ML20128H530

Informs That Licensee 960314 Request to Withhold GE Girafee Helium Tests Apparent Test Results Repts & Data Transmittal for Giraffe Helium Tests H3 & H4 from Public Disclosure,Per 10CFR2.790,granted

ML20128H530
Person / Time
Site:	05200004
Issue date:	10/07/1996
From:	Son Ninh NRC (Affiliation Not Assigned)
To:	Quinn J GENERAL ELECTRIC CO.
References
NUDOCS 9610090377
Download: ML20128H530 (3)

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ka UlfiT6D STATES 5 NUCLEAR RE2ULATORY COMMISSION f WASHING TON, D.C. 20665-0001

% October 7, 1996 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 HELIUM TESTS APPARENT TEST RESULTS REPORT

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(ATRs) AND DATA TRANSMITTAL FOR GIRAFFE HELIUM TESTS H3 AND H4

Dear Mr. Quinn:

By your letter dated March 14, 1996, p u submitted the subject ATRs and the electronic test data for the GIRAFFE Helium tests H3 and H4, and requested that they be withheld from public disclosure. This request was made in accordance with 10 CFR 2.790 and is supported by affidavit executed by Joseph F. Quirk, dated March 14, 1996, which claims in part that the four computer disks and information in the ATRs identified by bar in the right-side margins are classified as proprietary because they contain detailed results of the Simplified Boiling Water Reactor (SBWR) tests. This 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 etary: the following reasons for maintaining the information as propri-1.

Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GE's competi-tors without license from GE 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;

3. Information which reveals aspects of past, present, or future GE customer-funded development plans and programs, of potential commercial value to GE.

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 ATRs and the electronic test data contain trade secrets or I proprietary commercial information. Therefore, the subject GIRAFFE Test O Report, Gene-T150013-001, dated March 1996, and the Data Transmittal for GIRAFFE Helium Tests H3 and H4, dated March 14, 1996, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the . fj

'l Atomic Energy Act of 1954, as amended. The nonproprietary versions of the ATRs have been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room.

9610090377 961007 PDR ADOCK 0520 4

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Mr. James E. Quinn October 7, 1996 ,

! Withholding from public inspection shall not affect the right, f f 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.

i i 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 Freedcm of Information Act request

included your information. In all review situations, if the NRC needs l additional information from you or makes a determination adverse to the above,

! you will be notified in advance of any public disclosure.

Sincerely, j original signed by: Theodore R. Quay j 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 f

! DISTRIBUTION:

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PUBLIC BGrimes TQuay l DScaletti WDean, ED0 EJordan, T-4 D18

. JMoore, 0-15 B18 ACRS (11) MPSiemien, 0-15 B18 I

Y DOCUMENT NAME: A: PROP-GE.55 (2B SBWR DISK)

Ts smeelve e sepy of tido deemsnent. ImeAsate le tene hem: 'C' = Copy without ettechment/ enclosure "E" = Copy with attachment / enclosure *N" = No copy 0FFICE PM:PDST:DRPM l PM:PDST:DRPM,l OGC ( D:PDST:DRPM l NAME SQNinhtsg DCScalettill)# MPSiemien (YiM TRQuay DATE 09) /96 1 09/ZV96 S"] )$f 3/96 108/ 7 /96 _

9 0FFICIAL RECORD COPY

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

cc: Mr. Rob Wallace Mr. Brian McIntyre GE Nuclear Energy Westinghouse Electric Corporation 1299 Pennsylvania Avenue, N.W. Energy Systems Business Unit Suite 1100 Box 355 Washington, DC 20004 Pittsburgh, PA 15222. t i 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 Mr. Robert H. Buchholz I GE Nuclear

• Energy 175 Curtner Avenue, MC-781 San Jose, CA 95125 Mr. Steven A. Hucik GE Nuclear Energy 175 Curtner Avenue, MC-780 San Jose, CA 95125 Mr. Tom J. Mulford, Manager SBWR Design Certification Electric Power Research Institute 3412 Hillview Avenue Palo Alto, CA 94304-1395