ML20217A414
| ML20217A414 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 03/16/1998 |
| From: | Geoffrey Edwards PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC |
| To: | NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20013F841 | List: |
| References | |
| NUDOCS 9803250046 | |
| Download: ML20217A414 (7) | |
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PECO NUCLEAR nco e_,, ce,enee, 9cs cnesiernrook Bouievard A Unit of PECO Energy WaynefA 1908P.2691 March 16,1998 Docket No. 50-352 License No. NPF-39 U.S. Nuclear Regulttory Commission Attn: Document Control Desk Washington, DC 20555
Subject:
Limerick Generating Sta'. ion, Unit 1 information Supporting Evaluation of Jet Pump Flow Imbalance ProprietaryInformation
Dear NRC Officlais:
This letter forwards copies of two (2) General Electric Company (GE) documents supporting the evaluation of the jet pump flow imbalance condition at Limerick Generating Station (LGS), Unit 1.
This information is being submitted in response to the NRC's request. The following GE documents are attached:
GENE-613-01920-23-1,
- Limerick Unit 1, Jet Pump Fiow Mismatch Vibration e
Evaluation," dated March 1998 (Proprietary Information)
Letter from S. H. Sundaram (GE Nuclear Energy) to Frank Cook (PECO Energy),
e Subject " Limerick 1 Jet Pump 1 and 2 Flow Imbalance Evaluation at 100% Core Flow," dated February 13,1998 (Proprietary Information).
These documents contain information of a proprietary nature to GE. The proprietary information is delineated by vertical bars in the margin adjacent to the specific material. Therefore, in accordance with the requirements of 10 CFR 2.790(a)(1)(i)(4) we are requesting that the proprietary information be withheld from public disclosure since it contains information pertinent to trade secrets and commercial or financial information considered to be privileged or confidential.
in accordance with the requirements of 10CFR2.790(b)(1) the required affidavit supporting this request is enclosed.
If you have any questions or require additional information, please do not hesitate to contact us.
Ve truly yours, m
Garrett D. Edwards Director-Licensing
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H. J. Miller, Administrator, Region I, USNRC (w/o attachments / enclosure)
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A. L. Burritt, USNRC Senior Resident inspector, LGS (w/o attachments / enclosure) dd i.,5 S lo$$N Y
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ATTACHMENTS GENE-B13-01920-023-1, " Limerick Unit 1, Jet Pump Flow Mismatch Vibration Evaluation Letter from S. H. Sundaram (GE Nuclear Energy) to Frank Cook (PECO Energy), Subject " Limerick 1 Jet Pump 1 and 2 Flow Imbalance Evaluation at 100% Core Flow"
)
ENCLOSURE General Electric Company Affidavit 1
General Electric Company AFFIDAVIT I, David J. Robare, being duly sworn, depose and state as follows:
(1) I am Licensing Services Manager, Technical 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 forits withholding.
(2) The information sought to be withheld is contained in the GE proprietary report GENE-B13-01920-23-1, Limerick Unit 1, " Jet Pump Flow Mismatch Vibration Evaluation", dated March 1998 and a letter from S.H. Sundaram, GE Nuclear Energy to Frank Cook PECO Energy, Subject " Limerick 1 Jet Pump 1 and 2 Flow Imbalance Evaluation at 100% Core Flow, dated February 13,1998. The proprietary information is delineated by bars marked in the margin adjacent 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 Information 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 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 portions also qualify under the narrower definition of" trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enercy Project v. Nuclear Reculatory Commission. 975F2d871 (DC Cir.1992), and Public Citi7en Health Research Group
- v. FDA,704F2dl280 (DC Cir.1983),
(4) Some examples of categories of information which fit into the defimition of proprietary information are:
a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies; 12/13/93RTil Affidavit Page I J
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-funded development plans and programs, of potential commercial value to General Electric; c.
Information which discloses patentable subject matter for which it may be 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 information, and the subsequent steps taken to prevent its unauthorized disclosure, l
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 extemal 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.
12/13/93RTil Affidavit Page 2
,,a (8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, plant specific testing, methods and processes, including computer codes, which GE has developed, and i
applied in the development of flow induced vibration technology.
Additionally, GE has invested substantially in a high flow hydraulic test facility to further improve flow induced vibration technology.
The development of the 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 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.
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 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 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 investment in developing these very valuable analytical tools.
l 12/13N3RTH Afridavit Page 3
I STATE OF CALIFORNIA
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ss:
COUNTY OF SANTA CLARA
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David J. Robare, being duly sworn, deposes and says:
i 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 San Jose, California, this 13 day of NA8 G 1998.
e David J. Robare General Electric Company Subscribed and sworn before me this 13 day of Mo-t.h 1998.
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