ML20155J979

Provides Response to NRC Concerning License Change Request Submitted on 980428 Re Srv.Ge Proprietary & non-proprietary Repts NEDC-32511P & NEDO-32511, Safety Review for HCGS Srv..., Encl.Proprietary Info Withheld

ML20155J979
Person / Time
Site:	Hope Creek
Issue date:	10/29/1998
From:	Dawn Powell Public Service Enterprise Group
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20138L615	List: ML20155J979 ML20155J986
References
LCR-H97-10, LR-N98511, NUDOCS 9811130060
Download: ML20155J979 (8)

Text

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O PSEG Public Service Electric and Gas Company P.O. Box 236 Hancocks Bridge, New Jersey 08038-0236 Nuci0ar Business Unit OCT 2 91998 LR-N98511 LCR H97-10 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 Gentlemen

TRANSMITTAL OF GENERAL ELECTRIC REPORTS NEDC-32511P AND NEDO-32511 HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 This !siter provides the Public Service Electric & Gas Company response to a Scptember 29,1998, NRC letter concerning PSE&G License Change Request (LCR)

H97-10, which was transmitted to the NRC on April 28,1998, via letter LR-N97117.

LCR H97-10 requested, in part, a revision to the Safety Relief Valve (SRV) tolerance acceptance limits contained in the Technical Specifications.

In the September 29* letter, the NRC requested that the proprietary information annotations contained in General Electric report NEDC-32511P be re-evaluated, and that a non-proprietary version of the report be provided to the NRC to allow for proper docketing of this information. In response to this request, PSE&G is providing the attached General Electric affidavit for the revised proprietary report, a new proprietary version of report NEDC-32511P, and a non-proprietary version of the same General Electric report (NEDO-32511).

The only changes contained in the attached proprietary General Electric report are associated with the revised proprietary annotations.

I in accordance with 10CFR50.91(b)(1), a copy of this submittal has been sent to the State of New Jersey. J

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-ATTACHMENT 2 OF THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION-

- NOT FOR PUBLIC DISCLOSURE -

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LR-N98511 l l Should you have any questions regarding this request, please contact James Priest at 609-339-5434.

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! Sincerely, i WY D. R. Powell Director- Licensing / Regulation & Fuels l

Attachments (3) l C Mr. H. Miller, Administrator - Region I i U. S. Nuclear Regulatory Commission l 475 Allendale Road King of Prussia, PA 19406 Mr. R. Ennis l Licensing Project Manager- Hope Creek l U. S. Nuclear Regulatory Commission l

One White Flint North Mail Stop 14E21 11555 Rockville Pike Rockville, MD 20852 Mr. S. Pindale (X24)

USNRC Senior Resident inspector- HC l Mr. K. Tosch, Manager IV Bureau of Nuclear Engineering P. O. Box 415 Trenton, NJ 08625 l

-ATTACHMENT 2 OF THIS DOCUMENT CONTAINS PROPRIETARY INFORMATION-

- NOT FOR PUBLIC DISCLOSURE -

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- GENERAL ELECTRIC AFFIDAVIT FOR REPORT NEDC-32511P 1

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General Electric Company ,

AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:

(1) I am Project Manager, Regulatory Services, 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 withholding.

(2) The information sought to be withheld is contained in the GE proprietary report NEDC-32511P, Safety Review for Hope Creek Generating Station Safety / Relief Valve Tolerance Analyses, Revision 1, Class III (GE Proprietary Information), dated l October 1996. The proprietary information is delineated by bold brackets around the

! specific material.

l (3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC 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 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, respectively, Critical Mass Enercy Project v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Groun

v. FDA,704F2dl280 (DC Cir.1983).

-(4) Some examples of categories of information which fit into the definition of

, proprietary information are:

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l a. Information that discloses a process, method, or apparatus, including supporting i

data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; 1

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; i

GBS-98-6-afhopeereek_srv_ tolerance 2. doc Affidavit Page 1

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

- suppliers; L

L d. Information which reveals aspects of past, present, or future General Electric customer-funded development plans and programs, of potential commercial value to General Electric; i- e. Information which discloses patentable subject matter for which it may be

! desirable to obtain patent protection.

i The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

l l (5) The information sought to be withheld is being submitted to NRC in confidence. ,

l The information is of a sort customarily held in confidence by GE, and is in fact so I held. The information sought to be withheld has, to the best of my knowledge and I belief, consistently been held in confidence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties 1 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 i

the originating component, the person most likely to be acquainted with the value

and sensitivity of the information in relation to industry knowledge. Access to such l documents within GE is limited on a "need to know" basis.

I (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 l 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 need for the information, and then only in l

accordance with appropriate regulatory provisions or proprietary agreements.

l (8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, methods and processes, L including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of the loss-of-coolant accident for the BWR.

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GBS-98-6-afhopeereek_srv_ tolerance 2. doc Affidavit Page 2 l

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l The development and approval of the BWR loss-of-coolant accident analysis l computer codes used in this analysis was achieved at a significant cost, on the order of several million dollars, to GE.-

The development of the evaluation process along with the interpretation and i application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

(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's comprehensive-BWR safety and technology base, and its ccmmercial value extends beyond the-original development cost. The value of the technology base goes beyond the extensive physical database and analytical m thodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to l

claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their L having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

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STATE OF CALIFORNIA )

) ss: l COUNTY OF SANTA CLARA - )  !

l George B. Stramback, being duly sworn, deposes and says: )

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l 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.

1 Executed at San Jose, California, this /1 day of r[441 1998.

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'" Gedge B. Str'amback '

General Electric Company I

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l Subscribed and sworn before me this dayof hadokr 1998.

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'*A A A A A a a b Qp PAULA F. HUSSEY v &dSa>A lE NotoY SANTA CLARA COUNTY mnio Notary Public, State of Califop E

{ My Comm. Expires DEC 1,1998

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Attachm:nt 3 LR-N98511 l

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l i GENERAL ELECTRIC REPORT NEDO-32511 1

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