NRC-92-0043, Forwards Response to NRC Instrumentation & Controls Branch 920225 Request for Addl Info on 910924 Proposed Amend to License NPF-43 Re Uprated Power Operation.Ge Rept GE-NE-901-014-0392-2 Also Encl.Response & Rept Withheld

Forwards Response to NRC Instrumentation & Controls Branch 920225 Request for Addl Info on 910924 Proposed Amend to License NPF-43 Re Uprated Power Operation.Ge Rept GE-NE-901-014-0392-2 Also Encl.Response & Rept Withheld

ML20141M018
Person / Time
Site:	Fermi
Issue date:	03/26/1992
From:	Orser W DETROIT EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML20034D405	List: NRC-92-0043, Forwards Response to NRC Instrumentation & Controls Branch 920225 Request for Addl Info on 910924 Proposed Amend to License NPF-43 Re Uprated Power Operation.Ge Rept GE-NE-901-014-0392-2 Also Encl.Response & Rept Withheld
References
CON-NRC-92-0043, CON-NRC-92-43 TAC-M82102, NUDOCS 9203310139
Download: ML20141M018 (9)

Text

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Patch 26, 1992  ;

HRC-92-0043  :

i U. S. Nuclear L.guletory C(mmission  !

Atto Docteent Contiol Desk i Washingtori. D. C. 20$$$

References:

1) Fettei 2 '

NRC Docket No. 50-341 NRC License No.14PF-43 i

0) Detroit Edison Let t er NFC-91-0102. " Proposed License Amendaent - Uprated Power Operation", dated September 24. 1991  !

3) NRC Lettet, dated February 25, 1992. "Fe stai 1<equest for Additional Inforttation Upretcd Power Operation Licence Amehdatent requeot (TAC Ho.

M82102)"

4) Detroit Ediaon Let t er. NRC-92-0038 "Det sof t - Edison R$sponse to NBC Mechanical Et gineering Branch  !

Questions on Fermi-2 Power Uprate ! cbmit t al", dated

-Mareh 23. 1992 *

Subject:

Detroit Edison Response to NRC Instrunentotion &

Ccot t ols Erench Questionc on Fersni 2 Power Uptat e

• Submittel __ _

Reference 2 provided the NRC Staff with Fermi 28 8 proposed License Amendment for Uprated Power Operation. Reference 3 provided Detroit Edison with the NRC st aff's It+t t unent ation & Cont J ols Engineez ing Branch questions f rotu their review of Refe ence 2. The purpose of this letter is to provide Detroit Edison's responses to the Reference ,

3 request..

The Enclosure to this: 1et ter provideo a question and recponne fontant to Feference 3. At tachsent .1 prevides, t he request ed Feraf 2 setpoint ,

calculationn fos Power.0 prate. The Fettui 2 staf f would be happy to meet with NRC: stsf.f potsonnel to further discusa our responnes, if nec er ca ry. Your f ecilitation of the review for this important if cense  ;

-amendment'da apprecisted. ,

A oubstantiel portion of the Enclosure to this letter wou provided by General. Elect ric (GE) and has been identified ther ein as propif etary infotwation. Attachtaent 2 provides CE's af fidavit to that effect.

/'[] o n e 9203310139 DR 920326 "Oi ADOCK 05000343 een >'i  ;

00ldFC March 26 1992 1;PC- 9 2--0043 l'a g e 2 T1,o n e f o i e , in act ot dance wi t h 100F1:?. 7(P. it Jr i eques: t ed t ha t tl+

1:nclouut e and At t airl:4e ri t I le withbeld fiou pollic diu lo:use.

At t achtent 3 pt oviden: CE's affidavit los t he l<cle t enc e 4 rubitit t al, no r equer t ed by Mt . T . G . C ell >u ssi, film . '! bio et i idavit applici. only to t i.e 1: e f e r e tic e 4 CE st.n t e r i al .

Flence coritart l's . To t ty L. lill ey . Su pe r v i o o t . 1;o c l e r. : Lloesioisig at (313) $86-1684, t o cesor dittat e any Iun t he t actiono cri tbi5: saa t t e t , on ne ed e d .

Titice s ely.

/

Enclosure At t ac himnt o (3) cri 7. G. Colburn A . 11 Davis P. W. Derayet t e S. 9tacek l

E___________________ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ __ ________ __ __

4 .

USNitC Ma ch 26,1992 N RC 0043 Tage 3 e

l I. W111.1/.h S. OPSER, do be oby of fis an tbet tbe iosegoisig utesttsento ar e based on f act s and citeucistances ubic'n es e t rue and accur ate t o w the best of my kncvledge end belief.

.J WILi;1 Aft"S$'6ESEE' Senior Vice President on tbie ((b'N. _ , day of // d;i,c[. ,

1992, beiet e me personally appeared William S. Orrer, being fitut duly swotn and says that be executed tbc f otegoitig as his f ree act and deed. -

JNotary ddito h 0

/Y hQ t://c Public

<D [jl.h * , '

t ~ I( I

• 2 l\ l : ' s '; y '/

VV (? \f r .. 7 J W %,

Iii uk si i . . - -

1 4

i GENEllAl, El.EclHic COMPANY AITIDAVIT I, HollEltT C, MITCilEl.l., being duly sworn, depose and state as follows:

1. I am Manager, Safety, linvironmental and Quality Assurance, General lilectaie ,

and have been delegated the function of reviewing the information Company,in described paragra sh 2 which is sought to be withheld and have been authmized to apply for its withhoking.

2. The information sought to be withheld in enclosures to Detroit !!dison Company letter NitC 92 0043, Detroit lidisons Response to NI(C lustrumentation & ContrJ1 Dranch Questions on Fermi 2 Power Uprate Submittal", dated March 26, 1992; including Attachment 1, Gli lleport, Gli N!! 901014 0392 2, " Fermi 2 Set aoints for 1 ower Uprate", dated March 25, 1992. The GE Pro are identifiable by the "Gli Proprietary Information'prietary portions desigiuoion at the of this report top of the page.

3. In designating material as proprietary, General lilectric utilites the definition of 1roprietary infortnation and trade secrets set forth in the An.crican 1.aw Institute's itestatement 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 na 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 '.:sc 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 and to his competitors;(5) the amount of effort or money expanded by him developing the information;(6) the case or difficulty with 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 apjaratus where prevention of its use by General lilectric's competitors without license from General lilectric constitutes a competitive economic advantage over other companies;

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the appheation of which pro'.ide a competitive economic advantage, e.g., by optimization or improved marketability; I

1

t f

GENERAL, El.ECTRIC COMpsNY AITIDAYlT

c. Information which if used by a competitor, would reduce his espenditures of resources or improve his competitive position in the design, manuhteture, shipment, installation, assurance of quality or licensing of a similar product;

d. Information which reveals cost or price information, production capacities, budget levels or conuncreial strategies of General lilectric, its customers or suppliers;

c. Information which reveals aspects of past, present or future General Electric >

customer funded development plans and programs of potentia! conunercial value to General Electrie;

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, the person who is most likely to be acquainted with the value and sensitivity of the information in relatbn to industry knowledge. Access to such documents withm the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary. ,

6. The procedure for appioval of exterral release of such a document typically requires

• review by the Subsection Manager, Project Manager, principal Scientist or other equivalent authority, by the Subsection Managcr of the cognizant Marketing function (or delegate) and by the legal Operation for technical content, competitively effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above, Disclosures outside General Electrie are generally litnited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees then only with appropriate protection by applicable regu atmy 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 inforraation which is proprietary and which is customarily held m confidence by General Electrie.

8. The information to the best of my knowledge and belief has consistently been held in confidence by General Ekcnic Company, no public disclosure has been made, and it h not availabic in public sources.

1 L

i GENEltA1. El.Orl'itiC COMPAN)

Al'iril)AVIT

8. All disclosures to third pardes have been made pursuant to regulatory provisions of pro?tietary agreements which provide for maintenance of the iriformation in con'idence. ,

9 Public disclosure of the information sought to be wi:hhehl is likely to cause ~

substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities. A substantial' effort has been expended by General I!!cetric to develop this information.

GENERAL, El.ECTRIC CO.\lPANY AFFil)AYlT STATE Of CAI.lFORNIA }

} ss:

COUN'IY OF SANTA Cl.AllA }

R. C. Mitchell, being duly sworn, deposes and says:

That he has read the foregoing amdavit and the matters stated therein are truly and correct to the best of his knowledge,Information, and twlief.

Esecuted at San Jose, California, this . llay of /D A /X H 19 $,

MM C

• IF6fie~r^tTDTiiciiell idd~( " ~ ~

General Electric Company Subscribed and sworn before me this A iy of, )A m d 19f7.2.

7--- __ _ _ __

OFFICIAL SEAL

}( f gQ(

~

MArlY L KENDALL [ Notary Pulille, State of California I

,f *W , Nowy Pubhe-Cakfornia I s' SANTA CLARA COUNTf I M l I _ .y Comm-. Esp M.v. to.1993_,

GENERAL. ELECTRIC COMPANY  ;

ATT! DAVIT l

1. ROBERT C. MITCliELL, being duly sworn, depose and state as follows:

1. I am Hanager Safety. Environmental and Quality Assurance, General Electric Company, and have been delegated the function of reviewing the ,

information described it. 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 Detroit Edison Company letter NRC-92-0038,

• Detroit Edison Response to NRC Mechanical Engineering Dranch Questions on fermi-2 Power Uprate Submittal", dated March 23, 1992. The GE Proprietary portions of this report are identifiable by the "GE Proprietary Informatic:1" designation at the top of the page.

3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Eaw 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 trado 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 and to his competitors; (5) the amount of effort or money expanded by him developing the information; (6) the case or difficulty t;ith 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 provention 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, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or iraproved marketability;

~ ._. _ . _ _ _ __ _ _ . _ . _ _ ___ _ _ _ _ _ _ . _

i l

se . . . - - -

GENERAL CLECTRIC COMPANY AFF10AVIT

c. Information which if used by a competitor, would reduce his expenditures 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 i capacities, budget levels or commercial strategies of General  ;

Electric, its custorners or suppliers;  !

e. 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 metter 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 Su)section Manager of the originating component, the person who is most likely to be acquainted with the value and sensitivity of the '

information in relation to industry knowledge. Access to such docunients 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 Hanager, Prrject Manager, Principal Scientist or other equivalent authority, by the Subsection flanager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitively effect and determination of the accuracy of the aroprietary 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 egreements.

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.

B. The information to the best of my knowledge and belief has consistently L been held in confidence by General Electric Company, no public disclosure I

has been made, and it is not available in public sources.

• _- - _ - - . _ - _ -_ - -. w _ . --

GENERAL ELECTRIC COMPANY AFFIDAVIT

8. All disclosures to third parties have been rnade pursuant to regulatory provisionL of proprietary agreements which provide for maintenance of the information in confidenc9.

9. Public disclosure of the information sought to be withheld ts likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities. A substantial effort has been expended by General Electric to develop this information.

GENERAL ELECTRIC COMPANY AFFIDAVIT STATE OF CALIFORNIA )

) ss:

COUNTY OF SANTA CLARA )

R. C. Mitchell, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are truly and correct to the best of his knowledge, information, and belief.

Executed at 5an Jose, California, this M # day of M 8_RC El 19 h G24u4 c. ohwa' ~~Q*

li55ert C. HRifiell General Electric Company Subscribed and sworn before me this # day of }/ W A 19 lM .

7_-.______

w l OFF9CIAL SEAL

/

l

{ ,;fg,[t. A% ?n?ONES^h s5CLARA COUNTY

[l Altw I%hN flotary Pii5 Tic, state of calTfirnla

[ M/Comm. Exp Ms ,?o,1993

-_ . , , . _ - . . . _ - _ - . . . - - - _ , .v-, , _ - . . - - . - _ _ _ _ _ , - . _ , , _ _ _ ~ . . . - ~ . - _ _ - , - , ,