ML20151U493
| ML20151U493 | |
| Person / Time | |
|---|---|
| Site: | Vermont Yankee File:NorthStar Vermont Yankee icon.png |
| Issue date: | 08/15/1988 |
| From: | Capstick R VERMONT YANKEE NUCLEAR POWER CORP. |
| To: | NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM) |
| Shared Package | |
| ML19292J271 | List: |
| References | |
| FVY-88-66, NUDOCS 8808190136 | |
| Download: ML20151U493 (5) | |
Text
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e VERMONT YANKEE NUCLEAR POWER CORPORATION RD 5, Box 169. Ferry Road, Brattleboro, VT 05301
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ENGINEERING OFFICE August 15, 1988 1671 WORCESTER ROAD FRAMING HAM, MASSACHUSETTS 01701 FVY 88-66
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United States Nuclear Regulatory Commission Attention: Document Control Desk Washington, DC 20S55
References:
(a) License No. DPR-28 (Dor.:ket No. 50-271)
(b) Letter VYNPC to USNRC, FVY 88-40, "Proposed Technical Specification Change for New Fuel Assembly Type " dated May 23, 1988
Subject:
Response to NRC Request for Supporting Document - Vermont i
Yankee Proposed Change Number 144 D_ar Sir:
By letter dated May 23, 1988, Vermont Yankee submitted the subject proposed Technical Specificatien change [ Reference (b)]. Attachment A to that submittal, identified a supporting vendor document, "Supplement 1 to Loss-of-Coolant Accident Analysis Report for Vermont Yankee Nuclear Power Station" (NEDE-21697 Supplement 1), dated November 1987 which, if requested, would be provided under separate cover as proprietary information in accordance with 10CFR2.790.
Pursuant to the staff's recent request Vermont Yankee herewith transmits the above-referenced proprietary document.
In accordance with 10CFR2.790(b)(1), affidavits attending to the proprietary nature of the enclosures are attached.
We trust that the enclosed document provides the remaining information necessary for the staff to complete the review of the subject amendment request; however, should you have any questions or require additional information regarding this matter, please contact this office.
Very truly yours, VERMONT YANKEE NUCLEAR POWER CORPORATION
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R. W. Capstick RWC/25.765 Licensing Engineer Enclosures cc: USNRC - Region I Administrator (w/o Enclosure) 4 USNRC - Resident Inspector - VYNPC (w/o Enclosure)
WITHliOLD ENCLOSURES FROM PUBLIC DISCLOSURE 1
1 8808190136 880815 PDR ADOCK 05000271 P
AFhDAV[T PURSUANT TO 10CFR2.790 Yankee Atomic Electric Company)
Nuclear Services Division
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Commonwealth of Massachusetts )
Middlesex County
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SS:
4 I, John DeVincentis, depose and say that I am the Vice President of Yankee Atomic Electric Company, duly autherized to make this affidavit, and have reviewed or caused to have reviewed the information which is identified as proprietary.
I am submitting this affidavit in conformance with the provisions of 10CFR2.790 of the Comission's regulations for withholding this information.
l The information for which proprietary treatment is sought is contained in the enclosures to our letter, Vermont Yankee Nuclear Power Corporation to U.S. Nuclear i
Regulatory Commission, dated August 15, 1988.
Pursuant to the provisions of Paragraph (b)(4) of Section 2.790 of the Comission's regulations, the following is furnished for consideration by the Comission in determining whether the information sought to be withheld f rom public discicsure, included in the above-referw.ed document, should be withheld.
1.
Per the attached executed and sealed affidavit dated December 7, 1987 General Electric Company states that the material contained in this transmittal is proprietary utilizing the definition of proprietary I
information and trade secrets.
i 2.
The material contained in this transmittal is of the type customarily held in confidence and not customarily disclosed to the public.
3.
This information is being transmitted to the Commission in confidence under the provisions of 10CFR2.790 with the understanding that it is to be received in confidence by the Commission.
4.
This information is not available in puolic sources and is for Commission internal use only and should not be released ts persons or organizations outside the Directorate of Regulation and the ACRS without prior approval of Yankee Atomic Electric Company and General Electric Company.
Should it become necessary to release this information to such persons as part of the review procedure, please contact Yankee Atomic Electric Company, and they will contact General Electric Company to make the necessary arrangements required to protect their proprietary interests.
5.
As per the attached affidavit cited in 1. above, disclosure of the subject information sought to be withheld would likely cause substantial harm to the competitive position of the General Electric Company.
Further deponent sayeth not.
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Sworn to before me this Joh DeVinc'entis th day of August, 19 Vi
- ' resident a.-LR m A. R. Soucy, Notary Public My Comission Expires August 29, 1991 i
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4 GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Rudolph Villa, being duly sworn, depose and state as follows:
1.
I am Manager, Consulting Services, General P.lectric 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-216P7, "Supplement 1 to Loss-of-Coolant Accident Analysis Report for Vermont Yankee Nuclear Power Station," November 1987.
Proprietary information is indicated by a straight line in the right-hand page margin and/or by underlining in the text.
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:
i "A trade secret may consist of any formula, pattern, device or compilation of information which is used in one's business and I
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 ene's trade secret aret (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 the 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 I
I without license from General Electric constitutes a competitive economic advantage over other companies; l
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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; Information which if used by a competitor, would reduce his c.
expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar products 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 protections g.
Information which General Electric must treat as proprietary according to agreements with other pr.rties.
5.
Initial approval of proprietary treatment of a document is typically made 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 Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated j
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 i
1 agreements.
l 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 cod which is customarily held in confidence by General Electric.
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'The information to the bost of my knowledge and belief has consistently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources.
All disclosures to third paeties 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 i
General Electric Company and deprive or reduce the availability of i
profit making opportunities because it would provide other parties, including competitors, with important details of the GE8X8EB fuel design not available to other parties.
STATE OF CALIFORNIA
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COUNTY OF SAEA CLARA
)
l Rudolph "411a, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein i
are true and correct to the best of his knowledge, information, and belief.
Executed at San Jose, California, this dayofh&m,I,19N.
Rudolph (illa General Electric Company Sabscribed and sworn before me this 5y o
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PA LA HUSSE NOTARY PUBLIC, STATE OF C6LIFORNIA
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