NRC-92-0065, Responds to NRC 920410 Request for Addl Info Re 920225 Application for Amend to License NPF-43,changing TS for Uprated Power.Ge Response Withheld (Ref 10CFR2.790(a)(4))

Responds to NRC 920410 Request for Addl Info Re 920225 Application for Amend to License NPF-43,changing TS for Uprated Power.Ge Response Withheld (Ref 10CFR2.790(a)(4))

ML20198D096
Person / Time
Site:	Fermi
Issue date:	05/11/1992
From:	Gipson D DETROIT EDISON CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19303E798	List: NRC-92-0065, Responds to NRC 920410 Request for Addl Info Re 920225 Application for Amend to License NPF-43,changing TS for Uprated Power.Ge Response Withheld (Ref 10CFR2.790(a)(4))
References
CON-NRC-92-0065, CON-NRC-92-65 TAC-M82102, NUDOCS 9205180043
Download: ML20198D096 (8)

Text

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=m.,mn-r May 11, 1992 NRC-92-0065 U. S. Nuclear Regulatory Ccemission Attn Document Control Deck Washington, D. C. 20555 .

nef erences: 1) Fermi 2 ,

NRC Docket No. 5 0-341 NRC License No. NFF-43

2) Det roit Edison Let t er, NRC-91-0102, " Proposed License Amendment - Uprated Power Operation", dated September 24, 1991.

3) NRC Letter, dated February 25, 1992. "Fetmi Request for Additional Information Uprated Power Operation License Amendment Request (TAC No. M82102)". ,

4) Detroit Edison Letter, NRC-92-0043, " Detroit Edison Response to NRC Instrumentation & Controls Branch Questions on Fermi 2 Power Uprate Submittal", dated March 26, 1992.

5) NRC Let ter, dated April 10, 1992 " Request fnr .

Additional Information Related to Fermi 2 Power Uprate Amendment Request ' TAC No. 82102)",

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Subject:

Detroit Edison Response to NRC Instrumentation &

Controls Systems Branch (ICSB) Additional Questions on Fermi 2 Power Uprate Submittal (TAC No. 82102)

Reference 2 provided the NRC staff with Detroit Edison's proposed license amendment for uprated power operation. Reference 4 provided the NRC with Detroit Edison's responses to NRC ICSB initial questions contained in Reference 3. Reference 5 provided Detroit Edison with additional questions from the NRC ICSB staf f review of Reference 4. The purpose of thir ' atter is to provide Detroit Edison's tesponses to the NRC's Reference 5 request.

1 g5180043920511 fl P ADOCK 05000341 PDR

s USNRC May 11. 1992 NRC-92-0065 Tage 2 Enclosure 1 to this letter provides a question and responce format to Reference 5. The Fermi 2 staf f would be happy to sieet with NRC staf f personnel to further discuss our responses, i f necesta ry. Your f acilitation of the review of this import .nt license amendment is appreciated.

A substantial portion of Enclosure 1 was provided by General Electric (GE) and has been identified therein as proprietary inf ormation.

Enclosure 2 provides GE's af fidavit to that effect. Therefore, in _

accordance with 10CFR2.790(a) (4), it is requested that Enclosure 1 be withheld f rom public disclosure.

Please contac t Mr. Terry L. Riley, Supervisor, Nuclear Licensing at (313) 586-1684, t o coordinate any further actions on this mat t er, as needed.

Sincerely, gf Enclosures cc: T. G. Colburn A. B. Davis H. P. Phillips S. Stacek

USllRC May 11, 1902 11RC-92-0065 Page 3 I, DOUGLAS R. GIPSON, do hereby affirm that the foregoing statements are based on facts and circumstances which are true and

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accurate to the best of my knowledge an( belief.

4 DOUGLAS R. GI PS0!4 Assistant Vice President 6 Manager, fluclear Production On this // day of f 4/' , 1992, before me personally appeared Douglas R. Gipson.peing first duly sworn and says that he executed the foregoing 80 his free act and deed.

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Notary Public i M diIfl E s I ;fi NOTARY PUBUC ETArd O F P)(3 pCfsg MEN::oE (ot,t y,ry

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e Enclosure 2 14RC-92-0065 ENCLOSURE 2 NRC-92-0065 GENERAL KLECTRIC AFFIDAVIT s

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4BP GENERAL ELECTRIC COMPANY AFFIDAVIT I, DAVID J. ROBARE, being duly sworn, depose and state as follows:

1.

I am llanager, Plant Licensing 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 contiined in an enclosure to Detroit Edison letter NRC-92-0065, datd day 11, '992. The GE f Proprietary portions are identifiable by the "GL Proprietary Information" designation at the top of the page.

3. In designating material as propriehry, General Electric utilizes the definition of proprietary informat on and trade se:rets 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 opport rity 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 inforaation; (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 ease or difficulty with which the information could be proper (ly 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;

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GENERAL ELECTRIC COMPANY AFFIDAVIT

b. Information consisting of supporting data cnd 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 improved marketability;

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 capacities, budget levels or commercial strategies of General Electric, its customers 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 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 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 Manager, 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, competitively

• ect 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.

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GENERAL ELECTRh' COMPANY AFFIDAVIT

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

All disclosures to third parties have been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.

9. Public disclosure of the information sought to be withheld 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 Electric to develop this information.

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GENERAL ELECTRIC COMPANY AFFIDAVIT STATE OF CALIFORNIA )

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COUNTY OF SANTA CLARA )

David J. Robare, l'oing 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 San Jose, California, this 4 E day of MAY 1991_

D David T. Robare General Electric Company Subscribed and sworn before me this day of Y G.s - 19 $.

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