ML20212E185
| ML20212E185 | |
| Person / Time | |
|---|---|
| Site: | FitzPatrick  |
| Issue date: | 12/23/1986 |
| From: | Brons J POWER AUTHORITY OF THE STATE OF NEW YORK (NEW YORK |
| To: | |
| Shared Package | |
| ML19292G521 | List: |
| References | |
| NUDOCS 8701050271 | |
| Download: ML20212E185 (4) | |
Text
,
BEFORE THE UNITED 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 York Power Authority, as holder of Facility Operating License No. DPR-59, hereby applies for an Amendment to the Technical Specifications contained in Appendix A of this license.
The proposed amendment to the James A. FitzPatrick Technical Specifications is necessary to support plant start-up and operation after the Reload 7/ Cycle 8 refueling outage.
188 fuel bundles in the reactor core are to be replaced with new fuel bundles during this outage.
The changes to the Technical Specifications involve deleting specifications associated with the discharged fuel and with Cycle 7 specific analyses.
These specifications are replaced with ones appropriate for the new fuel and based on cycle 8 specific analyses.
Other changes involve correcting typographical or other similar administrative errors.
The proposed changes to the Technical Specifications are Attachment I to the Application for Amendment to the Operating License.
The Safety Evaluation for the proposed changes is included as Attachment II. Two General Electric reports, entitled
" Supplemental Reload Licensing Submittal for James A.
FitzPatrick Nuclear Power Plant Reload 7" and " James A.
FitzPatrick Nuclear Power Plant SAFER /GESTR - LOCA Loss-of-Coolant Accident Analysis" are included as Attachments III and IV respectively.
i The General Electric report, " James A. FitzPatrick Nuclear Power Plant SAFER /GESTR - LOCA Loss-of-Coolant Accident Analysis,"
included as Attachment IV to this application contains information which General Electric customarily maintains in confidence and withholds from public disclosure.
This information has been handled and classified as proprietary to General Electric as indicated in the attached affidavit (Attachment V), and the Authority hereby requests that this report be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790.
New York Power Authority STATE OF NEW YORK COUNTY OF WESTCHESTER Subscribed and sworn to
/
j a,wp-before me this, 2 3a d i
n rons day of () e,.4 L 1986 Senior Vice President j
uclear Generation
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l 8701050271 861223 Notary Public ' 33'Y y 7f,$l,.%, yon PDR ADOCK 05000333 4
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w ccey c m m u m t e res March 23 1 U T
GENERAL ELECTRIC C0MPANY AFFIDAVIT I, Ricardo Artigas, being duly sworn, depose and state as follows:
1.
I am Manager, Licensing and Consulting Services, General Electric Company, and have been delegated the function of reviewing the information described in 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 " James A. Fitzpatrick Nuclear Power Plant SAFER /GESTR-LOCA Loss-of-Coolant Accident Analysis,"
NEDC-31317P, October 1986.
3.
In designating material as proprietary, General Electric utilizes the def-inition 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:
a.
Information that discloses a process, method or apparatus 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 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; 1
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; e.
Information which reveals aspects of past, present or future 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 protection; g.
Information which General Electric must treat as proprietary 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 determination 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.
7.
The document mentioned in paragraph 2 above has been evaluated in 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.
8.
The document mentioned in paragraph 2 above is classified as proprietary because it contains important inptt parameters and analysis results of the SAFER /GESTR-LOCA analysis methodology, as well as details of current fuel designs that are not available to other parties.
9.
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 1
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.
10.
Public disclosure of the information sought to be withheld is likely to caus.,
substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with valuable information regarding analysis inputs and results using the SAFER /GESTR-LOCA methodology, which were obtained at considerable cost to the General Electric Company.
In addition, this document contains details, not available to other parties, of the thermal limits for the current General Electric multiple-latt!ce fuel designs. For a multiple-lattice bundle, one lattice may be t1e most limiting with respect to Technical Specification thermal limits over one part of the exposure range, and another lattice may be limiting over another part of the range.
In these cases, composite curves of most and least limiting thermal limits will be developed and placed in the plant Technical Specifications. The lattice specific thermal limits themselves, however, are proprietary to the General Electric Company since valuable design information (i.e., lattice local peaking factors) could be derived by competitors with knowledge of the lattice specific thermal limits.
Although it is necessary to include some thermal limits information in plant Technical Specifications, thus making this information available to competitors, it is important to limit the amount of information available to the maximum extent possible.
STATE OF CALIFORNIA
) ss:
COUNTY OF SANTA CLARA
)
Ricardo Artigas, 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 kno ledge, information, and belief.
Executed at San Jose, California, this f day of 4km
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j RicardesMfT[ad General Electric Company WMlifl98k.
Subscribed and sworn before me this yo OFFICIAL Mo Dht
]c NbTARYPUBLIC,STATEOFQ}L'IFORNIA P
W RNIA SANTA CLARA COUNTY My comm. expires JAN 13, 1983
.