ML20125E356

Application for Amend to License NPF-69,revising TS 3/4.3 & 3/4.4.2,instrumentation to Increase STIs & Allowable out-of- Svc Times,Per Listed NRC-approved GE Licensing Topical Repts

ML20125E356
Person / Time
Site:	Nine Mile Point
Issue date:	12/07/1992
From:	Firlit J NIAGARA MOHAWK POWER CORP.
To:
Shared Package
ML17056C166	List: ML20125E353 ML20125E356
References
NUDOCS 9212170005
Download: ML20125E356 (4)

Text

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UNITED STATES NUCLEAR REGULATORY COMMISSION In the hiatter of )

)

NIAGARA h10 HAWK POWER CORPORATION ) Docket No. 50-410 (Nine Mile Point Nuclear Station )

Unit No. 2) )

APPLICATION FOR AMENDMENT TO OPERATING LICENSE Pursuant to Section 50.90 of the regulations or the Nuclear Regulatory Commission, Niagara Mohawk Power Corporation, holder of the Facility Operating License No. NPF-69, hereby requests that Technical Specification Section 3/4.3 Instrumentation and Section 4.2.2.1, the associated bases and tables of the Technical Specifications set forth in Appendix A to the License be amended. These proposed changes have been reviewed in accordance with Section 6.5 of the Technical Specifications.

The proposed Technical Specification changes are set forth in Attachment A to this application. The changes represent revision to increase surveillance test intervals (STIs) and allowable out-of-service times (AOTs) for specified instrumentation. The proposed changes will not authorize any change in the types of effluents or in the authorized power level of the facility in conjunction with this Application for License Amendment. Supporting information and analysis which demonstrate that the proposed change involves no significant hazards considerations pursuant to 10CFR50.92 are included as Attachment B.

WHEREFORE, Applicant respectfully requests that Appendix A to Facility Operating License No. NFP-69 be amended in the form attached hereto as Attachment A.

NIAGARA MOHAWK POWER CORPORATION By <

Yide President - Nuclear Support Subscribed and sworn to before me on this 7dday of Dccere;6er /992 6 ) /W 8falk NOTARY PUBLIC NOWY PUB f, f NfW YOM 002975LL . MY M S $ N d N $ E19 3 9212170005 DR ADOCK'05000410 921207 i PM l._ _ - . _ . , _ _ ._ __ ~ _._.._

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. GtR RAL ELECTRIC C0MPANY i

f AFFIDAVIT i

j I, Robert C. Mitchell, being duly sworn, depose and state as follows:

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

! 2. The information sought to be withheld is-contained in MDE-78-0485 Technical Specification Improvement Analysis for the Reactor

. Protection System for Nine Mile Point Nuclear Station, Unit 2" dated

{ April 1985.

i

! 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 j definition provides:

l "A trade secret may consist of any formula, pattern, device or j compilation'of 'information which is used in one's business and j which gives him an opportunity to obtain an advantage over

, competitors who do not know or use it.... A substantial element l- of secrecy must exist, so that, except by the use of improper

! means, there would be difficulty in acquiring information....

i 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 t to which it is known by employees and others involved in his business; (3) the extent of measures taken-by him to gua'rd the secrecy of the information;- (4) the value of the information to'

!- him and to his competitors; (5) the amount of effort or money l expended by him in developing the'information; (6) the ease or i difficulty with the which the information could be properly

acquired or duplicated by others."

t 4. - Some examples of categories of information which fit into the i definition of proprietary information are:-

i 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 p advantage over other companies; I

b. Information consisting of supporting data and analyses, including

j. test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, i 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 i

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> 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. 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 acquainted with the value and sensitivity of the infor.mation in relation to industry knowledge. 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 typically requires _ review by the Subsection Manager, Project Manager, Principal 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 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.

8. 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 of proprietary agreements which provide for maintenance of the information in confidence.

9. 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 provide other parties, including competitors, with valuable information regarding the application of reliabilty based methodology to BWR instrumentation. A substantial

i effort has been expended by General Electric to development this information in support of the BWR Owners' Group Technical Specification Improvement Program.

STATE OF CALIFORNIA COUNTY OF SANTA CLARA

) ss:

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Robert C. Mitchell, 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 3/ day of AU6 05 T,1991

% C .*%RelM Robert C. Mitchell General Electric Company 5

Subscribed and sworn before me this I 't day of C6/>J E199 2 ,

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NOTARY PUBLIC, STATE OF CALIFORNIA k .

PAULA F. HUSSEY taOTARY FUSUC

• CAUIONA 55 MI SANTA CtAPA COUNU

%'U[$, ' ,./uy comm. expires APR 5.1994 1

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