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Category:CORRESPONDENCE-LETTERS
MONTHYEARML20248E1991998-05-28028 May 1998 Informs That Staff Has Identified Six Ltrs (Enclosed) to GE Re Potential Proprietary Disclosure.Ltrs Specifically Requested That GE Review Encl to Determine If Contained GE Proprietary Info.Encl Withheld ML20247R4901998-05-20020 May 1998 Informs That Encl Staff Rept That Was Attached to Has Been Reviewed & Contains No GE Proprietary Info.W/O Encl ML20247M6911998-05-18018 May 1998 Forwards Staff Review of Rept, Giraffe Sbwr Sys Interactions Test Rept, (NEDC-3254OP,Revision-0).Informs That Review of Sbwr Was Terminated in 1996 ML20247M7021998-05-18018 May 1998 Forwards Staff Review of General Electric Panthers - IC Test Rept (Siet 00458RP95).Informs That Sbwr Was Terminated in 1996 ML20134L3181996-11-19019 November 1996 Advises That GE Pathers/Ic ATRs Submitted w/951025 Ltr Will Be Withheld from Public Disclosure Ref 10CFR2.790,based on Review of Listed Reasons for Maintaining Info as Proprietary ML20134F3861996-11-0101 November 1996 Ack Receipt of Informing NRC of Steps Taken to Correct Violations Noted in Insp 99900403/96-01 on 960708 ML20134D6271996-10-25025 October 1996 Provides Sbwr - Panthers/Ic Apparent Test Results,Phase 1 Affidavit Supporting Request to Withhold Info from Public Disclosure ML20129C2881996-10-21021 October 1996 Informs of Review & Determination That Info Identified in Apparent Test Results Contain Trade Secrets or Proprietary Commercial Info & Will Be Withheld from Public Disclosure ML20128M7491996-10-11011 October 1996 Provides Affidavit to Tests & Requests That NRC Accepts Request to Withhold Sbwr Panda steady-state Test S10-S13 Pcc Performance from Public Disclosure ML20128H4971996-10-0707 October 1996 Advises That GE Giraffe Sys Apparent Test Results Repts Will Be Withheld from Public Disclosure Ref 10CFR2.790,per 960321 Request ML20128H5141996-10-0707 October 1996 Informs That Licensee 951212 Request That GE Panda steady- State Tests S1 Through S6 Pcc Performance Apparent Test Results,Rev 1 Be Withheld from Public Disclosure,Per 10CFR2.790,granted ML20128H5301996-10-0707 October 1996 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 ML20129F5031996-10-0303 October 1996 Advises That Info Submitted in 960109 Rept Entitled, Post-Test Calculations of Panda Pcc Steady-State Test, Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954 ML20129F5061996-10-0303 October 1996 Advises That Info Submitted in 960109 Rept Entitled, Panther/Ic Apparent Test Results Phase 3, Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEC of 1954 ML20129E8831996-10-0202 October 1996 Informs That GE Panda Steady-State Tests Data Transmittal Rept Will Be Withheld from Public Disclosure,Per 10CFR2.790 (b)(5) & Section 103(b) of AEA of 1954,as Amended ML20129F6181996-10-0202 October 1996 Advises That Giraffe Sbwr Sys Interactions Test Rept Will Be Withheld from Public Disclosure Ref 10CFR2.790, Per 960617 Request ML20129F6341996-10-0202 October 1996 Advises That Panthers/Ic Atrs Will Be Withheld from Public Disclosure Ref 10CFR2.790,per 960222 Request ML20129G5841996-10-0202 October 1996 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 ML20129E6361996-10-0101 October 1996 Advises That GE Panda Transient Integral Test Data Transmittal Repts Will Be Withheld from Public Disclosure Ref 10CFR2.790,per 960816 Request ML20129E8681996-10-0101 October 1996 Informs That Licensee 960222 Request to Withhold GE Panda Steady-State Tests S10-S13 Performance from Public Disclosure Per 10CFR2.790.Request Denied Because No Affidavit Was Submitted ML20129G6311996-10-0101 October 1996 Advises That Giraffe Helium Series Test Rept,As Requested by Will Be Withheld from Public Disclosure Per 10CFR2.790(b)(5) & Section 103(b) of 1954 AEA ML20248F3891996-07-31031 July 1996 Forwards Rept on Staff Evaluation of GE Tracg Model Description,Rev 1,related to Containment Area,In Response to ML20115D0441996-07-11011 July 1996 Forwards Nonproprietary NEDO-32608, Giraffe Sbwr Helium Series Test Rept. Proprietary Rept Submitted by GE ML20115C4601996-07-0808 July 1996 Addresses Nonconformances Noted in Insp Rept 99900403/96-01 Re Panda Testing.C/A:Apparent Test Results Repts (ATR) Which Contains All Info Specified in ATRs in Test Spec & Test Plans Issued for Listed Tests ML20113C2071996-06-27027 June 1996 Forwards NEDO-32540, Giraffe Sbwr Sys Interactions Test Rept ML20113B5661996-06-24024 June 1996 Forwards Proprietary Test Rept for Giraffe Helium Series Tests.Test Procedures & Instrumentation Drawings Encl.Encls Withheld Per 10CFR2.790 ML20113A0111996-06-17017 June 1996 Forwards Proprietary Rev 0 of NEDC-32540P, Giraffe Sbwr Sys Interactions Test Rept. Transmittal Satisfies Items 38 & 39 of GE Re Updated Status of Test Documentation Submittals.Encl Withheld (Ref 10CFR2.790) ML20117M9651996-06-14014 June 1996 Forwards non-proprietary Rev 0 to Siet 00458RP95, PANTHERS-IC Test Rept ML20112J0791996-06-14014 June 1996 Forwards Proprietary Version of Rev 0 to 00458RP95, PANTHERS-IC Test Rept. Rept Prepared for GE by Siet S.P.A Under Contract to Enea.Rept Withheld from Public Disclosure Per 10CFR2.790 ML20117K7091996-06-10010 June 1996 Requests 30 Day Extension Until 960710 to Respond to NRC Re Nonconformances & Unresolved Items Noted in Insp Rept 99900403/96-01 on 960305-08 ML20112G6711996-06-0707 June 1996 Forwards Responses to NRC Questions & Comments Re Rev 1 of GE Scaling Rept NEDC-3228P, Scaling of Sbwr Related Tests ML20117H4561996-05-22022 May 1996 Clarifies Charges for TAC M84214,GE Sbwr - RAI - Initial Test Program (Chapter 14) on Invoice XM0439-96,dtd 960429 ML20117F5711996-05-14014 May 1996 Requests That Je Leatherman Be Removed from Svc List & Rh Buchholz Be Added ML20108B8451996-04-26026 April 1996 Requests Addl Review of Repts by Nrc,Per Input Provided by Domestic & Intl Utils to Go Further than Indicated in GE 960304 & 13 Ltrs W/Efforts on Tracg Qualification for Sbwr Application.Utils,Epri & GE Desire to Meet W/Nrc on 960528 ML20107A4681996-04-10010 April 1996 Requests Copies of English Translations of Repts on Par, to Facilitate Sbwr Review ML20101Q6961996-04-10010 April 1996 Forwards non-proprietary Apparent Tests Results (ATR) Repts for Helium Tests & tie-back Tests ML20101F8871996-03-21021 March 1996 Forwards Proprietary Apparent Test Results Rept (ATR) Sys Interaction Tests (Sit).Proprietary Repts Withheld (Ref 10CFR2.790) ML20101F2981996-03-20020 March 1996 Forwards Latest Revs of Panda Project Control Plan & QA Procedures ML20101B7591996-03-14014 March 1996 Advises That GE Redirecting Focus of Simplified BWR Programs from Plants of 670 Mwe Size to Plants of 1,000 Mwe or Larger ML20101C4731996-03-14014 March 1996 Forwards Proprietary & Nonproprietary Apparent Test Results Rept for Four Helium Tests & Two tie-back Tests.Proprietary Repts Withheld Per 10CFR2.790.Affidavit Encl ML20101B7381996-03-13013 March 1996 Discusses Redirecting Focus of Sbwr Programs from 670 Mwe Size to 1,000 Mwe or Larger Size Plants Reducing Activity Level on Tracg Effort as It Applies to 670 Mwe Plant ML20101B7501996-03-12012 March 1996 Discusses Sbwr Closure of Vacuum Breaker Test Program ML20100N9301996-03-0404 March 1996 Informs That GE Redirecting Focus of Sbwr Program from Plants of 670 Mwe Size to Plants of 1,000 Mwe or Larger. Listing of Open Activities,Desired Closure Objective & Schedule Encl ML20101B8011996-02-26026 February 1996 Discusses Sbwr Re NRC Site Visit & Insp to Panda,Ansaldo & Dodewaard ML20100J0321996-02-23023 February 1996 Submits non-proprietary Sbwr Highlights & GE Slides from NRC 960215 Meeting ML20100J0141996-02-23023 February 1996 Forwards Proprietary Sbwr Highlights & GE Slides from NRC 960215 Meeting.Encl Withheld ML20149K0521996-02-15015 February 1996 Forwards Proprietary Test Results for Giraffe Helium Tests H1 & H2.Attachment 1 to Ltr Provides List of Instruments Included on Computer Disk.Encl Withheld (Ref 10CFR2.790) ML20097F7101996-02-15015 February 1996 Forwards Sbwr Status & Schedule 960214 & Payments Made to NRC for Last Four Yrs,In Response to Ref Telcon Requests ML20100J4041996-02-12012 February 1996 Transmits Proprietary Rev 1 to Licensing Technical Rept NEDE-32176P, Tracg Model Description Open Items.Encl Withheld ML20100G8361996-02-12012 February 1996 Forwards Proprietary Rev 1 to Topical Rept NEDE-32176P, Tracg Model Description. Rev 1 to Topical Rept NEDE-32176P Withheld 1998-05-28
[Table view] Category:INCOMING CORRESPONDENCE
MONTHYEARML20247R4901998-05-20020 May 1998 Informs That Encl Staff Rept That Was Attached to Has Been Reviewed & Contains No GE Proprietary Info.W/O Encl ML20134D6271996-10-25025 October 1996 Provides Sbwr - Panthers/Ic Apparent Test Results,Phase 1 Affidavit Supporting Request to Withhold Info from Public Disclosure ML20128M7491996-10-11011 October 1996 Provides Affidavit to Tests & Requests That NRC Accepts Request to Withhold Sbwr Panda steady-state Test S10-S13 Pcc Performance from Public Disclosure ML20115D0441996-07-11011 July 1996 Forwards Nonproprietary NEDO-32608, Giraffe Sbwr Helium Series Test Rept. Proprietary Rept Submitted by GE ML20115C4601996-07-0808 July 1996 Addresses Nonconformances Noted in Insp Rept 99900403/96-01 Re Panda Testing.C/A:Apparent Test Results Repts (ATR) Which Contains All Info Specified in ATRs in Test Spec & Test Plans Issued for Listed Tests ML20113C2071996-06-27027 June 1996 Forwards NEDO-32540, Giraffe Sbwr Sys Interactions Test Rept ML20113B5661996-06-24024 June 1996 Forwards Proprietary Test Rept for Giraffe Helium Series Tests.Test Procedures & Instrumentation Drawings Encl.Encls Withheld Per 10CFR2.790 ML20113A0111996-06-17017 June 1996 Forwards Proprietary Rev 0 of NEDC-32540P, Giraffe Sbwr Sys Interactions Test Rept. Transmittal Satisfies Items 38 & 39 of GE Re Updated Status of Test Documentation Submittals.Encl Withheld (Ref 10CFR2.790) ML20112J0791996-06-14014 June 1996 Forwards Proprietary Version of Rev 0 to 00458RP95, PANTHERS-IC Test Rept. Rept Prepared for GE by Siet S.P.A Under Contract to Enea.Rept Withheld from Public Disclosure Per 10CFR2.790 ML20117M9651996-06-14014 June 1996 Forwards non-proprietary Rev 0 to Siet 00458RP95, PANTHERS-IC Test Rept ML20117K7091996-06-10010 June 1996 Requests 30 Day Extension Until 960710 to Respond to NRC Re Nonconformances & Unresolved Items Noted in Insp Rept 99900403/96-01 on 960305-08 ML20112G6711996-06-0707 June 1996 Forwards Responses to NRC Questions & Comments Re Rev 1 of GE Scaling Rept NEDC-3228P, Scaling of Sbwr Related Tests ML20117H4561996-05-22022 May 1996 Clarifies Charges for TAC M84214,GE Sbwr - RAI - Initial Test Program (Chapter 14) on Invoice XM0439-96,dtd 960429 ML20117F5711996-05-14014 May 1996 Requests That Je Leatherman Be Removed from Svc List & Rh Buchholz Be Added ML20108B8451996-04-26026 April 1996 Requests Addl Review of Repts by Nrc,Per Input Provided by Domestic & Intl Utils to Go Further than Indicated in GE 960304 & 13 Ltrs W/Efforts on Tracg Qualification for Sbwr Application.Utils,Epri & GE Desire to Meet W/Nrc on 960528 ML20101Q6961996-04-10010 April 1996 Forwards non-proprietary Apparent Tests Results (ATR) Repts for Helium Tests & tie-back Tests ML20107A4681996-04-10010 April 1996 Requests Copies of English Translations of Repts on Par, to Facilitate Sbwr Review ML20101F8871996-03-21021 March 1996 Forwards Proprietary Apparent Test Results Rept (ATR) Sys Interaction Tests (Sit).Proprietary Repts Withheld (Ref 10CFR2.790) ML20101F2981996-03-20020 March 1996 Forwards Latest Revs of Panda Project Control Plan & QA Procedures ML20101B7591996-03-14014 March 1996 Advises That GE Redirecting Focus of Simplified BWR Programs from Plants of 670 Mwe Size to Plants of 1,000 Mwe or Larger ML20101C4731996-03-14014 March 1996 Forwards Proprietary & Nonproprietary Apparent Test Results Rept for Four Helium Tests & Two tie-back Tests.Proprietary Repts Withheld Per 10CFR2.790.Affidavit Encl ML20101B7381996-03-13013 March 1996 Discusses Redirecting Focus of Sbwr Programs from 670 Mwe Size to 1,000 Mwe or Larger Size Plants Reducing Activity Level on Tracg Effort as It Applies to 670 Mwe Plant ML20101B7501996-03-12012 March 1996 Discusses Sbwr Closure of Vacuum Breaker Test Program ML20100N9301996-03-0404 March 1996 Informs That GE Redirecting Focus of Sbwr Program from Plants of 670 Mwe Size to Plants of 1,000 Mwe or Larger. Listing of Open Activities,Desired Closure Objective & Schedule Encl ML20101B8011996-02-26026 February 1996 Discusses Sbwr Re NRC Site Visit & Insp to Panda,Ansaldo & Dodewaard ML20100J0141996-02-23023 February 1996 Forwards Proprietary Sbwr Highlights & GE Slides from NRC 960215 Meeting.Encl Withheld ML20100J0321996-02-23023 February 1996 Submits non-proprietary Sbwr Highlights & GE Slides from NRC 960215 Meeting ML20097F7101996-02-15015 February 1996 Forwards Sbwr Status & Schedule 960214 & Payments Made to NRC for Last Four Yrs,In Response to Ref Telcon Requests ML20149K0521996-02-15015 February 1996 Forwards Proprietary Test Results for Giraffe Helium Tests H1 & H2.Attachment 1 to Ltr Provides List of Instruments Included on Computer Disk.Encl Withheld (Ref 10CFR2.790) ML20100G8361996-02-12012 February 1996 Forwards Proprietary Rev 1 to Topical Rept NEDE-32176P, Tracg Model Description. Rev 1 to Topical Rept NEDE-32176P Withheld ML20100J4041996-02-12012 February 1996 Transmits Proprietary Rev 1 to Licensing Technical Rept NEDE-32176P, Tracg Model Description Open Items.Encl Withheld ML20097D1631996-02-0101 February 1996 Advises That Charges on TACs M84204 & M84214 Appear Inappropriate as Review of Sbwr Ssar Chapters 4 & 14 Were Stopped Months Before 951001-951223 Period & No Chapter 4 RAIs Have Been Received ML20117P2221996-01-27027 January 1996 Forwards Final Rept Thermal Properties of Concrete at High Temps, ML20096G5611996-01-18018 January 1996 Requests Withdrawal of Proprietary Version of TRACG02V User'S Manual & Associated Affidavit ML20096B8531996-01-0909 January 1996 Forwards Proprietary Info Re Sbwr - Panthers/Ic Apparent Test Results,Per .Encl Withheld (Ref 10CFR2.790) ML20096C0641996-01-0909 January 1996 Forwards Proprietary Responses to RAIs Re Sbwr License TR NEDE-32177P (Tracg Qualification).Responses Withheld Per 10CFR2.790 ML20095J5441995-12-18018 December 1995 Forwards Rev 0 to NEDO-32288, Scaling of Sbwr Related Tests ML20095G8551995-12-13013 December 1995 Requests Removal of Westinghouse TR WCAP-14416 from Sbwr Docket Stn 52-004 ML20094Q6061995-11-29029 November 1995 Forwards Nonproprietary Handouts Presented by GE During 951128 & 29 ACRS Thermal Hydraulic Subcommittee Meeting in San Jose,Ca ML20094Q7271995-11-29029 November 1995 Forwards Proprietary GE Handouts During Meeting for 951128 & 29 ACRS Thermal & Hydraulic Subcommittee in San Jose,Ca. Handouts Withheld Per 10CFR2.790 ML20100E1251995-11-10010 November 1995 Forwards Rev 1 to NEDO-32391,Suppl 1, Sbwr Test & Analysis Program Description Suppl 1 - Discussion of Pirt Parameters ML20094Q0061995-11-0808 November 1995 Forwards non-proprietary Version of RAI on Sbwr Design, ML20094P1841995-11-0707 November 1995 Responds to NRC Re GE 950216 Request for Exemption of Sbwr Drywell to Wetwell Vacuum Breaker from Single Failure Criteria ML20094E0411995-11-0101 November 1995 Forwards Nonproprietary Version of Tracg Containment Model Road Map as Agreed to at 950821 & 22 Meeting ML20094D0651995-10-31031 October 1995 Forwards Proprietary Response to RAI Re Simplified BWR, Including Questions Q901.75-78,81,82,84-88,92,95-102,105- 127,132-143,146-150 & 152-158.Encl Withheld (Ref 10CFR2.790) ML20095B0981995-10-31031 October 1995 Addresses NRC Unresolved Items Documented in Insp Rept 99900404/95-02 ML20094E8521995-10-27027 October 1995 Forwards Nonproprietary Version of Ref 2,in Response to NRC Ref 1 Request Re Sbwr Design, ML20094E7691995-10-26026 October 1995 Informs That First & Third Noted Handouts Should Be Reclassified as non-proprietary.Second & Fourth Noted Handouts Should Continue to Be Classified as Proprietary ML20094D0361995-10-26026 October 1995 Forwards Nonproprietary Response to Rea on Licensing Topical Repts NEDE-32176P,NEDE-32177P & NEDE-32178P ML20095L7781995-10-25025 October 1995 Forwards Proprietary Panthers/Ic Apparent Test Results, Phase 1.Encl Withheld 1998-05-20
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9-GENuclearEnergy 1 MRnY$B Yr grays 75$Urtn rA enue 165 San Jose. CA 95125-1014 408 925-1005 (phone) 408 925-3991 (facsirrde)
October 25,1996 MFN 172-96 l Docket 52-004 Document Control Desk i U. S. Nuclear Regulatory Commission Washington DC 20555 Attention: Theodore E. Quay, Director Standardization Project Directorate
Subject:
SBWR - PANTilERS/IC Apparent Test Results (ATRs), Phase 1 Affidavit
Reference:
- 1. Letter MFN 246-95 from J. E. Quinn (GE) to T. E. Quay (NRC), SBWR -
PANTHERS'IC Apparent Test Results (ATRs), Phase 1 (Proprietary), dated October 25,1995.
- 2. Letter from S. Q. Ninh (NRC) to J. E. Quinn (GE), Requestfor Withholding Information From Public Disclosure, General Electric PAN 1HERS/IC Apparent Test Residts, Phase 1), dated October 2,1996.
Reference 1 previously supplied the Apparent Test Results Reports (ATRs) for the PANTHERS /IC Phase 1 Tests and requested that the reports be withheld from public disclosure.
Reference 2 indicated that Reference 1 did not include an aflidavit supponing the request. This letter is to provide the affidavit and request that you accept our request to withhold these reports 1 from public disclosure.
Please contact John Torbeck of our staff on 408-925-6101 if you have any questions regarding the attachment.
Sincerely, ;
M p James E. Quinn, Projects Manager 1
ij
Attachment:
J. F. Quirk Affidavit, dated October 25,1996 4
hfhO 9610300084 961025 i PDR ADOCK 05200004 A PDR 300003
G GENuclearEnergy cc: P. A. Boehnert (NRC/ACRS) (2 paper copies plus E-Mail w/o att.)
- 1. Catton (ACRS) (1 paper copy plus E-Mail w/o att.)
S. Q. Ninh (NRC) (2 paper copies plus E-Mail w/o att.))
D. Scaletti (NRC) (1 paper copy. plus E-Mail w/o att.)
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9 GENuclearEnergy l MFN 172-96 ;
i bec: (E-Mail w/o att.except as noted) ,
R. H. Buchholz i j T. Cook (doe) (2 paper copies plus E-Mail w/o att.) l l R. T. Fernandez (EPRI) l l J.N. Fox ;
l R. E. Gamble .
- P. C. Hecht l l J. E. Quinn T. J. Mulford (EPRI) (2 paper copies plus E-Mail w/o att.)
F. A. Ross (doe)
B. Shiralkar R. Srinivasan (EPRI)
J. E. Torbeck GE Master File (1 paper copy plus E-Mail w/o att.) f SBWR Project File (1 paper copy plus E-Mail w/o att.) ;
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1 . . . .
l General Electric Company )
l AFFIDAVIT l 1, Joseph F. Quirk, being duly sworn, depose and state as follows:
l (1) I am Joseph F. Quirk, Project Manager, ABWR Certification, General Electric Company
("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholdmg.
(2) GE is an owner of the information sought to be withheld. The information sought to be l
withheld is in the SIET reports PANTHERS /IC Apparent Test Results (ATRs) Reports for tests: HSD03, HSD09, HSD10, HSD12, T02, T03, T04, T05, T06, T07_l, T08, T09, T10, Tl1, T14, T15, T17_A, T17_B, T17_C, T17_D, and T17_E. The proprietary information is j delineated by a "GE PROPRIETARY" stamp on the applicable pages.
(3) In making this application for withholding of proprietary information, GE relies upon the i exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC .
i Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial l information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all " confidential commercial information", and some portions also qualify under the narrower definition of " trade secret",
within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, l respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission. 975F2d871 l (DC Cir.1992), and Public Citizen Health Research Group v. FDA,704F2dl280 (DC Cir.
! 1983).
(4) Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by GE's competitors without license from GE l
l constitutes a competitive economic advantage over other companies; i
- b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;
- c. Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of GE, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future GE customer-funded development plans and programs, of potential commercial value to GE; 4
UdSBWR-BB\stdamd. doc Amdavit Page 1 l
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- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a., (4)b. and (4)d., above.
l (5) The information sought to be withheld is being submitted to NRC in confidence. The i information is of a sort customarily held in confidence by GE and its associates, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE and its associates, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the i component to whom the work was provided, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such l l documents within GE is limited on a "need to know" basis. j (7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his delegate), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate l need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information identified in paragraph (2), above, is classified as proprietary because it contains 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 l programs have been under development by GE and its associates for more than seven years, at a total cost of tens of millions of dollars.
l A substantial efTort has been expended by GE and its associates to perform and evaluate tests, perform TRACG qualification analyses for the tests, and perform scaling analyses to ensure the validity of the tests.
The development of the test evaluation process along with the interpretation and application of the test results is derived from the extensive experience database that constitutes a major asset to GE and its associates.
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i (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE and itc associates' comprehensive BWR l technology base, and its commercial value extends beyond the original development cost.
l The value of the technology base goes beyond the extensive physical database and analytical l
methodology. This includes development of the expertise to analyze the facilities, and determine, scale and evaluate the appropriate tests.
l The research, development, engineering, and analytical costs comprise a substantial investment of time and money by GE and its associates.
l l The precise value of the expertise to devise a test program, and apply the correct analytical l methodology and design changes (as needed) is difficult to quantify, but it clearly is substantial.
! GE and its associates' competitive advantage will be lost ifits competitors are able to use the l
testing and code qualification results of GE and its associates to determine or verify their own designs, or if they are able to claim an equivalent understanding by demonstrating that they can perform the same or similar tests and analyses.
i l The value of this information to GE and its associates would be lost if the information were j disclosed to the public. Making such information available to competitors without their i having been required to undertake a similar expenditure of resources would unfairly provide .
competitors with a windfall, and deprive GE of the opponunity to exercise its competitive j
. advantage to seek an adequate return on its large investment in developing these very valuable testing and qualification programs. )
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I STATE OF CALIFORNIA )
) ss:
COUNTY OF SANTA CLARA ) I l
Joseph E Guirk, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at San Jose, California, this day of 1996.
/' .
~>
epHE QuirkW i ' neral Electric Company Subscribed and sworn before me this Ob day of hdEh 1996.
PAULA F. HUSsEY COMM. #1046120 7
-} Notary Pub 8c - Confomia k -
1 sAf3A CLARA COUNTY y '
~ ~ LhdM-
.j My Comm. Eg*m DEC 1,1W8 l Nota'ry Public, State of California 0
,w--- ------ m 1
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