is of a type customarily held in confidence by General l Electric since it reveals valuable design information obtained at considerable expense to the General Electric Company.

10b. The information, as called out in Paragraph 2, sought to be withheld has been jointly developed by General Electric, Hitachi and Toshiba for the Kashiwazaki Kariwa project, Units 6 & 7. Public disclosure of this information is likely to cause substantial harm to the cornpetitive position of the General Electric Company, Hitachi, Ltd. and Toshiba Corporation and deprive or reduce the availability of profit makin ,nportunities because it contains details of the General Electric, Hitachi and Toshiba design which are not available to other parties withou: prior proprietary agreement. This information would provide other parties, including competitors, with valuable information associa:ed with the technical and business practices of .ne General Electric Company, Ilitachi, Ltd. and Toshiba Corporation.

This information is of a type customarily held in confidence by General Electrie, Hitachi and Toshiba since it reveals valuable desir formation obtained at considerable expense to General Electric, Hitachi and Toshb1 STATE OF CALIFOi'NI A )

) COUNTY OF SANTA CLARA ) ss:

Robert C. Mitchell, bei1g 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 /) t>Gus7 1992.

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Robert C. Mitcheu General Electric Company Subscribed and sworn before me this /[ y of d<.few 1992.

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OFFICIAL SEAL

) .M.v Notary MARY L KENDALL Putsc.carhmta i

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Notary Puttlic - California 1

p ycomm. Exp. Mar. 26,1993 l ~

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