ML20210J198
| ML20210J198 | |
| Person / Time | |
|---|---|
| Site: | Cooper  |
| Issue date: | 07/18/1997 |
| From: | Stramback G GENERAL ELECTRIC CO. |
| To: | Kudrick J NRC (Affiliation Not Assigned) |
| Shared Package | |
| ML19317C607 | List: |
| References | |
| MFN-034-97, MFN-34-97, NUDOCS 9708150126 | |
| Download: ML20210J198 (6) | |
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GE Nuclect Energy e
(cne?i(icdm rprivy 95 Curtxt henve Sa.b:.e, CA 95125 July 18,1997 MFN 034-97 U.S. Nuclear Regulatory Commission Mail Stop 08-H7 Washington, DC 20555-0001 Attention:
J.ohn A. Kudrick, Containment Systems and Severe Accident Ilranch 4
SUllJECT:
Submittal of GE Presentation Material Pertaining to Licensing Topleal Report, NEDC S2721P, Application Methodologyfor GE Stacked Dish ECCS Suction Stminer and the Bases for Cooper Plant Specific Replacement Strainer Loads Calculations GE-NE is submitting the accompanying presentation material at NRC request.
This material was resiewed and discussed in ajuly 9,1997 meeting attended by NRC stafT, Nebraska Public Power District Cooper Station personnel and GE-NE representatives.
The information in the presentation material supports the Licensing Topical Report, NEDC S2721P, Application Methodologyfor GE Stacked-Dish ECCS Suction Stminer, dated March 1997, which was submitted in March 1997 for NRC review and contains the bases for Cooper plant specific replacement strainer loads calculations, llecause portions of the accompanying presentation material contains information which GE-NE customarily maintains in confidence and withholds from public disclosure, an aflidavit also is enclosed. The des.gnated information has been handled and classified as proprietary to GE-NE as identified in the enclosed allidavit. GE-NE hereby requests that the designated information be withheld from public disclosure in accordance with
- the provisions of 10 CFR 2.790. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.
If you have any questions about this submittal please contact me, or Tom Green (GE) at (408) 925-1308, gryL CNCL s
Sincerely, bML*7 i~
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carge 1. Stramback
[f/ 3cb $ bdK Regulatory Senices, Project Manager Tel:
(408) 925 1913 Fax:
(408) 925-1490 Internet: strambackg@sjcpo5.ne.ge.com Ill!Ollllllll:IDillll80llllll 140002 9708150126 970718 PDR ADOCK 05000298 P
Mr. John A. Kudrick July 18,1997 l' age 2
Enclosure:
Aflidavit, George 11. Stramback, datedJuly 18,1997
Attachment:
l'resentation Material cc:
D. Madsen (NI'I'D)
T. A. Green (GE)
MFN file l
GilS-97-5-NRCSuctn. doc
General Electric Company AFFIDAVIT I, George 11. 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 la 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 presentation material which supports GE proprietary report NEDC-32721P, Application Methodologyfor GE Stacked Disk ECCS Suction Strainer, Class 3 (GE Proprietary information), dated March 1997, and contains the bases for Cooper plant specific replacement strainer loads calculations. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.
(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 Enerev Proiect v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and Public Citi7en Health Research Group v. FDA,704F2dl280 (DC Cir.1983).
(4) Some examples of categories of information which fit into the definition of proprietary information are:
J a.
Information that discloses a process, method, or apparatus, including supporting 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; b.
Information which, if used by a competitor, would reduce his expenditure of y
resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product; GBS-97-5-afSuctn2. doc Affidavit Page 1
l Information which reveals cost or price information, production capacities, c.
budget levels, or commercial strategies of General Electric, its customers, or its suppliers; 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; Information which discloses patentable subject matter for which it may be c.
desirable to obtain patent protection.
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.
(5) The information sought to be withheld is being submitted to NRC in confidence.
The information is of a sort customarily held in confidence by GE, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and 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 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 infonnation, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
3 (6) Initial approval of proprietary treatment of a document is made by the manager of 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 documents within GE is limited on a "need to know" basis.
(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 ftmetion (or his delegate), and 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 accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information; identified in paragraph (2), above, is classified as proprietary l because it Fontains explanations, interpretations and details of test results and j application methodology including unique procedures for calculation of structural l loading for the optimized suction strainer, which GE has developed and has been i installed at Cooper.
OBS-97 5 afSuctn2. doc Af0 davit Page 2
The development of this information and the methods was achieved at a significant cost, on the order of several hundred thousand dollars, to GE.
The development of the evaluation process along with the interpretation and application of the 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 commercial value extends,
beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation i process. In addition, the technology base includes the value derived from providing j analyses done with NRC approved methods.
1 i
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 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 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.
G11S-97 5-af5uctn2 doc AfUdavit Page 3
L STATE OF CALIFORNIA
)
)
ss:
COUNTY OF SANTA CLARA
)
George B. Stramback, being duly sworn, deposes and says:
That he has read the foregoing aflidavit and the matters stated therein are true and correct to the best of his knowledge, infonnation, and belief.
Executed at San Jose, California, this / P
- day of h4td, 1997.
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' ' 'l Id w A u b f Shs 096'rge B.itramback General Electric Company Subscribed and sworn before me this /8-day of OkP 1997.
..m ANNA HANUN NOTARY OMA
[ #4/
wconmT E 0 Y[o*,s7 Notary Public, State of California y
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i GBS-97 5-afSuctn2. doc Amdavit Page 4
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