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| {{#Wiki_filter:_- -. ..- - - - | | {{#Wiki_filter:}} |
| General Electric Company AFFIDAVIT I, Janice S. Charnley, being duly sworn, depose and state as follows:
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| : 1. I am Manager, Fuel Licensing, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is soupht to be with- ;
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| - held from public disclosure and have been authorized to apply for its withholdmg.
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| : 2. The information sought to be withheld is contained in 23A6492AA, Revision 0, Supplcinent 1 to Sty >plernental Reload Licensing Subinittalfor Perry Nuclear Power Plant Unit 1, Reload 2, 8 Cycle 3. i
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| : 3. In designating material as proprietary, General Electric utilizes the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of - -
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| Torts, Ecction 757. This definition provides: )
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| 1
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| 'A trade secret may consist of any formula, pattern, device or compilation of infor- I mation which is used in one's business and which gives him an opportunity to ;
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| obtain an advantage over competitors who do not know or use it.... A substantial l
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| - element of secrecy must exist, so that, except by the use of improper means, there !
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| would be difficulty in acquiring information.... Some factors to be considered in ,
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| determ!ning whether given information is one's trade secret are: (1) the extent to '
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| 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 mea-sures taken by him to guard the secrecy of the information; (4) the value of the in. -
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| formation to him and to his competitors;(5) the amount of effort or money ex-l pended by him in~ developing the information; (6) the case or difficulty with which the information could be properly acquired or dup!kated by others?
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| Some examples of categories of information which fit into the definition of proprietary infor-
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| - 4.'
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| mation are: i
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| : 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 - ,
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| ~
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| competitive economic advantage over other companies;
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| : 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 improved marketability;
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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,
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| : assurance of quality or licensing of a similar product;
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| : d. Information which reveals cost or price information, production ca pacities, budget levels or commercial strategies of General Electric, its customers or suppliers; I9012190192 901214
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| :PDR ADOCK 05000440
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| -P- PDR 1 - - .. - . - . . - , ,, .--,-__-_,-;. -
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| n ,
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| Affidailt
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| : c. Information which reveals aspects of past, present or future General Electric cus-tomer funded development plans and programs of potential commercial value to General Electric;
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| : f. Information which discloses patentable subject matter for which it may be desirable to 1 obtain patent protection .
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| I
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| : g. Information which General Electric must treat as proprietary according to agreements 1 with other parties.
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| : 5. Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the origmating component, who is most likely to be acc uainted with the value and sensitivity of the information in relation to industry knowledge. Access to such 1
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| documents within the Company is limited on a 'need to know" basis and such documents are clearly identified as proprietary. ;
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| : 6. The procedure for approval of external release of such a document ty3ically requires review by the Subsection Manager, Project manager, Principal Scientist or et 1er equivalent author-ity, by the Subsection Manager of the cogninmt 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 above. Disclo-sures outside General Electric are generally limited to regulatory bodies, customers and po-tential customers and their agents, suppliers and licensees, and then only with appropriate protection by applicable regulatory provisions or proprietary agreements.
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| : 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 propri-etary and which is customarily held in confidence by General Electric.
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| : 8. The document mentioned in paragraph 2 above is classified as pro;,rietary because it contains details concerning current General Electric fuel designs whica were developed at conalderable expense to General Electric, which are not available to other parties.
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| 9, The information to the best of my knowledge and belief has consistently been held in confi-dence 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 or proprietary agreements which provide for maintenance of the infor-mation in confidence.
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| : 10. 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 because it wouH provide other parties, including competitors, with valuable information regarding current General Electric fuel designs which were obtained at considerable cost to the Gencral Electric Company. The manpower, computer and manufacturing resources expended by General Liectric to develop the current fuel designs are valued at approximately $8 million. In' addition, the develo? ment of individual bundle and lattice designs required over 120 man hours and approximate y $20,000 in computer resources.
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| AffIdaili STATE OF CALIFORNIA ) '
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| COUNTY OF SANTA CLARA ) 88 Janice S. Charnley, being duly sworn, deposes and says:
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| That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.
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| Executed at San Jose, California, this nd; day of. , J'T Y 1990.
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| ' f -y ' ~ < ,,$,
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| Janice S. Charnley
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| > . )q
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| )
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| ,Oeneral Electric Company ,-
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| Subscribed and sworn before me this Ilay of "n M t.1990.
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| r 1 OmClAL SEAL i y
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| $55 aNm cLARA COOKTY I
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| l l(% b $NAS
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| /
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| i l
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| My Comm. Emp. Mar. 26.1993 l Notary Public California L-- - -
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| . - - Santa Clara County Page 3 I -. . . _ . ._ .. . _ . . _ _ . _ . . _ . - . . . _ _ - . _ _ . . . _ . . . - _ - . _ _ . , . - . .}}
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