ML20216B821
| ML20216B821 | |
| Person / Time | |
|---|---|
| Issue date: | 04/09/1998 |
| From: | Steven Baggett NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| To: | Stricklin G AFFILIATION NOT ASSIGNED |
| References | |
| SSD, NUDOCS 9804140124 | |
| Download: ML20216B821 (7) | |
Text
.
p>@%.y 4
t UNITED STATES j
j NUCLEAR REGULATORY COMMISSION a
WASHING rON, D.C. 2056H001
% %,,8 April 9, 1998 Glenn Stricklin GE Medical Systems 3000 N. Grandview Blvd., W-641 Waukesha, WI 53188
Dear Mr. Stricklin:
This is in reference to the affidavit dated March 17,1998, in which you requested that pages A10; B7, B9, B15-B18, B22-B88; C5-C25; E2; F2-F11 and F14 of the GE Medical Systems' (GEMS) application dated March 28,1997, as well as, all information attached in response to item 8 (DBA's Manual of Quality Assurance Policies, and GE Procedure OPT-856 and DHR0100) of GEMS' letter dated March 19,1998, for the GE Model 2180506 Attenuation Correction Transmission Scan Box, be withheld from public disclosure pursuant to 10 CFR 2.790.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of GEMS' statements, have determined that portions of the information sought to be withheld contains trade secrets or proprietary commercial information.
However, the staff, in consultation with the Office of General Counsel, has determined that your -
affidavit does not comply with 10 CFR 2.790(b)(4). An example affidavit is enclosed for your reference. Please note the similarity of the wording in the example affidavit to the wording in 10 CFR 2.790.
Section 2.790(b)( t ; of 10 CFR Part 2 requires that each supporting application be accompanied by an affidavit tigi contains a full statement of the reasons on the basis of which it is claimed that the information should be withheld from public disclosure. The section further states that the Commission will consider whether the information is of a type customarily held in confidence by the applicant. Please note that, in general, only that information which can not be obtained througn observation or measurement of components or documentation obtainable by a member of the public can be withheld as proprietary material.
In addition,10 CFR 2.790(b)(1)(Q requires that a non-proprietary version be submitted. In preparing the non-proprietary version place brackets around the material considered to be proprietary, and white out or black out the proprietary portions, leaving the non-proprietary portions intact.
With regard to the diagrams and blueprints, information typically considered to be proprietary includes information such as dimensional tolerances and specific manufacturing notes or details listed on the drawing. Any additionalinformation on the drawings would be releasable. In order to address this, please identify the specific information on each drawing that GEMS' wishes to be held as proprietary.
A proprietary version (with the brackets), non-proprietary version (with the marked out information), and the new affidavit must be submitted prior to the staff making its final proprietary determination. In accordance with 10 CFR 2.790(c), the information sought to be withheld will be placed in the Commission's Public Document Room unless you provide the i
I 9804140124 900409 E
PDR RC
- j SSD PDR I
/.
i G Stricklin Commission with the requested information; or a request that the letter be withdrawn, within
,30 (thirty) days of the date of this letter i
If you have any questions concerning this matter, please contact me at (301) 415-7273.
Sincerely, even L. Bagg, Deputy Branch Chief Materials Safety Branch Division of Industrial and j
Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards i
Enclosure:
Example Affidavit i
l I
t
G Stricklin - Commission with the requested information, or a request that the letter be withdrawn, within 30 (thirty) days of the date of this letter if you have any questions concerning this matter, please contact me at (301) 415-7273.
- Sncerely, (or'g. signed by)
Steven L. Baggett, Deputy Branch Chief i
Materials Safety Branch Division of Industrial and Medical Nuclear Safety Office of Nuclear Material Safety and Safeguards i
Enclosure:
Example Affidavit
\\
i40003 j
\\
Distribution:
iMNS r/f SSD-97-30 NE01' l
DOCUMENT NAME: H:\\ERIC\\ MISC \\GE.ADF lun-No cow
'?'"i'* 'f*" *!** ti""*"'M*'*{h"*S'?l* congg{og].u.gn.ngny_logug3[y]pg73.ti.;gn nt a
[fOFFICE lNAME _._ECompton o
.S aggM M Siemien hf[d.
k$?== 0 I*???=======?b_fb=$.-- - - =
0.: ??r. - - - = = = = = = = = = = =. =. = = =
l l-OFFICIAL ECORD COPY t
I L
~.
3
}"
4 General Electric Company AFFIDAVIT I, Darki J. Robers, being duly sworn, depose and staae as follows:
(1)
I am Project Manager, Plant IJcensing/ Renewal Projects, General Coctric Company (*GE*) and have been delegnand the function of reviewing the information deemibed in paragraph (2) which is sought to be withheld, and have been authorised to apply for its withholding.
(2)
The infonnation sought to be withheld is anaamiasul in the GE proprietary report NEDC-31984P, Generic AhuAuedons gGeneral Bearde Boding Water Am**w Amer U)waar.hypioneur 2, dated h 1992.
(3)
In making this application for #
h- ; orproprietary information of which it is the owner, GE relies upon the exemptica from discloaire set forth in the Freedom ofInformation 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 informatian obtained from a person and privileged or confidential" (F=% 4).1he material for which exemption from disclosure is here sought is all " con 5dential commercial infonnanon", and some portions also qualify under the narrower definition of ' trade secret",within the meanings 1
assigned to those terms for purposes of POIA Frampnaa 4 in, respectively, Critical Mass Enerry Proiect v. Nuclear Berulatory Omnmissinn. 975F2d871 (DC Cir.1992), and 7 2"-
F
"- " *- - d-h
- v. FD&,,
704F2dl280 (DC Cir.1983).
(4)
Some examples of categories ofinformation which 6t into the definition of proprietary information are:
O Infonnation that dela== a process,== shad, or apparatus, includin supporting data and analyses, where prevention of its use by General 15ectric's competitors without licecse from Genmal Electric constitutes a competitive economic advantage over other companies; b Infonnation which,if used by a competitor, would reduce his
- M ure t
of resources or innprove his competitive position in the design, manufni:sure, shipmmit, inne=Hadan, assurance of quality, or licensing of a similar product; u
i
- c. Information which reveals cost orprice infonnation d
budget levels, or conumercial strategies of General or its appliers;
- d. Infor=neian Bectric causanner-funded development p commercial value to General Sectric;
)
- e. Information wnich dietaman pasentable subject ma l
/
GA sc atMain patent protection.
infonnation sogght to be withheu in =
-_t reasons set Abrth in both W be proprietary for the (4)a. and (4)b.,
(5)
'Ihe infonnation sought to'be withbed is bei ca=1L a ng abmitted to NRC in GE, and is in fact so held. Its initial designad set forth in (6) and (7) following. The infor to the best of my knowledge and belief, naamiendy been held i by GE, no public dietamat has been made, and it is not n ence sources. Alldi=a' NRC, have been made, or must be made, pursua orproprioiary :greements which provide for maintenance of the in in naand==m (6)
Initial approval of proprietary trant=*at manager of of a dar=nesit is made by the acquainted. with 'he value and mannitivity of th industry knowledge.
Access to such darnmaats
'need w know basis.
within OE is limiL~l on a (7) requires review by the staff sunager, pniect other equivalent authority, by the manger of the cognimet mar function (or his dele compostive asoce, gate), and by the 1Agal Operation, for technical conte and deter-i=*iaa of the
=ey of the peceristary designason.
Discloemes oumide GE are limited w regulatory bodies, customers, and posential casemers, and their asists, appliers, and lic and others with a legitimate ased for the infonnation, and then on accordance withappropriate regulatory provisions orpW agreemmes.
Andsva hee 2
7 infonnation identified in pamgraph (2) is etaanih! as proprietary 31 Contains M malta d analytical abodels, esehnrie and pmomms, incending computer cadm, winch GE has developed, obtained NRC appmat of,and applied in per.ona evaluations orthe power upate condition for the mWR.
I The development-and approval of the BWR transient and accident analysis
/
computer codes used in this analysis was achieved at a signi&=at cost, on the order of a millian dollars, to GE.
,p De h-A
~--? of the evaluation process along with the interpretation and gcg g
application of the analyncal results is derived frein the extensive experience 7
database that armarih*= a nukr GE asset.
- ( C
(
(/
(9)
Public disclosure of the infonnation sought to be withheld is likely to cause d
substasial hans to GB's competitive position and foreclose or reduce the availability of pront-making opportunities. De m' fonnation is part of GE's comprehensive BWR safety and technology base, and its commercial value O
extends beyond the original dev@t cost. De value of the technology base goes beyond the extensive physical database and analytical methodology and includes dev=Wt 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-ay,noved methods.
ne research, dev%-'. engineering, analytial and NRC review costs comprise a suhtantial invenement of time and reasey by GE.
ne precise value of the expertise to devise an evaluation process and apply j
the correct analytical methodology is difficult to quantify, but it clearly is j
substantini.
GE's competitive advantage willbe lost ifits competitors are able to use the results of the GE expmience to normalise or verify their own process or if they are able to claim an equivalent understanding byd==an==trating that they can arrive at the sune or similar ->==i.==
ne vains of this infonnation a GE would be lost if the information were discloemd to the public. Making such infonnation available to competitors without their having been required to undertake a similar Wture of resourens would unfairly provide competitors with a windfall, and deprive GE of the opportunity to asereise its competitive advantage to seek an adequate return as its large investment in developing these very valuable analytical toota.
ASeed hoo 3
F J
=
~
-...... - ~
STATE OF CAIJPORNIA I
)
COUNIT OF SANTA CLARA )
)
m:
David J. Robare, being duly s
\\
\\
'Ihat he has read the foregoin worn, deposes and says:
and correct to she best of his kno lg afBdavit and Executed at San Jose, California wedge, infonnation, and b "In
, this 1 day of NO M ER 1993.
David J. Robare General Electric Company
\\
Subscribed and sworn before
\\
me.this /f day of
_ 1993.
8Cm I
wm,w
/> }a Canne
.I.
W Pablic, State oE S4NIA CLAln COUMY MyCm Eusdres SIPXL N II/16/93RTH 4
e
'e/N,, e