RBG-26651, Forwards Proprietary Suppl 1 to Supplemental Reload Licensing Submittal for River Bend Station Reload 1. Rept Withheld (Ref 10CFR2.790)

Forwards Proprietary Suppl 1 to Supplemental Reload Licensing Submittal for River Bend Station Reload 1. Rept Withheld (Ref 10CFR2.790)

ML20235E238
Person / Time
Site:	River Bend
Issue date:	09/18/1987
From:	Booker J GULF STATES UTILITIES CO.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19304B496	List: RBG-26651, Forwards Proprietary Suppl 1 to Supplemental Reload Licensing Submittal for River Bend Station Reload 1. Rept Withheld (Ref 10CFR2.790)
References
RBG-26651, NUDOCS 8709280030
Download: ML20235E238 (4)

Text

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5 e GULF STATES UTILITIES COMX'ANY RIVER Bf ND St AllON POST OFFICE BOX 220 ST. FRANCISVILLE. LOUISlAhA 70775 AREA CODE 504 635 6094 346 8851 September 18, 1987 RBG- 26651 File No. G9.5, C9.8.9.6 U.S. Nuclear Regulatory Commission Document Control Derk Washington, D.C. 20555 Gentlemen:

River Bend Station - Unit 1 Docket No. 50-458 Enclosed is supplemental information to Gulf States Utllities Company's (GSU) reload licensing submittal originally transmitted in CSU's letter dated July 31, 1987 (RBG-26368). The enclosed information is considered by General Electric (GE) Company to be proprietary information. Pursuant to 10CFR2.790, it is requested that the information contained in the enclosure be withheld as described in the GE affidavit which is enclosed.

Your prompt attention to this information is appreciated.

Sincerely,

. f. D J. E. Booker i Manager, River Bend Oversight I River Bend Nuclear Group l JEB/ /DNL/ch l l

! Enclosure I l

(

cc: U.S. Nuclear Regulatory Commission 611 Ryan Plaza Drive, Suite 1000 l Arlington, TX 76011 )

l l NRC Resident Inspector j Post Office Box 1051 St. Francisville, LA 70775 LPDR.

LTR or4 Lei l N SIC G709280030 B70918 0i N R4- f Df, goa ADock 05 $8

1 GENERAL ELECTRI.C C0MPANY AFFIDAVIT I, Rudolph Villa, being duly sworn, depose and state as follows:

1. I am Manager, 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 " Supplemental 1 to Supplemental Reload License Submittal for River Bend Station Reload 1 (23A5819 Supplement 1)", September 1987.

3. In designating material as proprietary, General Electric utilizes the de-finition 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 and to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the ease 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

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proprietary information are:

a. Information that disclosed 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, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or l improved marketability; 1 )

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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;

e. Information which reveals aspects - of past, present or future General l

Electric customer-funded development plans and programs of potential commercial value to General Electrics

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. In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been subject to complete proprietary, technical and editorial review. This practice is based on the fact that draft documents often do not appropriately reflect all aspects of a problem, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures.- Also, until the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. General Electric is not generally willing to release such a document in such 'a preliminary form.

Such documents are, however, on occasion furnished to the NRC staff on a confidential basis because it is General Electric's belief that it is in the

.public interest for the staff to be promptly furnished with significant or potentially significant information. Furnishing the document on a confidential basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while protecting General Electric's potential proprietary position and permitting General Electric to insure the public documents are technically accurate and correct.

6. 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.

l l 7. 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, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated 1 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.

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-J 8.- 'The document mentioned in paragraph'2 above has'been evaluated in~accordance l f

with ' the above criteria and procedures *and has been .found to contain information which is' proprietary and which is customarily held in confidence l: by General Electric.

'9. The information'to the best of.my knowledge and belief has consistently been '

l 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 been made pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in confidence.

10. The document mentioned in paragraph 2 above is classified as proprietary because it contains details of the GE8x8EB fuel design which are not available to other parties. The information is of a type customarily held in

' confidence by GE since it reveals valuable design information obtained . at ' ,

considerable expense to GE.

STATE OF CALIFORNIA- )

COUNTY OF SANTA CLARA ) 88 *

.1 Rudolph Villa, 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 San Jose, California, this day of I

d (1982 Rudolph Vi na General Electric Company Subscribed and sworn before me this dayofbfdf4b(1982 omc W 1 AN NhSW PAULA F HUSSEY NOTARY PUBLIC, STATE 0(VMLIFORNIA

. ' NOTARY PUBUC CAUFORNIA SANT4 CLAM CO'INTY

' . ' -* My comm. expires JAN 13.19

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