ML20216B501
| ML20216B501 | |
| Person / Time | |
|---|---|
| Site: | Browns Ferry, Cooper  |
| Issue date: | 08/27/1997 |
| From: | Stramback G GENERAL ELECTRIC CO. |
| To: | Kudrick J NRC |
| Shared Package | |
| ML18038B946 | List: |
| References | |
| MFN-043-97, MFN-43-97, NUDOCS 9709080050 | |
| Download: ML20216B501 (6) | |
Text
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GENuclear Energy INN $E2$5e ca9595 August 27,1997 MFN 043-97 U.S. Nuclear Regulatory Commission Mail Stop 08-H7 Washington, DC 20555-0001 Attention:
John A. Kudrick, Containment Systems and Severe Accident Branch
SUBJECT:
Submittal of GE Test Reports Pertaining to Licensing Topical Report, NE%;-32721P, Application Methodology for GE Stacked-Olsk ECCS Suction Strainer GE-NE is submitting the accompanying test reports in support of presentations given by GE to the NRC on July 9,1997 to support the Cooper Station strainer replacement project and another presentation given to the NRC on August 21, 1997 to support the Browns Ferry strainer replacement project. The information in the test reports support the Licensing Topical Report, NEDC-32721P, Application Methodology for GE Stacked-Disk ECCS Suction Strainer, dated March 1997, which was submitted in March 1997 for NRC review and contains the bases for generic replacement strainer loads calculations.
Because portions of the accompanying material contains information which GE-NE customarily maintains in confidence and withholds from public disclosure, an affidavit also is enclosed. The designated information has been handled and classified as proprietary to GE-NE as identified in the enclosed affidavit. GE-NE hereby requests that the designated information be withheld from public disclosure in accordance with the provisions of 10 CFR 2.790. The proprietary information is delineated by bars marked in the margin adjacent to the specific material.
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F-if you have any questions about this submittal please contact me, or Tom Green (GE) at (408) 925-1308.
Sincerely, W[p n$[1'64 George B. Stramback Regulatory Services, Project Manager Tel:
(408)925-1913 Fax: (408) 925-1490 Internet: strambackg@sjcpo5.ne.ge.com
Enclosure:
Affidavit, George B. Stramback, August 27,1997 Attachments:1)
GE Test Report GE-NE-E22-00110-10, ECCS Suction Strainer Hydrodynamic Mass and Acceleration Drag Volume Study Prototype Strainer Tests-Small Tank 2)
GE Test Report GE-NE-E22-00110-11, ECCS Suction Strainer Hydrodynamic Mass and Acceleration Drag Volume Study Perforated and Solid Cylinder Tests 3)
GE Test Report GE-NE-E22-00110-12, ECCS Suction Strainer Hydrodynamic Mass and Acceleration Drag Volume Study Prototype Strainer Tests-Large Tank cc:
S. Litwin (GE)
-TA Green (GE)
MFN file 2
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George B. Stramback, 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.
day of Ou4ud 1997.
Executed at San Jose, California, this 77 N f
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George B. $tramback General Electric Company Subscribed and sworn before me this /[-day of M//4/NT 1997.
Notary Public, State of California ANNA HANt.lN 8
COMM. #1030164 2
NOTARY PUBLCCALFORNIA M.
o-SAN FRANCISCO CotNTY 1
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General Electric Company AFFIDAVIT I, George H. Stramback, being duly swom, 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 in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The infonnation sought to be withheld is contained in the GE proprietary reports GE-NE E22-00110-10, ECCS Suction Strainer Ilydrodynamic A1 ass and Acceleration Drag Volume Simly Prototype Strainer Tests. Small Tank, Revision 0, Class 3 (GE Proprietary Information), dated August 1997, GE-NE E22-00110-11, ECCS Suction Strainer Hydrodynamic Mass and Acceleration Drag Volume Study Perforated and Solid Cylinder Tests, Revision 0, Class 3 (GE Proprietary Information), dated August 1997, and GE-NE E22-00110-12, ECCS Suction Strainer Hydrodynamic Mass and Acceleration Drag Volume Study Prototype Strainer Tesa s. Large Tank, Revision 0, Class 3 (GE Proprietary Information), dated August 1997. The proprietary information is delineated by bars marked in the margin adjarent 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 Infonnation 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 fmancial 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 po.tions also qualify under the narrower defmition of " trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Groun
- 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 a.
data and analyses, where prevention of its use by General Electric's competitors GBS-97-5-af5uctn4. doc Affidavit Page 1 U
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; 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.
(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 rnanager, 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.
GBS-97-5-afSuctn4. doc Affidavit Page 2
(8) The infbrmation identified in paragraph (2), above, is classified as proprietary because it contains explanations, interpretations and details of test results and application methodology for the optimized suction strainer, which GE has developed.
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 evalusc.on 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 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.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is diflicult 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 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 unfair!y 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.
GBS-97-5-af5uctn4. doc Affidavit Page 3 j
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