ML20134L318

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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
ML20134L318
Person / Time
Site: 05200004
Issue date: 11/19/1996
From: Scaletti D
NRC (Affiliation Not Assigned)
To: Quinn J
GENERAL ELECTRIC CO.
References
NUDOCS 9611200254
Download: ML20134L318 (3)


Text

- _ _ . _ . ._. . _ ._ . _ _ _ _ ._ _ _ _ _ . _ _ . _ . . _ _ _ _ _ - _ _ _

puseu ' n oty :

i y 4" UNITED STATES i E

NUCLEAR REGULATORY COMMISSION i_. =f WASHINGTON, D.C. 30ee64001 k.w...,/ November 19, 1996 i

Mr. James E. Quinn, Projects Manager LMR and SBWR Programs General Electric Nuclear Energy San Jose, California 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, GENER ELECTRIC PATHERS/IC APPARENT TEST RESULTS (ATRs)

Dear Mr. Quinn:

By a letter dated October 25, 1995, and a followup letter dated October 25, 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 supported by' affidavit, executed by Joseph F. Quirk, dated October 25, 1996, which claims in part that the information identified by a 'GE proprietary" stamp is classified as proprietary because it contains ,

the Simplified Boiling Water Reactor (SBWR) test facility test results for use in conjunction with TRACG qualification analysis results and scaling informa-tion 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 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 General Electric customer-funded development plans and programs, of potential commercial value to General Electric.

We have reviewed y a letters and the material in accordance with the require-ments of 10 CFR 2.790 e.d. on the basis of your statements and your Octo-ber 25, 1996, affidavit, have determined that the information identified in the subject ATRs for tests HSD03, HSD09, HSD10, HSD12, T02, T03, T04, TOS, T06, T07.1, T08, T09, T10, Tll, T14, T15. T17.A, T17.8, T17.C, T17.0, and T17.E 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 amended.

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l i Mr. James E. Quinn November 19, 1996 f

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, original signed by:

Dino C. Scaletti, Project Manager Standardization Project Directorate Division of Reactor Program Management Office of Nuclear Reactor Regulation Docket No.52-004 cc: See next page DISTRIBUTION:

10ecket M le y PDST R/F TMartin PUBLIC DMatthews TQuay DScaletti WDean, ED0 EJordan, T-4 018 JMoore, 0-15 B18 ACRS (11) MPSiemien, 0-15 B18 DOCUMENT NAME: A:GE PROP .MLM (3C SBWR DISK)

Ya sessive a copy of this deewnneet.Tnecate Ethe ham: "C" = Copy without attachment /encloswo *E* = Copy with attachment /encloswa *N" = No copy 0FFICE PM:PDST:DRPM- OGC C/ D:PDST:DRPM L l l NAME DCScaletttisi MPSiemien %bM TRQuay S W 11/4 /96i 11/'l /96 / @ 11/$/96 DATE i

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

! 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 t Washington, DC 20004 Pittsburgh, PA 15222 Director, Criteria & Standards Division Office of Radiation Programs U.S. Environmental Protection Agency l 401 M Street, S.W.

Washington, DC 20460 Mr. Sterling Franks l U.S. Department of Energy l NE-42 l Washington, DC 20585 1

Mr. Robert H. Buchholz l 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 i SBWR Design Certification Electric Power Research Institute l I

3412 Hillview Avenue Palo Alto, CA 94304-1395 l '

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