ML20129F618

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Advises That Giraffe Sbwr Sys Interactions Test Rept Will Be Withheld from Public Disclosure Ref 10CFR2.790, Per 960617 Request
ML20129F618
Person / Time
Site: 05200004
Issue date: 10/02/1996
From: Son Ninh
NRC (Affiliation Not Assigned)
To: Quinn J
GENERAL ELECTRIC CO.
References
NUDOCS 9610070005
Download: ML20129F618 (3)


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r g NUCLEAR REGULATORY COMMISSION 2 WASHINGTON, D.C. 30666-0001 k...../ October 2,1996 Mr. James E. Quinn, Projects Manager LMR and SBWR Programs GE Nuclear Energy 175 Curtner Avenue, M/C 165 San Jose, California 95125 SUSIECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GENERAL ELECTRIC (GE) GIRAFFE SIMPLIFIED BOILING WATER REACTOR (SBWR) SYST INTERACTIONS TEST REPORT

Dear Mr. Quinn:

By your letter dated June 17, 1996, you submitted the " GIRAFFE SBWR System Interactions Test Report" and requested that it ba 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 June 13, 1996, which claims in part that the information identified by bar in the right-side margins is classified as proprietary because it contains detailed results of the 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:

I.

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 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 test report contains trade secrets or proprietary commercial information. Therefore, the subject " GIRAFFE SBWR System Interactions Test Report," dated June 1996, will be withheld from public diselesure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. The nonproprietary version of this document has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room.

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9610070005 961002 PDR ADOCK 05200004 A PDR

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Mr. James E. Quinn Octobe 2,1996 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 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, 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 DScaletti WDean, ED0 EJordan, T-4 D18 JMoore, 0-15 818 ACRS (11) MPSiemien, 0-15 B18 DOCUMENT ve NAME:.mA: PROP-GE.57 (3C SBWR DISK)

.e . ,y ., ini. . i . n. i .: c = copy iinoui .it.chment/.nclosure *E' = Copy w6th .ttachment/ enclosure "N" = No copy 0FFICE PM:PDST:DRPM PM:PDST:DRPM OGC -l/~ D:PDST:DRPM NAME SQNielh:sg DCScalettillyk MPSiemien W O TRQuayTW4 DATE 09//)/96 09//?//96 f/ (t/l/96 Of/2 /96 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 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 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