ML20211M230

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Forwards New GE Affidavit Re Proprietary Info Associated W/ LCR H97-05,nonproprietary Versions of 970716 & 0826 Submittals Which Can Be Placed in PDR & Revised TS Pages Re Slmcpr,As Requested During 970917 Telcon W/Nrc
ML20211M230
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 10/03/1997
From: Eric Simpson
Public Service Enterprise Group
To:
NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20046D868 List:
References
LCR-H97-05, LCR-H97-5, LR-N97628, NUDOCS 9710140095
Download: ML20211M230 (10)
v • d • e


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  • Putsc $euge ilecine and Gas Company E. C. Simpson P.O Box 236, Hancocks Dr6dge, NJ 00038 0043 4 1700 Public Service Ek,ctoc and Gas ComdwnyO i
m. n- . % , 3 s97 LR-N97628 LCR H97-05 United States Nuclear Regulatory Commission Document Control Desk Washington, DC 20555 REQUEST FOR CHANGE TO TECHNICAL SPECIFICATIONS (SUPPLEMENT)

SAFETY LIMIT MINIMUM CRITICAL. POWER RATIO (SLMCPR)

HOPE CREEK GENERATING STATION FACILITY OPERATING LICENSE NPF-57 DOCKET NO. 50-354 Gentlemen:

On July 16, 1997, and August 26, 1997, Public Service Electric &

Gas (PSE&G) Company transmitted, via letters LR-N97433 and LR-N97528, information concerning proposed changes to the Hope Creek Technical Specifications (TS). The proposed changes revised TS 2.1.2, " THERMAL POWER, High Pressure and High Flow", ACTION a.1.c for LCO 3.4.1.1, " Recirculation Loops" and the Bases for TS 2.1,

" Safety Limits". The changes contained in that request contained proprietary information as stated in the General Electric affidavits submitted with the July 16, 1997, and .9|August 26, 1997 letter]]s.

During a September 17, 1997, teleconference, the NRR Hope Creek Project Manager had requested-that PSE&G supply non-proprietary versions of the July 16, 1997, and August 26, 1997, latters and a new General Electric affidavit specifically denoting the proprietary information contained in those submittals. The attached General Electric affidavit supersedes the General l Electric affidavits previously submitted with the July 16, 1997, I and .9|August 26, 1997 letter]]s.

Attachment 1 of this letter contains a new General Electric affidavit concerning the proprietary information associated with LCR H97-05. Attachment 2 of this letter contains versions of the d /

July 16, 1997, and August 26, 1997 submittals showing the proprietary information enclosed by brackets. Attachment 3 of this letter provides non proprietary versions of the July 16, 1997, and August 26, 1997, submittals which can be placed in the Public Document Room. Attachment 4 of this letter contains revised Technical Specification pages associated with the SLMCPR changes. These revisions are being made to specify that the THE IN1%RMATION AS INDICATED IN ATTACHMENT 2 OF THIS LETTER IS 1

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PROPRIETARY

- NOT FOR PUBLIC DISCLOSURE -

9710140095 971003 --

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00T 3 1997 Document Control Desk LR-N97628 applicability of the SLMCPR value is for Hope Creek Cycle 8 only.

PSE&G considers that these revisions are administrative in nature end do not impact any of the conclusions reached in the No Significant Hazards Consideration previously submitted via the July 16, 1997 letter.

l Should you have any questions regarding this request, we will be pleased to discuss them with you.

Sincerely, i

lo,psv>n Attachments (4)

C Mr. H. Miller, Administrator - Region I U. S. Nuclear Regulatory Commission 475 Allendale Road King of Prussia, PA 19406 Mr. D. Jaffe, Licensing Project Manager - HC U. S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Mail Stop 14E21 Rockville, MD 20852 Mr. S. Morris (X24)

USNRC Senior Resident Inspector - HC Mr. K. Tosch, Manager IV Bureau of Nuclear Engineering 33 Arctic Parkway CN 415 Trenton, NJ 08625 i

REF: LR-N9762.8 LCR H97-05 STATE OF NEW JERSEY )

) SS.

COUNTY OF SALEM )

E. C. Simpson, being duly sworn according to law deposes and says:

I am Senior Vice President - Nuclear Engineering of Public Service Electric and Gas Company, and as such, I find the matters set forth in the above referenced letter, concerning Hope Creek Generating Station, ' hit 1, are true to the best of my knowledge, information and beliet.

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y Subscribed and Sworn o before me this ( d day of h b ObCA_ , 1997

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01LhD otary Publib~otv Ne,w Jersey KIMBERLY JO BROWN NOTARY PUBUC Of NEWJfRSEY My Conmisioriinpires Arni 21,1998 My Commission expires on

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  • Document C3ntrol Dock LR-N97628 Attcchment 1

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1 GENERAL ELECTRIC AFFIDAVIT

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V GE Nuclear Energ/

GeneraliancHe Corryeny P. o. Box r$0, Wnmengtorn. NC tt@t Affidavit I, Ralph Reds, being duly sworn, depose and stLte as follows:

(1) I am Manager, Facility Licensing, General Electric Company ("GE") and have been delegated the function of reviewing the information des,cribed in paragr.iph (2) which is sought to be withheld, and have been authorized to apply for its withholding.

(2) He information sought to be withheld is contained in Attachment 2 of transmittal letter LR-N97628 as indicated by the brackets in the text. This amdavit supersedes the affidavits supplied in transmittals LR N97528, dated August 26, 1997, and LR N97433, dated July 16, 1997, concerning LCR I197-05, Requestfor Jsange to TechnicalSpecifications Safety Limit Afinimum Critical Power Ratto (S/AfCPR), Ho$c Creek Generating Station, Facility Operating License No.

NPF-57, Docket No. 50-354.

l (3) in making this application for withholding of proprietary information of which it is the owner, GE l

relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),

5 USC Sec. $$2(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 conunercial 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 I

portions also qualify under the narrower definition of" trade secret," within the meanings assigne/.

to those terms for purposes of FOIA Exemption 4 in, respectively, Critical hiass Enemy Preiss11 hskar Regulatory Commission, 975F2d871 (DC Cir.1992), and Public Citiren Health Esicarch Group v. FDA,704F2dl280 (DC Cir.1983).

(4) Some examples of catrgories of information which fit into the definition of proprietary infonnation are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its 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 resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;
c. Information which reveals cost or price information, production capacities, 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-ftmded development plans and programs, of potential commercial ulue to General Electric; Page1

Affidnvit i

c. Infonnation which discloses patentable subject matter for which it may be desirable to obtain patent protection.

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

(5) ne information sought to be withheld is being submitted to NRC in confidence. %c infonnation is of a sort customarily held in confidence by GE, and is in fact so held. Its initial designation as proprietary infom ation, 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 ha. 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.

(6) idtial 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 function (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 infonnation identified in paragraph (2) is classified as proprietary because it would provide other parties, including competitors, with information related to detailed results of analytical models, methods and processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perfonn evaluations of the BWR He development of the 4 evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GE asset.

(9) public disclosure of the infonnation sought to be withhcid is likely to cause substantial hann to GE's competitive position and foreclose or reduce the availability of profit-making opportunitics.

The fuel design and analytical methodology are part of GE's comprehensive BWR safety and technology base, and their commercial value extends beyond the original develgment cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to detenninc 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.

De 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, page 2 j

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Affdavit 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 GU 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 sock an adequate return on its large investment in developing these very valuable analytical tools.

State of North Carolina )

SS County of New llanover )

Ralph J. Reda, 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 Wilmington, North Carolina, this 23 day of $eokmbe r .19 9 7 W ti Ralph J. R General Electric Company Subscribed and swom before me this h3 day ofh{$))[$r- .19 W

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\G ON $ 9001, Notary Public, State of North Carolina C0 I

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a QE Nuclear Energy 4

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P o aos reo, nemmgm #C Josef Affidavit i

j I, Ralph Reds, being duly swom, depose and state as follows:

$ (1) I am Manager, Fuels and Facility Licensing, General Electric Company ("GE") and have been delegated the function of reviewing the information described in paragraph (2) which is sought l

I to be withheld, and h' ave been authorized to apply for its withholding.

(2) The information~ sought to be withheld is contained in the transmittal LR N927528, dated August 26, 1997, This is a supplement to the document, Request for Change to Technical l

Specyication Safety Limit MCPA, LCR H97-05 for Hope Cruk, Operating License No. NPF-1 57, Docket No. 50-354.

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(3) In making this application for withholding of proprietary information of which it 4 the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Infor nation Act

("FOIA"), 5 USC Sec. 552(bX4), and the Trade Secrets Act,18 USC Sec.1905, and NRC I regulations 10 CFR 9.17(a)(4) and 2.790(aX4) for " trade secrets and commercial oi financi information obtained from a person and privileged or confidential"(Exemption 4). The material i

for which exemption from disclosure is here sought is all " confidential commercial

'~ information," and some ponions also qualify under the narrower definition of" trade secret,"

within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, l Crieleni Mata Fnerav Proinct v. Nuclear Ramdannev Cammianian. 975F2d871 (DC Cir.1992),

l and Public Citizen 14saleh Retearch Genun v. FDA. 704F2dl280 (DC Cir.1983).

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

information are:

a. Innbrmation that discloses a process, method, or apparatus, including supponing data I

and analyses, where prevention of its use by General Electric's competitors without l license from General Electric constitutes a competitive economic advantage over other a

companies;

b. Information which,if used by a competitor, would reduce his expenditure of resources or improve bh competitive position in the design, manufacture, shipment, installation, J

" assurance of quality, or licensing of a similar product;

c. Information which reveals cost or price information, production capacities, budget

! levels, or commercial strategies of General Electric, its customers, or its suppliers; 2-

d. Information; which reveals aspects' of past, present, or future General Electric
  • customer-funded development plans and programs, of potential commercial value to J

General Electric;

c. 'Information which discloses patentable subject matter for which it may be desirable to i

obtain patent protection.

Page1

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

(5) ne information sought to be withheld is beinF nitted to NRC in confidence. The information is of a sor1 customarily held in confV vy GE, and is in fact so held. Its initial desigr.ation as proprietary information, and the 'absequent steps taken to prevent its unauthorized dl> closure, are as set forth in (6) and (7; sllowing. The information sought to be withheld has, to the best of my knowledge and belief, $onsistently 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 confidenet (6) Initial approval of' pro' prietary 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 function (or his delegate), and by the Legal Operation, for technical content, competitive efTect, 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 den only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information identified in paragraph (2)is classified as proprietary because it would provide other parties, including competitors, with information related to detailed results of analytical models, methods snd processes, including computer codes, which GE has developed, requested NRC approval of, and applied to perform evaluations of the BWR. The development of the evaluation process along with the interpretation and application of the analytical results is derised from the extensive experience database that constitutes a major GE asset.

(9) Public disclosure of the information sought to be withaeld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The fuel design and analytical methodology are part of GE's comprehensive BWR safety and technology base, and their 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 process. In addition, the technology base includes the value derived from providing analyses done with NRC-approsed 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 if its competitors are able to use the results of the GE experience to normalize or serify their own process or if they are able to claim an equivalent enderstanding by demonstrating that they can arrive at the same or similar conclusions.

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o AfMdavit 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 ins estment in developing these very valuable analytical tools.

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State of North Carolina ) 33, County of New ilanos er )

Ralph J. Reda, being duly sworn, deposes and says:

That he has read the foregoing afridavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at #ilmi. Ton, North Carolina, this 2- day of Se#/prMc4 ,1997

. C Ralph J. Reda General Electric Company Subscribed and sworn before me this hday of r h,19_k7 f

No lic, State of North Carolina l, O&l Page 3 t-

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