ML20129G584

Advises That,Data Transmittal for Giraffe Helium Tests H1 & H2,as Requested by Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of 1954 AEA

ML20129G584
Person / Time
Site:	05200004
Issue date:	10/02/1996
From:	Son Ninh NRC (Affiliation Not Assigned)
To:	Quinn J GENERAL ELECTRIC CO.
References
NUDOCS 9610070226
Download: ML20129G584 (3)

Text

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UNITED STATE 3 i s*  ; NUCLEAR RECULATORY COMMISSION - l t WASHINGTON, D.C. 30eeH001 j i ,$

% October 2, 1996 i

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Mr. James E. Quinn, Projects Manager DUt and 58WR Programs i GE Nuclear Energy l

i 175 Curtmer Avenue, M/C 165  ;

j San Jose, California 95125 4

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SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GENERAL $

ELECTRIC (GE) DATA TRANSMITTAL FOR GIRAFFE HELIUM TESTS HI AND H2 i

! By your letter dated February 15, 1996, you submitted the test results for the '

j GIRAFFE Helium tests H1 and H2, and requested that they be withheld from j public disclosure. This request was made in accordance with 10 CFR 2.790 and ,

is supported by affidavit executed by Michael A. Smith, dated February 15, 1996, which claims in part that the nine computer disks and information l

! identified by a bar in the right-side margin are classified as proprietary '

because they contain detailed results of the Simplified Boiling Water Reactor

(58WR) 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 the following reasons for

maintaining the information as proprietary

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1. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GE's competi- 1 i tors without license from GE constitutes a competitive economic advantage j over othr,r companies; 4  ;

j 2. Infonsation which, if used by a competitor, would reduce his expenditures r

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

, similar product; i

3. Information which reveals aspects of past, present, or future GE customer- l l funded development plans and programs, of potential commercial value to 1

GE.

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' We have reviewed your 1ctter 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 results contain trade secrets or proprietary commercial information. Therefore, the subject data transmittal for GIRAFFE Helium tests H1 and H2 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.

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,: l grf32 9610070226 961002 i

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, Mr.$amesE.Quinn October 2, 1996 t

Withholding' from public inspection shall not affect the right, if any, of Jpersons properly and directly concerned to inspect the document. If the need arises, we ma'y' 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.

r 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 l 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, j l

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 B18 ACRS (11) MPSiemien, 0-15 B18 4

DOCUMENT NAME: A: PROP-GE.49 (2B SBWR D ISK).n.ch,n.nu.nce.

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OFFICE PM:PDST:WtRM OGC C D:PDST:DRPM NAME DCScaleti U4g MPSiemien AYN TRQuay ir2q DATE 09/b'l/9(T/ M/ l /96 <09/>/96 0FFIC;.AL RECORD COPY

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

cc: Mr. Rob Wallace Mr. Brian F *1 tyre GE Nuclear Energy Westinghu;;e Electric Corporation !

1299 Pennsylvania Avenue, N.W. Energy Systems Business Unit ,

Suite 1100 Box 355 l i Washington, DC 20004 Pittsburgh, PA 15222 4

l Director, Criteria & Standards Division j Office of Radiation Programs

U.S. Environmental Protection Agency

! 401 M Street, S.W.

Washington, DC 20460 l Mr. Sterling Franks

U.S. Department of Energy

NE-42 l Washington, DC 20585 i

a Mr. Robert H. Buchholz l GE Nuclear Energy

175 Curtner Avenue, MC-781 j San Jose, CA 95125 l

, Mr. Steven A. Hucik j GE Nuclear Energy 175 Curtner Avenue, MC-780 4

San Jose, CA 95125 j Mr. Tom J. Mulford, Manager 4

SBWR Design Certification

! Electric Power Research Institute 3412 Hillview Avenue l Palo Alto, CA 94304-1395 k

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