ML20236X540

Informs That Attachment to General Electric Ltr MFN-032-097 Dtd 970702,(responses to RAI 1 Through 13),marked as Proprietary Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5) & Section 103(b) of AEA of 1954,as Amended

ML20236X540
Person / Time
Issue date:	08/05/1998
From:	Kim T NRC (Affiliation Not Assigned)
To:	Robare D GENERAL ELECTRIC CO.
References
TAC-M95087, NUDOCS 9808100076
Download: ML20236X540 (2)

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. . . . . ,o August 5, 1998 Mr. David J. Robare, Licensing Sentices Manager General Electric Company 175 Curtner Avenue San Jose, CA 95125

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (NRC REQUEST FOR ADDITIONAL INFORMATION (RAl) ON GE TOP! CAL REPORT NEDC-32523P, " GENERIC EVALUATIONS OF GENERAL ELECTRIC BOILING WATER REACTOR EXTENDED POWER UPRATE")) (TAC NO.

M95087)

Dear Mr. Robare:

By General Electric Company's (GE's) letter (MFN-032-097), and affidavit dated July 2,1997, GE submitted additional information in response to NRC's March 17,1997, RAI on GE Licensing Topical Report NEDC-32523P and requested that the respontes to the RAls be withheld from public disclosure pursuant to 10 CFR 2.790.

GE stated that the information submitted should be considered exempt from mandatory public disclosure for the following reasons:

1. The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GE's competitors without license from GE constitutes a competitive economic advantage over other companies.

2. The information, 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.

3. 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 j technology base goes beycnd the extensive physical database and analytic:!

methodology and includes development of the expertise to determine and apply the f appropriate evaluation process. In addition, the technology base includes the value I derived fram providing analyses done with NRC-approved methods, includ;ng k a justifications for not including certain analyses in applications to change the licensing ,

basis. '(O i

We have reviewed your letter and the material in accordance with the requireme'its of 10 CFR l 2.790 and, on the f, Mis of your statements, have determined that the submitteJ information sought to be withh6 contains proprietai/ commercial information.  !

l Therefore, the attachment to your July 2,1997, letter (Response to RAls 1 through 13), marked i as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. -

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6 L' 9808100076 980805 I PDR TOPRP EMVGENE C PDR ,

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D. J. Rob ra August 5, 1998 Withholding from public inspection shall not affect the right, if any, of persons properly and

- directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basic for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, ORIGINAL SIGNED BY Tae Kim, Senior Project Manager Project Directorate ill-1 Division of Reactor Projects -Ill/IV Office of Nuclear Reactor Regulation ec: Mr. Wayne Marquino, Project Manager General Electric Company 175 Curtner Avenue San Jose, CA 95125 1

I DISTRIBUTION Docket File E. Adensam (EGA1)

PUBLIC MPSiemien

, PD3-1 Rdg DOCUMENT NAME: G:\WPDOCS\UPRATE\GE970702. PRO Ta .melve a copy of this document, indicate in the box: "C" = Copy without attachment / enclosure *E" = Copy with ege iment/ enclosure "N" = No copy l 0;1CE LA:PD31 C PM:PD31, C OGC r ,C D:PD31 (i NAME CJamerson d/ TJKim 776 MPSiemient[D CACarpentef4 lDATE 7/ .24 /98 K 7/ 79 198 7/ 3 0 /98 7/ 3 0 /98 ,

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