ML20129C288

Informs of Review & Determination That Info Identified in Apparent Test Results Contain Trade Secrets or Proprietary Commercial Info & Will Be Withheld from Public Disclosure

ML20129C288
Person / Time
Site:	05200004
Issue date:	10/21/1996
From:	Scaletti D NRC (Affiliation Not Assigned)
To:	Quinn J GENERAL ELECTRIC CO.
References
NUDOCS 9610230276
Download: ML20129C288 (3)

Text

-. - . . -. . - . . .- .- . . . - . . . .. - - , -

p pg% UNITED STATES

i. g } NUCLEAR REGULATORY COMMISSION i

g & WASHINGTON, D.C. 3000H001

,,,,, October 21, 1996 Mr. James E. Quinn, Projects Manager -

'LMR and $8WR 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) PANDA STEADY-STATE TESTS 910-S13, PCC PERFORMANCE, APPARENT TEST RESULTS (ATRs)

Dear Mr. Quinn:

l By a letter dated February 22, 1996, and a followup letter dated October 11, 1996, GE Nuclear Energy (GE) submitted the subject ATRs and requested that

~they be withheld from public disclosure. The request was made in accordance  ;

with 10 CFR 2.790 and is sup)orted by affidavit, executed by Joseph F. Quirk,

~

dated October 11, 1996, whic) claims in part that the information identified by a bar in the right-side margin is classified as' proprietary because it contains Simplified Boiling Water Reactor (SBWR) test facility test results for use in conjunction with TRACG qualification analysis results and scaling information on SBWR testing. The SBWR TRACG and testing programs have been under development by GE and its associates for more than seven years, at a total cost of tens of million of dollars. In addition, the affidavit identify 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 General

. 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 f of resources or improve his competitive position in the design, manufac-ture, shipment, installation, assurance of quality, or licensing of a i similar product.

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

d We have reviewed your letters and the material in accordance with the require- '

< ments of 10 CFR 2.790 and, on the basis of your statements and your recently '

submitted affidavit, have determined that the information identified in the subject ATRs contains trade secrets or proprietary commercial information.

Therefore, the subject ATRs 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 l

' amended. ,

230083 NN

.9610230276 961021 PDR ADOCK 05200004 P PDR

l

.. i Mr. James'E. Quinn October 21, 1996 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 Nuclear Regulatory Commission (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 from you or makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, d + original signed by:

^

e. , , , , Dino C. Scaletti, Project Manager

].'

Standardization Project Directorate

,s , .

Division of Reactor Program Management .

• Office of Nuclear Reactor Regulation

" ([.  : . -

i

• Docket',No.52-004 .. l cc:

• See,next p' age

DISTRIBUT ONi- .

Docket File , PDST R/F TMartin PUBLIC DMatthews TQuay l DScaletti WDean, EDO EJordan, T-4 D18 JMoore, 0-15 B18 ACRS (11) MPSiemien, 0-15 B18 DOCUMENT NAME: A: PROP-GE.61 (3C SBWR DISK)

' n m . n .: m. we w a. wm c . con wem.oi .n. chm.ou.new. r con .. n. chm.nu.nclosw. "N* - Peo copy 0FFICE PM;PDST:DRPM _

PM:PDST:DRPM- OGC r. D:PDST:DRPR l l NAME DCScaietti: sd W-, DCSca M ti MPSiemien hN TRQuay #9 7 DATE 09/// /96 F/ 097 /96 (#K(/96 .A9/jl/96 M P - 0FFICIAL PECORD COPY F f

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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 'ittsburgh, 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 i U.S. Department of Energy NE-42 Washington, DC 20585 Mr. Robert H. Buchholz GE Nuclear Energy 175 Curtner Avenue, MC-781 San Jose, CA 95125 Mr. Steven A. Hucik ,

GE Nuclear Energy 1 175 Curtner Avenue, MC-780 l San Jose, CA 95125 Mr. Tom J. Mulford, Manager i SBWR Design Certification l i

Electric Power Research Institute 3412 Hillview Avenue Palo Alto, CA 94304-1395 1

l i

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