ML20206T563
| ML20206T563 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 06/25/1986 |
| From: | Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | |
| Shared Package | |
| ML19292F547 | List: |
| References | |
| NUDOCS 8607080179 | |
| Download: ML20206T563 (5) | |
Text
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4 BEFORE THE UNIEED STATES NUCLEAR REGULATORY COMMISSION In the matter of
)
NEW YORK POWER AUTHORITY
)
Docket No. 50-333 James A. FitzPatrick Nuclear Power Plant)
APPLICATION FOR AMENDMENT TO OPERATING LICENSE Pursuant to Section 50.90 of the regulations of the Nuclear Regulatory Commission, the New Ycrk Power Authority, as holder of Facility Operating License No. DFR-59, hereby applies for an a
Amendment to the Technical Specifications contained in Appendix A I
of this license, i
The proposed Amendment changes the water level setpcic*. for the Main Steam Isolation Valves, Main Steam Line Drain Val?>s and Reactor Water Sample Line Isolation Valves from reactor leu-low water level (Level 2) [g 126.5 inches from top of active fuel (TAF)] to reactor low-low-low water level (Level 1) (b 18 inches from TAF).
The proposed change to the Technical Specifications is presented in Attachment I to this Application.
The Safety Evaluation is included as Attachment II.
General Electric Company Report NEDC j
30838-1 Revision 1, June 1985 is included as Attachment III.
.An affidavit from General Electric Company designating this report j
as " Proprietary" is included as Attachment IV.
New York Power Authority 2
ohn
. Brons u
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8607080179 860625 STATE OF NEW YORK PDR ADOCK 05000333 COUNTY OF WESTCHESTER P
PDR t
Subscribed and swor to before me this M cE day of l A 1986.
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Notary Public lAlriA HOLDEN Hotary Public, $?ato of New Yorg No. 4823150 4
Ovatified in Wes:cne:ter Covh Commis%on Dpires March 30,19//
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ATTACHMENT IV 6,f
/
JPN-86-29 CENERAL ELE.CTRIC C0MPANY l"
[
I, I, Rudolph Villa, being duly sworn, depose and state as follows:
l.
I am Manager, BWR Products Licensing, Nuclear Safety & Licensing 1
Operation, General Electric Company, an4 have been delegated the i
function of reviewing the information described in paragraph 2 I
which is sought to be withheld and have been authorized to apply P
'for its withholding.
2.
The information sought to be withheld' pertains to the proprietary information submitted in the document entitled " Safety Review of Safety Relief Valve Simmer Margin Analysis and Water Level Setpoint j
Change for the, James A. Fitzpatrick Nuclear Power. Plant",
NEDC-30838-1, Revision 1 June 1985.
3.
In designating asterial as proprietary, General Electric utilizes i
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 j
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 esployees and others involved in his business; (3) the extent of asasures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his j
competitors; (5) the amount of effort or money expended by i
him in developing the information; (6) the ease or difficulty l
with which the information could be properly acquired or i
duplicated by others."
4.
Some examples of categories of information which fit into the l
definition of proprietary information are:
l a.
Information that discloses a process, method or apparatus where prevention of its use by General Electric's competitors l
without licenae from General Electric constitutes a competitive-
)
economic advantage over other companies; I
b.
Information consisting of supporting data and analyses, j
including test data, relative to a process, methud or appara-tus, the application of which provide a competitive economic j
advantage, e.g., by optimization or improved marketability; i
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c.
Information which if used by a competitor, would reduce his 1
expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; t
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 i
programs of potential commercial value to General Electric; f.
Information which discloses patentable subject mat'ter for l
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.
In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains i
in confidence preliminary and draft material which has not been subject to complete proprietary, technical and editorial review.
This practice is based on the fact that draft documents often do not appropriately reflect all aspects of a probles, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures. Also, until the i
final document is completed it may,not be possible to make any dafinitive determination as to its proprietary nature.- General Electric is not generally willing to release such a document to the j
general public in such a preliminary form.
Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the i
public interest for the staff to be promptly furnished with significane or potentially significant information.
Furnishing the i
document on a confidential basis pending completion of General
{
Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprietary position and permitting General Electric to insure the i
public documents are technically accurate and correct.
~
6.
Initial approval of proprietary treatment of a document is made by l
the Subsection Manager of the originating component, the man most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such l
documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as j
proprietary.
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7.
The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delegate) and by the Legal Operation for technical content, competitive effect and
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determination of the accuracy of the proprietary designation in l
accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, j
suppliers and licensees only in accordance with appropriate l
regulatory provisions or proprietary agreements.
8.
The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been 1
found'to contain information which is proprietary and which is
, customarily held in confidence by General Electric.
9.
The information mentioned in paragraph 2 documents analyses which supports the implementation of a setpoint change for the main steaa line isolation system and safety relief valves for the James A.
Fitzpatrick Nuclear Power Plant.
- 10. The information to the best of my knowledge and belief, has consistently been held in confidence by the General Electric Company, no public disc 1ceure has been made, and it is not available in public sources.
All disclosures to third parties have I
been made pursuant to regulatory provisions or to proprietary l
information agreements which provide for maintenance of the
l information in confidence.
I
- 11. 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 4
profit-making opportunities because:
a.
It was developed with the expenditure of resources exceeding 75,000.00.
i b.
Public availability of this information would deprive General Electric of the ability to seek reimbursement and would permit
{
competitors to utilize this information to General Electric's detriment, to the substantial financial and competitive disadvantage of General Electric.
}
a i
STATE OF CALIFORNIA
)
ss:
COUNTY OF SANTA CLARA
)
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.
ExecutedatSanJose, California,this/3 ay of
, 198 I.
7
/Wluf Rudolph Vilda General Electric Company Subscribedandswornbeforemethis/[dayof 8(,(.[u
,198_d s
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9 f 4 I a m Y & f d /a KAREN $ VOGElHUGER NOTARTWBLIC, STATE OF CpFORNIA NOTARY PVOUC
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