ML20247K933
| ML20247K933 | |
| Person / Time | |
|---|---|
| Site: | Limerick  |
| Issue date: | 05/01/1998 |
| From: | Watford G GENERAL ELECTRIC CO. |
| To: | Joshua Wilson NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM) |
| Shared Package | |
| ML20013J431 | List: |
| References | |
| GAW-98-010, GAW-98-10, MFN-015-98, MFN-15-98, NUDOCS 9805220267 | |
| Download: ML20247K933 (4) | |
Text
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i J7)- 3[2-l GENuclear Enemy 4
GeneralElectric Corrpeny P. O. Box 780, Wilmington, NC 28402 May 1,1998 l
MFN-015-98
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l GAW-98-010 Document ControlDesk
' Nuclear Regulatory Commission i
Washington, D. C. 20555-0001 l
Attention: James H. Wilson
Subject:
Customer Communication on Channel Bow i
i This letter transmits a copy of the communication that was provided to our customers discussing the recent channel bow experience at Limerick Unit 1.
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Information contained in the attachment is of the type which GE maintains in confidence and withholds from public. It has been handled and classified as proprietary by GE as l
indicated in the attached affidavit. We hereby request that it be withheld from public
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disclosure in accordance with the provisions of 10CFR2.790.
Ifyou need further information,1. lease contact Jim Rash, (910) 675-5612 or myself.
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Sincerely,
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l Glen A. W ord, Manager l
Nuclear Fuel Engineering h
(910) 675-5446 i
Attachment 9005220267 990501 PDR ADOCK 05000352 '
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GeneralEinatric Connpeny P. o. Son 700, %4hrnkgton, NC 20402 Affidavit I, Glen A. Watford, being' duly sworn, depose and state as follows:
- (1) I am Manager, Nuclear Fuel Engineering, 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 information sought to be withheld is contained in the attachment to the letter, Glen A.
Watford(GE) to James H. Wilson (NRC), Cdstomer Communication on Channel Bow, dated May 1,1998.
(3) In makm3 this application for withholding of proprietary information of which it is the owner, f
GE relies upon the exemption from disclosure set forth in the Freedom ofInformation Act
("FOIA"),5 U3C Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.790(a)(4) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential"(Exemption 4). 'Ihe i
material for which exemption from disclosure is here sought is all " confidential com,nercial info.,..1,: ion," and some portions also quahfy under the narrower definition of" trade secret,"
within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Faarav Projact v. Nucler Remilatary Commissian_ 975F2d871 (DC Cir.1992), and Public Citizen Health Research Grouo v. FDA,704F2dl280 (DC Cir. -
.1983).
(4) Some examples of categories ofinformation which fit into the defmition of proprietary 1
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 l
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; l
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; Page1 i
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v e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
f.
h 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) De h L..
Guit sought to be withheld is being submitted to NRC in confidence. He information is of a sort customarily held in enaMaana by GE, and is in fact so held. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disck. e, are as set forth in (6) and (7) following. He information sought to be withheld has, to the best of my knowledge and belief, consistently been held in con 6dence 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 regulatoiy provisions or proprietary agreements which provide for mamtenance of the information in confidence.
(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) De procedure for approval of external 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 marketmg function (or his delegate), and by the Legal Operation, for technical cantant, competitive effect, and determination of the accuracy of the proprietary designataan. 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.
(8) ne information identified in paragraph (2) is classified as proprietary because it contains detads of GE's fuel channel design technology, data, and operating exposures.
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%e development of the processes and methods used in this technology was achieved at a significant cost, on the order of several million dollars, to GE.
i (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. He fuel design is part of GE's comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. He value of the i
technology base goes beyond the extensive physical database and anal tical methodology and 3
includes development of the expertise to determine and apply the appropriate evaluation i
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procas. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
De research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by GE.
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i ARkhndt
'Ihe precise value of the expertise to devise an evaluation process and apply the correct analytical M ~Ialogy is difficult to quantify, but it clearly is substantial.
k GE's competitive advantage will be lost ifits 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
.=_t _:=_r-- by t- =-+1 rating that they can arrive at the same or similar conclusions.
l Tbc 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 l
undertake a simdar expenditure of resources would unfairly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an W* return on its large investment in developing these very valuable analytical tools.
r State ofNorth Carolina )
33 l-County ofNew Hanover )
Glen A. Watford, 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.
Executed at Wilmington, North Carol', this 4 day of ddA4 19N I
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f len A.
ord General Electric Company i
Subscribed and : worn before me this M day of Mto
.19 97 I
su /M, h$dcN l
Not blic, State ofNonh Carolina My commission expires
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