ML20150E607

Forwards Application for Amend to License DPR-56,changing Tech Specs Re Cycle 8 Operation.Fee Paid

ML20150E607
Person / Time
Site:	Peach Bottom
Issue date:	07/07/1988
From:	Bradley E PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Murley T NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM), Office of Nuclear Reactor Regulation
Shared Package
ML19292J065	List: ML20150E607 ML20150E619 ML20150E627 ML20150E637 ML20150E659
References
NUDOCS 8807150221
Download: ML20150E607 (5)

Text

I j

PHILADELPHIA ELECTRIC COMPANY 23O1 M ARKET STREET P.O. BOX 8699 PHILADELPHI A. PA.19101 (215)841 4000 Eugene J. Bradley Vice President and Associate General Counsel July 7, 1988 Dr. Thomas W. hfurley, Director Office of Nuclear Reactor Regulation Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 RE: Peach Bottom Atomic Power Station Unit 3 Docket No. 50-278

Dear Dr. blurley:

Enclosed for filing with the Commission is Philadelphia Electric Company's Application for Amendment of Facility Operatiang License DPR-56.

This Application requests changes to the Peach Bottom Unit 3 Technical Specifications relating to Cycle 8 operation.

This filing consists of: 1) the original executed Application; 2) a document entitled "Supplemental Reload Licensing Submittal for Peach Bottom 1 Atomic Power Station Unit 3, Reload 7, Cycle 8", dated January 1988; 3) Errata And Addenda Sheet o. 7 to NED0-24082, dated January 1988; 4) a document entitled "Loss-Of-Coolant Accident Analysis for Peach Bottom Atomic Power Station Unit 3, Supplement 1" dated January 1988, (NEDE-24082-P-1). )

As stated in the Application, Document 4 above (NEDE 24082-P-1) contains information which General Electric Company considers confidential and proprietary and which is sought to be withheld from public disclosure in accordance with Section 2.790 of the Commission's regulations. An executed affidavit of Ricardo Artigas, blanager, Licensing and Consulting Services of General Electric Company, in support of this request is attached hereto.

l Af0Ih 8807150221 880707 PDR ADOCK 05000278

$JP'g 40004M I

go P PDC

]

o Document Control Desk Page 2 July 7, 1988 In accordance with Section 170.12 of the Commission's Regulations, there is enclosed Philadelphia Electric Company's check in the amount of $150 to cover the filing fee for this Application.

Very truly >; irs,4 Eug ne . Bradley FJB:ss E closures cc: Regional Administrator, Region I (w/ enclosures)

T. P. Johnson, Resident Inspector (w/ enclosures) l l

l l

l l

l l

l l

y .

= .

}

t GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Ricardo Artigas, being duly sworn, depose and state as follows:

1. _I am Manager, Licensing & Consulting Services,. General Electric Company, 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 withholding.

2. The information sought to be withheld is contained in NEDE-24082-P-1 Supplement 1, Revision 1, "Loss of Coolant Accident Analysis for Peach Bottom Atomic Power Station Unit 3, Supplement 1.

3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provides:

"A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business and ,

which gives him an opportunity to obtain an advantage over competitors who do not know or use it.... A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the

extent to which the information is known outside of his

! business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard che secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the ease or difficulty with the which the information could be properly acquired or duplicated by others."

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 where prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

_ _ _ _ _ _ _ - _ _ _ _ _ _ - _ _ _ _ _ _ _ _ - _ _ _ _ . _ _ _ _ _.-.a

+

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitivo position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;

d. Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers;

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

f. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection;

g. Information which General Electric must treat as proprietary according to agreements with other parties.

5. Initial approval of proprietary treatment of a document is typically mace by the Subsection manager of the originating component, the person who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

6. The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project Manager, Principal Scientist or other equivalent authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Cperation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

7. The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in confidence by General Electric.

~

[ .: .:.

-q Y

8. The information to the best of my- knowledge and belief has consistently been held in confidenco by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.

9. Public disclosure of the information sought to be_ withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information STATE OF CALIFORNIA

) 88 COUNTY OF SANTA CIARA )

Ricardo Artigas, 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, thisf day o N24Mi-,198Y.

v s

Ricardo as Gen a Electric Company Subscribed and sworn before me this yobdflhii/1981

^^^^

N blC SCLtA

,b h iAT 9FAL NOTARYPUBLIC,STATEOFC$1FORNIA PAUI A F HUSSEY d

i

@, , NOTARY pn't ?,t.t*A 01 "N' py grnm capi!ts ' 't 153 h PUBUC CAUTORN?A

- .: . - -