ML20235S947

Forwards GE Proprietary Rev 1 to NEDE-24053-P-1, LOCA Analysis Rept for Brunswick Steam Electric Plant Unit 2. Rept Withheld (Ref 10CFR2.790).GE Affidavit Encl

ML20235S947
Person / Time
Site:	Brunswick
Issue date:	10/02/1987
From:	Zimmerman S CAROLINA POWER & LIGHT CO.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19304B553	List: ML20235S947
References
87TSB03, 87TSB10, 87TSB3, NLS-87-217, NUDOCS 8710090198
Download: ML20235S947 (6)

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• j CNLL Carolina Power & t.lght Company OCT 2 B67 SERIAL: NLS-87-217 f 10CFR50.90 87TSB03 87TSB10-United States Nuclear Regulatory Commission ATTENTION: Document Control Desk Washington, DC 20555 BRUNSWICK STEAM ELECTRIC PLANT, UNIT NOS.1 AND 2 DOCKET NOS. 50-325 & 50-324/ LICENSE NOS. DPR-71 & DPR-62 SUPPLEMENT TO REQUEST FOR LICENSE AMENDMENT FUEL CYCLE NO. 8 -- RELOAD LICENSING ELIMINATION OF CYCLE-SPECIFIC VARIABLES Gentlemen:

By letters dated September 4,1987, Carolina Power & Light Company (CP&L) submitted two requests for license amendments: (1) Elimination of Cycle-Specific Variables (designated as Technical Specification Change 87TSB03) and (2) Fuel Cycle No. 8 --

Reload Licensing (designated as 87TSB10). In those letters, we committed to provide the Loss-of-Coolant Accident Report by October 15,1987.

Enclosed is the General Electric document " Loss-of-Coolant Accident Analysis Report for Brunswick Steam Electric Plant, Unit 2,"(NEDE-24053, Revision i dated September 1987). This document contains information proprietary to General Electric that is supported by the enclosed affidavit signed by General Electric, the owner of the information. The affidavit sets forth the basis on which the information may be withheld from public disclosure by the Commission in accordance with 10CFR2.790(b)(1).

Accordingly, we request that the information, which is proprietary to General Electric, be withheld from public disclosure in accordance with 10CFR2.790.

Please refer any questions regarding this submittal to Stephen Floyd at (919) 836-6901.

8710090298 871002 Yours very truly, PDR ADOCK 05000324 .

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-WRM/pp (5303WRM) Nuclear ensing Section

Enclosures:

(1) Affidavit for Withholding of Information (2) NEDE-24053, Revision 1 l cc: Dr. J. Nelson Grace Mr. W. H. Rutand Mr. E. D. Sylvester Mr. M. W. Hodges Mr. Dayne H. Brown

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l ENCLOSURE 1 TO SERIAL: NLS-87-217 AFFIDAVIT FOR WITHHOLDING OF INFORMATION BRUNSWICK PLANT, UNIT NOS.1 & 2 87TSE03 87TSB10 l

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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

" Loss-of-Coolant Accident Analysis Report for Brunswick Steam Electric Plant Unit 2, "NEDE-24053, Revision 1, dated September 1987.

3. In designating material as proprietary, General Electric utilizes the definition 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 ani to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the case 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, l including test data, relative to a process, method or apparatus, the application of which provide a competitive l economic advantage, e.g., by optimization or improved marketability; I

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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; l

c. 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, 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 ManaEer, 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 details of the GE8x8EB fuel design not available to other parties. In addition, this document contains details of the thermal limits of the GE8x8EB fuel design. These limits could be used by competitors to derive valuable design information. 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 to the extent possible.

9. The information to the best of my knlowledge and belief has consistently been held in confidence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have f been made pursuant to regulatory provisions of proprietary l agreements which provide for maintenance of the information in confidence. J 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 ,knowledg information, and belief. / -

Executed at San Jose, California, this dapf d[/V , 1987.

Edddi Rica grd:Egas Genstal Electric Company Subscribed and sworn before me thi ay of (M N 1987.

, _, w dY [$1(Mil $1 NOTARY PUBLIC, STATE OF G EIFORNIA OFFICIAL SEAL

,/*,""l^ PAUI A F HUSSEY U T tJoTAny PUBLIC

• CAllr0RNIA "f SANm OLAF,A C0tlNTY My comm. expires IAN 13. 1989 1

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ENCLOSURE 2 TO SERIAL: NLS-87-217 LOOS-OF-COOLANT ACCIDENT ANALYSIS FOR BRUNSWICK STEAM ELECTRIC PLANT, UNIT 2 (NEDE-24053, REVISION 1) -

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