ML20211C184
| ML20211C184 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 09/25/1997 |
| From: | Reda R GENERAL ELECTRIC CO. |
| To: | Weber M NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| TAC-L31013, NUDOCS 9709260136 | |
| Download: ML20211C184 (6) | |
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CEP-25-37 C3 23 FROMsCUILDlHG J IDia1C0755073 PAGE 2/G h
GENuclearEnergy
?SSb$0?Mac:
fh0l0 September 25,1997
){05 Mr. M.F. Weber, Chief, Licensing Branch U.S. Nuclear Regulatory Comnnssion Office of Nuclear Material Safety and Safeguards Mail Stop T8D14 Washington, DC 20555-0001
Reference:
(1) NRC License SNM-1097, Docket 70-1113 (2) Submittal RJ Reda (GE) to MF Weber (NRC), 9/19/97
Subject:
Additional Information to Support the Proposed Revision to Chapter 6.0 of the Referenced License
Dear Mr. Weber:
GE Nuclear Energy hereby submits the attached documents as additional information to support your review of the proposed Revision to Chapter 6.0 of the referenced license.
Please note that the information contained in the attachments is of the type which GE maintains in confidence and withholds from public disclosure. It has been hsodled and classified as proprietary by GE as indicated in the attached affidavit. We hereby request that it be withheld from public disclosure in accordance with provisions of 10 CFR 2.790.
Should you have any questions concerning the attached documents please contact Mr.
Lon Paulson at (910) 675-5460 or me at (910) 675-5889.
Respectfully, GE Nuclear Energy e g:
Ralph J. Reda, Manager Facility Licensing
[f Enclosure I{ f(>}ji j
cc:
RJR-97-117 LE Paulson 97o926o136 97o925
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CCP-25-07 CDi2D FCoH,Cu!LDING J IDi01C3755070 PACE 3/3 l
Se'ptembe' r 25,1997 Page 1 of 4 GENERAL ELECTRIC COMPANY (GE)
AFFIDAVIT I, Ralph J. Reda, being duly swom, depose and state as follows:
(1)
I am the Manager, Facility Licensing, at the GE Nuclear Energy Production facility in Wilmington, N.C., and have been deiegated the function of reviewing the information described in paragraph 2 which is sought to be withhold, and have been authorized to apply forits withholding.
(2)
The information sought to be withheld is identified in the lower-left margin as 'GE Company Proprietary" in the attachments to the " Additional lnformation to Support the Proposed Rovision to Chapter 6.0 of the Referenced License" letter dated September 25,1997 to Mr. M.F. Weber (NRC) from Dr. R.J. Roda (GE). The information contains detalls supporting an application to amend NRC License SNM-1097.
(3)
In making this app!! cation for withholding of proprietary information of which it is the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Informadon act
("FOIA"), 5 USC Sec. SS2(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.790(a)(4) 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 informat on", 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, respectiveiy, Critical Mass Enerov Project v. nuclear Reaulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group v. FDA. 704F2d1280 (DC Cir.
1983).
(4)
Some examples of categories of information which fit into the definition of proprietary Information are:
Information that discloses a process, method, or apparatus, including supporting data a.
and analyses, where provention of its use by General Electric's competRors without license from General Electric constitutes a competitivo economic advantage over other companies; 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 qJality, or licensing of a similar product;
cEP-25-07 CO 33 FcoM.CU1LDING J ID OlcG7550*73 PAGE C/o l
Se embe' r 25,1997
(
Page 2 of 4 i
Information wh;ch reveals cost or price information, production capacities, c.
budget levels, or commercial strategies of General Electric, its customers, or its suppliors; 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 disclosos patentable subject matter for which it may be e.
desirable to obtain patent protection.
Tho information sought to be withheld is considered to be proprietary for the reasons r,ot forth in paragraph (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, its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in (6) and (7) following. 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 mado, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence, (G) 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 extomal 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 by the 1.ogal 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.
cE rs - 2 G-07 CJ 33 FRoM CulLDING J ID 01C37GSD7@
PAGE E/G Se'ptomtier 25,1997 Page 3 of 4 (8)
The information identified in paragraph (2) is classified as proprietary because it would provide other parties, including competitors, with information related to General Electric's nuclear fuel manufacturing processos which were developed at a considerable expense to General Electric.
(9)
Public disclosure of the Information sought to oo withheld is likoly to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunitros. The information is part of GE's comprehensive nuclear fuel 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 appropriato evaluation process.
GE's competitivo advantage will be lost if its competitors are able to use the results of the GE experience to normalizo or venfy their own process orif 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 bo 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 retum on its large investment in development these very valuable analytical tools.
1
CCP-CO-07 09*331FCOM. CUM ING J ID$O1C373CC70 PAGE C/3 Se' temdr 25,1997 p
Page 4 of 4 STATE OF NORTH CAROUNA
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)- SS; COUNTY OF NEW HANOVER
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Ralph J. Reda, being duly swom, 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 Wilmington, North ga,rgy,n,, thi ayof SchMb 1997 3
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NOTARY 5
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- enmsss Subscribed and swom before this,28d y of S M gg,jf97 2-h Mfry Public, Stateif North Carolina My commission expires:
_/A/6 97
BEP-25-D7 CG 29 FROMeDUILDING J lD.9108755878 PAGE 1/6 ggO ss& f O
GE NUCLEAR ENERGY GE Nuclear Energy Production WILMINGTON, NORTH CAROLINA To: Craig Hrabal Company:
NRC Phone:
Fax:
301-415-5955 From:
Ralph Reda Phone:
910475-5889 Fax:
-5879 Date:
September 25,1997 Pages including this e
cover page:
Craig:
Attached is the cover letter and affidavit formally submitting the additional information you requested for the HF recovery tacility. It was FedExod today, if you have any questions or concerns please call me at 910-675-5889 or page me at 910-371-8072.
/
Ralph Roda l
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