ML20196A612
| ML20196A612 | |
| Person / Time | |
|---|---|
| Site: | Peach Bottom  |
| Issue date: | 11/30/1988 |
| From: | Hunger G PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | Martin R Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19295G775 | List: |
| References | |
| NUDOCS 8812060052 | |
| Download: ML20196A612 (5) | |
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PHILADELPHI A ELECTRIC COM PANY 2301 M ARKET STREET P.O. BOX 8699 PHILADELPHI A, PA.19101
{215)841 4000 November 30, 1988 Docket Nos. 50-277 50-278 Mr. Robert E. Martin. Project Manager Project Directorate I-2 Division of Reactor Projects I/Il U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555
SUBJECT:
Additional Information Concerning Source Range Monitor Technical Specification Amendment Request RtFERENCE:
Ld ter frem E. J. Bradley, PECo to
'f. E. Mu. ley, NRC, dated October 21, 1988
Dear Mr. Martin:
By the above referenced letter, Philadelphia Electric Company transmitted an Application to amend the operating licenses by reducing the minimum Source Range Monitor (SRM) count rate required for startup. Philadelphia Electric is currently preparing a similar Application to reduce the SRM count rate for refueling.
In support of these Applications, enclosed please find additional information provided to Philadelphia Electric by General Electric Company. The enclosed documents Gntitled "SRM Count Rate vs S/N Ratio for Philadelphia Electric Company Peach Bottom Unit 2 and 3", EDE-38-0988 and SRM Count Rate vs S/N Ratio for Philadelphia Electric Company Peach Bottom 2 and 3 (Refueling)", EDE-44-1088 contain information proprietary to General Electric Company.
It is therefore requested that these documents be withheld from public disclosure pursuant to 10 CFR 2.790. An affidavit is also enclosed.
Very truly yours.
Directoh Licensing Section Nuclear Support Division set;o60052 881130 PDR ADOCK 05000277 l
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r, Mr. Robert E. Martin November 30, 1988 Page 2 l
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Enclosures:
- 1. General Electric Company Affidavit
- 2. GE Report EDE-38-0988
- 3. GE Report.EDE-44-1088 4
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Addressee (2 copies)
Without Enclosures W. T. Russell. Administrator. Region 1. USNRC T. P. Johnson. USNRC Senior Resident inspector l
T. E. Magette. State of Maryland J. Urban. Delmarva Power
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J. T. Boettger. Public Service Electric & Gas i
H. C. Schwess. Atlantic Electric 4
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GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Rudolph Villa, being duly sworn, depose and state as follows:
1.
I am Manager, Consulting Services, General Electric Company, and have been delegated the function of reviewing the information described in para raph 2 which is sought to be witFheld and have been authorized to ar,p1 for its withholding.
2.
The information sought to be withheld is contained in "SRM Count Rate vs S/N Ratio for Philadelphia Electric Company Peach Bottom Unit 2 & 3,"
(EDE 38 0988) and "SRM Count Rate vs S/N Ratio for Philadelphia Electric Company Peach Bottom 2 & 3 (Refueling)."
(EDE44-1088).
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 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:
Information that discloses a process, method or apparatus where a.
prevention of its use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other compentes;
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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 competitive 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; Information which reveals aspects of past, present or future e.
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 protectior,;
Information which General Electric must treat as proprietary g.
according to agreements with other parties.
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 determinaticn 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.
The document mentioned in paragraph 2 above has been evaluated in 7.
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.
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The information to the best 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 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 Cempany and deprive or reduce the availability of profit making
-opportunities because it would provide other parties, including competitors, with valuable informr.cion.
STATE OF CALIFORNIA
) ss, COUNTY OF SANTA CLARA
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Rudolph Villa, 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 // i'ay of 7$5#
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Rudolph Villf General Electric Company Subscribed and sworn before me this/
y of d=le 198f_,
})(m / $ A fl NOTARY fuBLIC, STATE OF CAllFORNIA OFFICIAL. SEAL
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