ML20128H497

Advises That GE Giraffe Sys Apparent Test Results Repts Will Be Withheld from Public Disclosure Ref 10CFR2.790,per 960321 Request

ML20128H497
Person / Time
Site:	05200004
Issue date:	10/07/1996
From:	Son Ninh NRC (Affiliation Not Assigned)
To:	Quinn J GENERAL ELECTRIC CO.
References
NUDOCS 9610090365
Download: ML20128H497 (2)

Text

' '

,f si g UNITED STATES I

r j

2 NUCLEAR REGULATORY COMMISSION l

I WASHINGTON D.C. 20665 4001

%% g */ October 7, 1996 l

l Mr. James E. Quinn, Projects Manager LMR and SBWR Programs GE Nuclear Energy 175 Curtner Avenue, M/C 165 San Jose, California 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GENERAL ELECTRIC (GE) GIRAFFE SYSTEM INTERACTIONS TESTS APPARENT TEST RESULTS REPORTS (ATRs)

Dear Mr. Quinn:

By your letter dated March 21, 1996, you submitted the subject ATRs and requested that they be withheld from public disclosure. This request was made l

in accordance with 10 CFR 2.790 and is supported by affidavit executed by Joseph F. Quirk, dated March 21, 1996, which claims in part that the informa- i

' ion identifieo by bar in the right-side margins is classified as proprietary because it contains detailed results of the Simplified Boiling Water Reactor (SBWR) tests. The SBWR test program has been under development by GE and its associates for more than seven years at a total cost of tens of millions of dollars. In addition, the affidavit identifies the following reasons for maintaining the information as proprietary:

1.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Ge.neral Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

2. Information which, if used by a competitor, would reduce his expenditures of resources or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing of a similar product; We have reviewed your letter and the material in accordance with the require-ments of 10 CFR 2.790 and, on the basis of your statements, have determined that the subject reports contain trade secrets or proprietary commercial information. Therefore, the four GIRAFFE System ATRs, dated March 1996, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. However, the staff requests that GE submit nonproprietary versions of these reports to the ) (7 Nuclear Regulatory Commission (NRC) within 30 days from the day of this letter to be placed in the NRC's Public Document Room.

090074 g g5T3 COPY 9610090365 961007 PDR ADOCK052Og4

h Mr. James E. Quinn October 7, 1996 i

Withholding from public inspection shall not affect the right, if any, of-persons properly and directly concerned to inspect the document. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You should also understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request included your information. In all review situations, if the NRC needs additional information frca you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, original signed by: Theodore R. Quay Son Q. Ninh, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No.52-004 cc: See next page DISTRIBUTION:.

Docket File PDST R/F TMartin <

PUBLIC BGrimes TQuay l DScaletti WDean, ED0 EJordan, T-4 D18 JMoore, 0-15 B18 ACRS (11) MPSiemien, 0-15 B18 DOCUMENT NAME: A: PROP-GE.58 (3C SBWR D n . .e w. w m m.wm c . con ISK) .nm.new. r - con .u.cnm.nv.new.= v - No con 0FFICE PM:PDST:DRPM l PM:PDST:DRPM4 OGC l( D:PDST:DRPM l NAME SQltinh:sg DCScaletti @ O tiPSiemien ll)W TRQuay 1? N DATE 09//n/96 09/o/96 W $f/l1/96 (06/ 7 /96 0FFICIAL RECORD COPY i

i

i 4

Mr. James E. Quinn Docket No.52-004 GE Nuclear Energy -

l cc: Mr. Rob Wallace Mr. Brian McIntyre l l GE Nuclear Energy Westinghouse Electric Corporation l 1299 Pennsylvania Avenue, N.W. Energy Systems Business Unit Suite 1100 Box 355 l Washington, DC 20004 Pittsburgh, PA 15222 Director, Criteria & Standards Division Office of Radiation Programs

U.S. Environmental Protection Agency

, 401 M Street, S.W.

Washington, DC 20460 Mr. Sterling Franks U.S. Department of Energy NE-42 Washington, DC 20585 l

4 Mr. Rouert H. Buchholz

GE Nuclear Energy i 175 Curtner Avenue, MC-781 l 1 San Jose, CA 95125

! Mr. Steven A. Hucik GE Nuclear Energy 175 Curtner Avenue, MC-780 San Jose, CA 95125 Mr. Tom J. Mulford, Mantoer '

SBWR Design Certification Electric Power Research Institute l 3412 Hillview Avenue Palo Alto, CA 94304-1395 4

4 r 9 d