ML20115G931
| ML20115G931 | |
| Person / Time | |
|---|---|
| Site: | Brunswick  |
| Issue date: | 10/21/1992 |
| From: | Mccarthy D CAROLINA POWER & LIGHT CO. |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| References | |
| NLS-92-279, NUDOCS 9210260382 | |
| Download: ML20115G931 (17) | |
Text
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CNkL Carolina Power E I.lght Company OCT 211992 SERIAL: NLS 92 279 United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS.1 AND 2 DOCKET NOS. 50 325 & 50 324/ LICENSE NOS. DPR 71 & DPR 02 PROPRIETARY WITHHOLDING REQUESTS Gentlemen:
The purpose of this letter is to submit new affidavits for General Electric Company (GE) documents that are considered proprietary by GE and for which withholding from public disclosure was previously requested, General Electric has informed Carolina Power & Light Company that the documents referenced in your letter dated September 16,1992 am still considered proprietary.
Therefore, three revised affidavits are enclosed that support withholding from public disclosure the four documents listed in your September 16,1992 letter. These documents were identified as follows:
Letter of September 6,1990, forwarded NEDC 31624P, Revis!on 2, " Brunswick Steam Electric Plant Units 1 and 2 SAFER /GESTR-LOCA Loss of Coolant Accident Analysis," July 1990 (NLS 90121).
Letter of February 11,1990, forwarded NEDC-31624P, Supplement 1, Revision 0, " Loss-of-Coolant Accident Analysis Report for Brunswick Steam Electric Plant Unit 1 Reload 7 Cycle 8,"
February 1991 (NLS 91035).
Letter of April 26,1991, forwarded GE NE 9010110391, "RWCU Differential Flow Leak Detection Analytic Limit improvement," March 1991 (NLS 91 110).
Letter of April 28,1991, forwarded GE NE-S01011-0391, revised pages, "RWCU Differential Flow Leak Detection Analytic Limit Improvement," April 1991 (NLS 91 122).
Please refer any questions regarding this submittal to Mr. M. R. Oates at (919) 540-6063.
Yours very truly,
^
V D. C. McCarthy Manager -
Nuclear Licensing Section WilM/wrm (prop Itr.wpf) g n/'
p Enclosures newer.omx*Nunt:EEman.WA32sans 9210260392 921021 l
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e Document Control Desk NLS 92 279 / Page 2 cc:
Mr. S. D. Ebneter Mr. R. H. Lo Mr. R. L. Prevatte i-l l
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ENCLOSURE 1 BRUNSWlCK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NOS. 50 325 & 50.324 OPERATING LICENSE NOS. DPR 71 & DPR 62 PRCPRIETARY WITHHOLDING REQUESTS
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General Electric Company Affidavit For NEDC 31624P, Revision 2 "Drunswick Steam Electric Plant Units I and 2 SAFER /GESTR LOCA Loss of Coolant Accident Analysis' July 1990 t
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l ENCLOSURE 2 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NOS. 50-325 & 50-324 OPERAflNG LICENSE NOS. DPR 71 & DPR 62 PROPRIETARY WITHHOLDING REQUESTS General Electric Company Affidavit For NEDC 31024P, Supplement 1, Revi. lon 0 s
' Loss of Coolant Accident Analysis Report for Brunswick Steam Electric Plant Unit 1 Re. cad 7 Cycle 8" February 1991 l
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s-ENCLOSURE 3 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NOS, 50 325 & 50 324 OPERATING LICENSE NOS. DPR 71 & DPR-02 PROPRIETARY WITHHOLDING REOUESTS General Electric Company Affidavit For GE NE 9010110391 "RWCU Differential Flow Leak Detection Analytic Limit Improvement" March 1991
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ENCLOSURE 1 DRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NOS. 50-325 & 60 324 OPERATING LICENSE NOS. DPR 71 & DPR 02 PROPRIETARY WITHHOLDING REQUESTS t
General Electric Company Affidavit For NEDC 31024P, Revision 2 "Drunswick Steam Electric Plant Units 1 and 2 SAFER /GESTR LOCA Loss of Coolant Accident Analysis" July 1990 3
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General Electric Conipany AFFIDAVIT 1, James F. Klapproth, being duly sworn, depose and state as follows:
1.
I am Fuel Licensing Manager, General Electric Company, and have been delegated ti func.
tion of reviewing the information described in paragra ph 2 which is sought to be withheld from pubtle disclosure and have been authorized to apply for its withholding.
2.
The information sought to be withheld is contained in "Smntwick Steam Electric Plant Units /
and 2 SAFER /GESTR LOCA 1.oss-of Coolant iccident Analysis," NEDC.31624p, Class IfI, July 1990.
3.
In designating material as proprietary, General filectric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts Section 757. This det:nition provides:
"A trade secret may consist of any formula, pattern, device or compilation of infor-mation 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 b would be difficulty in acquiring information...y the use of improper means, there
. 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 hun 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.
pended by him in developing the information; (6) the case 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 infor.
mation are:
Information that disclosed a process, method or apparatus where prevention of its use a.
by General Electric's competitors without license from General Electric constitutes 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 economic advantage, e.g., by optimization or improved marketability; Information which, if used by a competitor, would reduce his expenditure of resources c.
or improve his competitive position in the design, manufacture, shipment, install tion, 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 Electrie, its customers or suppliers;
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Information which reveals aspectr. of past, present or future General Electric cus.
c.
tomer 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 Infllal approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, who is most likely to be acq uainted with the value and sensitivity of the information in relation to industry know edge. Access to such documents within the Company is limhed on a 'need to know" basis and such documents are clearly ideatified as proprietary.
6.
The procedure for approval of external release of such a document ty,ically requires review by the Subsection Manager, Project manager, Principal Scientist or at ier equivalent author.
ity, by the Subsection Manager of the cognizant Marketing function (or 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. Disclo-sures outside General Eletric are generally limited to regulatory bodies, customers and po.
tential customers and thch. agents, suppliers and licensees, and then only with appropriate l
protection by applicable regulatory provisions or proprietary agt cements.
7.
The document mentioned in paragra,h 2 above has been evaluated in accordance with the above criteria and procedures and ins been found to contain information which is propri-etary and which is customarily held in confidence by General Electric.
tL The document mentioned in paragraph 2 above is classified as proorletary because it contains details concerning current General Electric fuel designs which were developed at considerable expense to General Electric, which are not available to other parties.
9 The information to the best of my knowledge and belief has consistently been held in confi.
dence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosure. to third parties have been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the infor-mation in confidence.
10.
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 it would pcovide other parties, including competitors, with valuable mformation regarding current General Electric fuel designs which were obtained at considerable cost to the General Electric Company.
Page2
Affidnilt STATl! OF CALIFol(NIA
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i COUN1Y OF SANTA CIARA ) "8 j
i James F. Klapproth, being duly sworn, deposes and says:
i That he has read the foregoing affidavit and the matters stated therein are true and correct to the j
best of his knowledge,information, and belief.
I!xecuted at San Jose, California, this (db day of %ue 1992.
I mrU6wC'i C(3rusM James F. Klapproth D\\
General lilectric Company Subscribed and sworn before me this Jo' day of 83apa( 1992.
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MARY t.'^KENDALL I-N 1 #['
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SANTA CLAfM COUNTY
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i, ENCLOSURE 2 l
BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NO3. 50 325 & 50 324 OPERATING LICENSE NOS, DPR 71 & DPR-62 I
PROPRIETARY WITHHOLDING REQUESTS 1
l I
General Electric Company Affidavit For NEDC 31624P, Supplement 1, Re',lslon 0
' Loss of Coolant Accident Analysis Report for Brunswick Steam Electric Plant Unit 1 Reload 7 Cycle 8' February 1991 I
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General Electric Company AFFIDAVIT 1, James F. Klapproth, being duly sworn, depose and state as follows:
1.
I am Fuel Licensing Manager, General Electric Company, and have been delegated the func.
tion of reviewin; the information described in paragraph 2 which is sought to be withheld from public disc osure and have been authorized to apply for its withholding.
i 2.
The information sought to be withheld is contained in Loss of. Coolant Accident AnalysLt Report for Brunswick Steam Electric Plant Unit 1, Reload 7 Cycle 8, NEDC 31624p, Supplement 1, Revision 0, Class 111. February 1991.
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 definit 6n provides:
"A trade secret may consist of any formula, pattern, device or compilation of infor-rnation 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 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-pended 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 infor-mation are:
a.
Information that disclosed a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes 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 economic advantage, e.g., by optimization or improved marketability; Information which, if used by a competitor, would reduce his expenditure of resources c.
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; i
j
4 i
i
- Attidavit Information which reveals aspects of past, present or future General Electric cus-c.
tomer 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.
i Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, who is most likely to be acc uainted with the value and sensitivity of the information in relation to industry know edge Access to such documents within the Company is limited on a "need to know" basis and such documents are
+
clearly identified as proprietary.
6.
The procedure for approval of external release of such a document tyiically requires review by the Subsection Manager, Project manager, Principal Scientist or o;ier equivalent author.
ity, by the Subsection Manager of the cogninnt Marketing function (or 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. Disclo-3 sures outside General Electric are generally limited to regulatory bodies, customers and po-tential customers and their agents, suppliers and licensees, and then only with appropriate protection by applicable regulatory provisions or proprietary agreements.
7.
The document mentionpd in paragra ih 2 above has been evaluated in accordance with the above criteria and procedures and ms been found to contain information which is propri-etary and which is customarily held in confidence by General Electric.
8.
The document mentioned in paragraph 2 above is classified as proprietary because it contains details concerning current General Electric fuel designs which were developed at considerable expense to General Electric, which are not availabb to other parties.
9.
The information to the best of my knowledge and belief has consistently be.en held in confi-dence 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 proprietary agreements which provide for malienance of the infor-mation in confidence.
10.
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 prollt making opportunities because it would provide other parties, including competitors, with valuable mformation regarding current General Electric fuel designs which were obtained at considerable cost to the General Electric Company.
Page 2
Af!hlasil STATE OF CALIFORNIA
)
COUNTY OF SANTA CLARA ) SS.
James F. Klapproth, being duly swcrn, deposes and says:
That he has read the foregoing affidavit and the matters stated therelo are true and correct to the best of his kn:wledge, information, and belief.
Executed at San Jose, California, this Fellday of kvom 1992.
I b wR$ V (00PthDYn James F. Klapproth
'N General Electric Company Subscribed and sworn before me this 70 day of duqad 1992.
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MARY L KENDALL i
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SANTA Ct. ARA COUNTY
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Notary Pubh.c - Caliform.a k'"
l Santa Clara County My Cunm Exp. Mar.26,1993 l
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Page 3
6 ENCLOSURE 3 BRUNSWICK STEAM ELECTRIC PLANT, UNITS 1 AND 2 NRC DOCKET NOS. 50 325 & 50 324 OPERATING LICENSE NOS. DPR 71 & DPR 62 PRO?RIETARY WITHHOLDING REQUESTS General Eleeale Company Affidavit For GE NE 9010110391
- RWCU Differential Flow Leak Detection Analytic Limit improvement" March 1991 r
i General Electric Comenny Affidavit I
M. L Hurstell, being duly sworn, depose and state as follows:
1.
I am Nuclear Services Manager General Electric Company, and have been dele 6ated the function of reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholdin8-2.
The information sought to be withheld is contained in the General Electric report entitled, "RWCU Differential Flow Leak Detection Analytic Limit Improvement," GE-NE-901-011 0391, dated March 1991.
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 a ormula, 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 ousiness; (2) the extent to which it is known by employees and otbacco involved in his secrecy of(3) the extent of measures takan 'uy him to guard the businews; the information; (4) the valta of the information to him and to his competitors; (5) the amount of effort or money expanded 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 infornation are:
Information that discloses a process, method or apparatus where a.
prevention of its use by General Electric's competitors without licenso form Ceneral Electric constitutes a cempetitive economic advantage over other companies; b.
Information consisting of supporting data and analyses, including the 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; 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 [tscustomersorsuppliers; budget levels or commercial strategies
- Electric, 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; 5
Information which General Electric mast creat 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 sensitivin 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 docum9nts are clearly identified as proprietary, 6.
The procedure for approval of external release of such a document mically requires review by the Subsection Manager, Project Manager, P'rlncipal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or 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 then only with appropriate protection by applicable regulatory provisions or proprietary agreements.
7.
The document mentionci in paragraph 2 above has been evaluated in accordance with the adove 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 the General Electric Company,lic sources.
no public disclosure has been made, and it is not available in pub All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.
1.
1
9.
Public disclosure of the information sought to be withheld is likely to cavne substantial harm to the coropetitive position of the ceneral Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information.
H. L. Ituratell, being duly sworn, deposes and says:
That he/she has read the foregoing affluavit and the matters stated therein are true and correct to the best of his/her knowledge, information, and belief.
Executed at Southport, 14 orth Carolins, this o7 l day of __Avent h, 19 9A.
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H. L. Huratell General Electric Company subscribed and sworn before me this Mk day of O Wi1.2)~, 19 7 1 d
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NOTARY PUBLIC, O' O'
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STATE OF NORTil CAROLINA
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