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Describes 840228 Technical Meeting W/Ge,Bnwl,Epri & BNL in Richland,Wa Re Pool Scrubbing.Results of Program May Be Inadequate to Allow Realistic Assessment of Pool Scrubbing by Accident Evaluation Branch
	ML20090L902
Person / Time
Site:	05000447
Issue date:	03/04/1984
From:	Postma A; BENTON CITY TECHNOLOGY
To:	Jeffrey Mitchell; Office of Nuclear Reactor Regulation
Shared Package
ML20090L839	List: ML20090L902;
References
	FOIA-84-175 NUDOCS 8405260102
	Download: ML20090L902 (3)
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y Benton City Technology O -

mt sow-MovepMe*+ow-waeem** ewe *3ee AEUN K. POSTARA. PhD, Cht w esee***

Route 1, Box 46A, Halfway, Oregon 97834 503 742-7033 q g g gy}

March 4, 1984 4 4 '52. M5d TP 9Wl awJy cd NL yg ggg,, ,7,y n % s a F4 Ms. Jocelyn Mitchell Accident Evaluation Branch U.S. Nuclear Regulatory Comission Washington, DC 20555

Dear Jocelyn:

This letter describes a technical meeting on pool scrubbing held at PNL on February 28, 1984 in Richland, Washington. Organizations represented included GE, PNL, EPRI, BNL, and NRC. An attendance list is attached.

l l This informal meeting was mquested by GE. The purpose was to infonn PNL that SPARC significantly underpredicts both GE data and EPRI data on pool I scrubbing efficiency. GE suggested the addition of an empirical entrance

[ effect DF multiplier and a reduction in swarm rise velocity; these changes would result in the prediction of higher scrubbing efficiencies. tiy impres-sion is that GE wants a quick change in SPARC so that NRC evaluations of GESSAR done with SPARC will show higher pool scrubbing efficiencies.

l This meeting was not highly structured and no fonnal agreements or comitments l were developed. A number of topics were discussed; the more important of l these are described below.

L

1. Deborah Hankins of GE noted that their work with SPARC had illustrated that the code significantly underpredicted DF's measured by both GE and EPRI. GE suggested that SPARC should be modified quickly, so that NRC evaluations of GESSAR could be done with a new version of SPARC that would result in higher (and presumably more realistic) pool scrubbing efficiencies.

2. Don Jones of GE presented the results of a comparison of SPARC with 8405260102 840411 PDR FOIA SHOLLY84-175 PDR asyneway seMess k ant POLLUTION CONTROL NUCLEAR SAFETY CHEMICAL ENGINEERING

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letter to J.Mitchell/ March 4,1984/page 2 4

I. GE and EPRI tests. He showed that SPARC underpredicted measured DF's

, by up to several orders of magnitude. He also showed improved fits of

SPARC to the data when an entrance DF was added and when the swarm rise j velocity was reduced.

j 3. Rich Oehlberg.of EPRI listed some recent test results that indicated

]

that scrubbing efficiencies improved dramatically when water tempera-0 l ture was increased from 24'C to 100 C. This is an unexpected result when viewed from the SPARC perspective because SPARC predicts decreased l collection efficiencies for higher temperatures as a result of steam g flux into bubbles. It should be noted that the hot pool tests results are very preliminary and subject to change as a result of future evalua-

i. tions.

l

4. Pete Owczarski of PNL discussed his approach in modelling particle growth in rising bubbles. Growth of particles may be promoted by the l ,

cooling of gas in bubbles as a result of expansion work exerted by a

!i rising bubble. This effect is similar to the fonnation of rain when a moist air mass moves vertically in the earth's atmosphere. Scrubbing l efficiencies would be enhanced if particle growth were significant; '

L this mechanism could concievably explain the discrepancy between measured and predicted DF's, particularily at higher pool temperatures.

l S. Discussions of bubble eccentricity identified a difference of opinion

~

between GE and PNL. GE maintains that eccentricity increases with bubble size up to a/b = 3. PNL, based on EPRI test data, takes the

! upper limit of a/b as roughly 1.4. Lower eccentricities lead to lower

[ inertial collection efficiencies. Both crganizations are going to re-f examine the basis for their selection of eccentricity input values.

4

6. The need for thoroagh evaluation of experimental methods was stressed g

i by myself and Kevin Winegardner of PNL. I reiterated h concern that particle size measurements used in the EPRI-BCL program may be inadequate.

Oehlberg indicated that he had not received my earlier consents, hence was totally unaware of our concerns. Verbal discussions with Oehlberg l

1 -l 1etter to J.Mitchell/ March 4.1984/page 3 indicated that above-the-pool retention had been found to be highly significant. This is just one of the potential problems we had identified in our letter of May 27, 1983. A copy of the letter, and a memo of concern is attached.

Conclusions and summary statements resulting from the subject meeting are as follows.

1. I am greatly concerned that the EPRI program will be carried out to completion with no recogonition of NRC concerns. Results may be ambiguous and therefore inadequate to allow a realistic assessment of pool scrubbing by AEB. If our technical concerns continue to be ignored, then an NRC-sponsored program may be required to ' resolve ambiguities.

2. The recent EPRI test data on hot pools are preliminary and are not firm enough to technically support modifications of SPARC which would result in predicted higher scrubbing efficiencies.

3. SPARC is still in the development stage. It is becoming progressively more complex. Assessments of the validity of the code will be possible only if experimental data, obtained under well defined conditions, become available.

Please get in touch, Jocelyn, if you wish to discuss any aspect of the meeting or the issues raised herein.

Very trul yours, OM a4 b Arlin K. Postma

Enclosures:

as stated AKP/bh

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GENERAL $ ELECTRIC NuCLEAA POWER SYSTEMS DMsiON GENERAL ELECTRIC COMPANY

175 CuRTNER AVENUE o SAN Jose, CAUFORNIA 95125 M/C 682, (408) 925-5040 U.S. Nuclear Regulatory Comission Office of Nuclear Reactor Regulation Washington, D.C. 20555 ,

Attention: Mr. D.G. Eisenhut, Director Division of Licensing m i

Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL iLECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)

DOCKET NO. STN 50-447 SUBMITTAL OF PROPRIETARY INFORMATION IN RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION REGARDING SEVERE ACCIDENT REVIEW OF GESSAR II

Reference:

C.O. Thomas (NRC) letter to G.G. Sherwood (GE), "Reques

~

Additional Infomation Regarding Severe Accident Review.t of for -

GESSAR II," September 2,1983 The reference letter requested additional information mgarding the severe accident portion of GE's GESSAR II submittal. Attached please find responses to questions included in the reference letter that were previously given to GE. Additionally, the referenced letter contained four new questions not previously provided to GE. We have determined that nsponses to these questions (No. 720.98, 720.99, 720.I00 and 720.101) will be provided by October 15, 1983.

We are requesting that the attached information be withheld from publ4c disclosure at.d considered c.s proprietary pursuant to Section 2.790 of 10CRF Part 2.

Very truly yours, lenn G. erwoo , a Nuclear Safety & Licens ng Operation Attschments -

cc: F.J. Miraglia (w/n Att.)

' C.O. Thomas D.C. Scaletti (w/o Att.) )

(w/o Att.

A. Thadani (w/o Att.) ;

L.S. Gifford (p/o Att.)

r- f> $O 9 S C:i .

GENERAL ELECTRIC COMPANY i

AFFIDAVIT

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I, Glenn (n. Sherwood, being duly sworn, depose and state as follows:

i i 1. I am Manager, Nuclear Safety & Licensing Operation, 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.

i

2. The information sought to be withheld is contained in the proprietary responses to questions on the Severe Accident portion of the 238 f Nuclear Island General Electric Standard Safety Analysis Report J (GESSARII).

3. In designating material as proprietary, General Electric utilizes the definition of prcprietary 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 s'ubstantial element of secrecy must exist, so that, except by the use of impro tion.per means, there would Some factors be difficultyinindetermining to be considered acquiring informa-whether given infomation is one's trade secret are: (1)theextentto

! 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 the secrecy o;f the information; (4) the value of the informa-(3) the tion to him and to his competitors; (5) the areunt of effort or money expended by him in developing the information;-(6) the ease or difficulty with which the information could be properly acquired or duplicated by others."

l

4. Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a pi-ocass, method or apparatus where 7

prevention of its use by General Electric's competitors without-license.from General Electric constitutes a competitive economic

, advantage over other companies; l

b. Infonsation consisting of supporting data and analyses, includ-l ing 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; Def:rs/A091422 -1' -

9/14/83 -

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c. Information which if used oy a competitor, would reduce his

, expenditure of resources or improve his competitive position in the design, manufacture, snipment, installation, assurance of quality or licensing of a similar product; .

d. Information which reveals cost or price information, production capacities, budget levels or commercial stratsgies 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; l

f. Information which discloses patentable subject matter for which l it may be desirable to obtain patent protection;

g. Information which General Electric must treat as proprietary l according to agreements with cther parties.

l S. In addition to proprietary treatment given to material meeting the l standards enumerated above, General Electric customar11y maintains

i.n 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 - '

l .

conclusions and may contain errors that can'be corrected during l ,

normal review and approval procedures. Also, until the final

. document is completed it may not be possible to make any definitive r, determination as to its proprietary nature. General Electric is not . , ._

generally willing to release such a document to the general public -

~

in such a preliminary fom. 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 infonnation. Furnishing the document on a confidential

! basis pending completion of General Electric's internal review i permits early acquaintance of the staff uith the information while

! protecting General Electric's potential proprietary position and

( permitting General Electric to insure the public documents are j technically accurate and correct.

}

6. Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most likely to be acgainted 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 at all times are clearly identified as proprietary.

7. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant .

Marketinp' function (or his delegate) and by the Legal Operation for technica content, competitive effect and detemination of the 3 .

accuracy of the proprietary designation in accordance with the KWH:rs/A091422 9/14/83 L . . _- .

. o standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential

! customers and their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.

8. 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.

9. The information mentioned in paragraph 2 provides additional infor-nation on the GESSAR 11 Probabilistic Risk Assssment contained in Section 15D.3 of the GESSAR II submittal.

10. The information to the best of sty knowledge and belief, has consis-tently been held in confidence by the General Elertric 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.

11. 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: ,,

a. It was developed with the expenditure of resources exceeding

-( $500,000.

b. Public availability of this information would deprive General Electric of the ability to seek reimbursement, would permit competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric.

c. Public availability of the information would allow foreign competitors, including competiting BWR suppliers, to obtain

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containment information at no cost which General Electric developed at substantial cost. Use of'this information by foreign competitors would give them a competitive advantage over General Electric by allowing foreign competitors to produce their containments at lower cost than General Electric.

KWH:rm/A091422 -

9/14/63

STATE OF CALIFORNIA I

COUNTY OF SANTA CLARA

)) ss.

Glenn G. Sherwood, 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 // _

y of elew , 1983 . _

'Glenn G. Sherwood' ~~

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General Electric Company l Subscribed and sworn before me this /S Iay of 1983 i

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'. r NOTARY PUBLIC, STATE OF CALIFORNIA l' '

OFFid1AL SEAL - --

, RUTHE M KINNAMON te07Atr PUttsC

CAlfFORNIA

< auffA CUWtt COUfffY g < Hy comm. sapires APR 25.1

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KWH:rm/A091422 , 9/14/83 -

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GENERAL h ELECTRIC .

NUCLEAR POWER SYSTEMS DMslON GENERAL ELECTRIC COMPANY e 175 CURTNER AVENUE o SAN JOSE, CAuFORNIA 9519$

M/C682,(408)925-2606 M F-007-84 JN F-003-84 f ,

January 19, 1984 U.S. Nuclear Regulatory Comission Office of Nuclear Reactor Regulation ~- l Washington, D.C. 20555

u h.

Attention: Cecil 0. Themas, Chief 5

Standardization and Special Projects Branch Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARDSAFETYANALYSISREPORT(GESSARII)

DOCKET NO. STN 50-447 SUBMITTAL OF PROPRIETARY INFORMATION SUPPORTING SEISMIC FRAGILITY ANALYSIS Attached, please find the detailed information supporting the GESSAR II Seismic Fragility Analysis requested at the January 9 and 10, 1984 meetings held in San Jose. A copy of this information has been provided to Benjamin &

Associates.

l l We are requesting that the attached infonnation be withheld from public disclosure a.id considered as proprietary pursuant to Section 2.790 of 10 CFR Part 2.

Very truly yours, J .

l

. irk, Manager l R Systems Licensing Cpgh &g: g,p pg Nuclear Safety & Licensing Operation ysse M N TJ.5 owa Attachments NAC FS

" cc: F. J. Miraglia (JRC) w/o attach. L. S. Gifford (GE-Bethesda) w D. C. Scaletti (NRC) w/o attach. J. Reed (Benjamin & Associate /o attach.s) w/o a A. Thtdani (NR ') w/o attach.

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1g_._

_ {DR ADOCK O!' ,

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GENERAL ELECTRIC COMPANY AFFIDAVIT -

I, Joseph F. Quirk, being duly sworn, depose and state as follows:

1. I am Manager, BWR Systems Licensing, Nuclear Safety & Licensing 1

Operation, 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.

I

2. The information sought to be withheld pertains to the proprietary submittal on the GESSAR II Seismic Event Analysis in support of the Severe Accident portion of the 238 Nuclear Island General Electric

, Standard Safety Analysis Report (GESSAR II).

$ 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 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 i which gives him an opportunity to obtain an advantage over l 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 wou'd be difficulty in acquiring inform'a -

tion.... 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 expended by him in developing the information; (6) the

) , ease or difficulty with which the information could be properly acquired or duplicated by others."

i

j. 4. Some examples of categories of information which fit into the p definition of proprietary information are:

a. Information that discloses a process, method or apparatus where l prevention of its use by General Electric's competitors without

! license from General Electric constitutes a competitive economic L advantage over other companies;

b. Information consisting of supporting data and analyses, includ-ing test data, relative to a process, method or apparatus, the

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~

application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

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_ - _ . . . . . _ _ _ - . _ _ _ _ . . _ _ _ _ _ . . ._.. _. _ ___ _ _ ...__ _ __ ..,.. _ ,_,_ .-_ -.._..,~ -._ -,

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c. Information which if used by a competitor, would reduce his i

expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of

, quality or licensing of a similar producti l

d. Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General l 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 l

it may be desirable to obtain patent protection; i

i g. Information which General Electric must treat as proprietary L

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 completed it may not be possible to make ar;y definitive determination as to its proprietary nature. General Electric is not generally willing to release such a document to the general public 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 j-technically accurate and correct.

6. Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most likely to be acquainted with the value and sensitivity of the I information in relation to industry knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietacr.

l- 7. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant L Marketing function (or his delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the

\* *

,,-y_,.--- . . - - -~_,_ . . . . -- . _ + m-,,-m, _,,,-r-_

standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees only in accordance j with appropriate regulatory provisions or proprietary agreements.

8. 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.

i. The information mentioned in paragraph 2 provides additional information

! 9.

j in support of the severe accident portion of GESSAR II contained in j Section 150.3 of the GESSAR II submittal.

10. The information to the best of my knowledge and belief, has consistently been 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.

i

11. 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: * ..

a. It was developed with the expenditure of resources exceeding

$500,000,

b. Public availability of this information would deprive General '

Electric of the ability to seek reimbursement, would permit I competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric,

c. Public availability of the information would allow foreign competitors, including competiting BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by foreign competitors would given them a competitive advantage j

' over General Electric by allowing foreign competitors to produce their containments at lower cost than General Electric.

e i -

I .

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STATE OF CALIFORNIA ) ss:

COUNTY OF SANTA CLARA )

Joseph F. Quirk, being duly sworn, deposes a.~id 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 l

belief. l Executed at San Jose, California, this 8 day of 7s:uritARtt .J

,198M.#*

seph F. QliW k ;

neral Electric Company l Subscribed and sworn before me this d day ofJAsr,1 ant:198g Je/Ar ) b, Y 6dfl >> &

NOTARY PUEiLIC, STATE OF CALIFORNIA ,

JFQ: cal /K01179

'G888880'* N OFFICIAL SEAL l ,

KAREN 5. V0GELHUBER ,

- O HofARY PUBUC.CAUKMtNSANTA CLARA COUNTY My Commission Empires Dec.21,1984 y

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C, GENERAL $ ELECTRIC NUCLEAR POWER SYSTEMS DMslON GENERAL ELECTRIC CCMPANY

175 CURTNER AVENUE

Sm Jose, CAUFORNtA 95125 M/C 682, (408) 925-2606 MFN-013-14 KWH-002-84 February 1, 1984 l

U.S. Nuclear Regulatory Commission Office of Nuclear Reactor Regulation 7

/

l Washington, D.C. 20555 ls Attention: Mr. U.G. Eisenhut, Director Division of Licensing Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II)

DOCKET NO. STN 50-447

{

f SUBMITTAL OF PROPRIETARY INFORMATION IN RESPONSE TO REQUEST -

FOR ADDITIONAL INFORMATION REGARDING SEVERE ACCIDENT REVIEW 0F GESSAR II

Reference:

C.O. Thomas (NRC) 1etter to G.G. Sherwood (GE), " Request for Additional Information Regarding Severe Accident Review of GESSAR II," January 26, 1984 I

The reference letter requested additional information regarding the severe accident portion of GE's GESSAR II submittal. , Attached please find responses *to the 1 questions included in. the reference letter. Also attached is a rationale for the treatment of fire and flood event uncertainty analysis.

~

We are requesting that the attached information be withheld from publ1c disclosure and considered as proprietary pursuant to Section 2.790 of 10 CFR Part 2.

. Very truly yours,

u. p ~

l'

. . . irk, Manager

- R Syrtems Licensing Nuclear Safety & Licens.ing Operation Attachments

Draft cc: F.J. hiraglia (NRC) w/o attach.

O.C. Scaletti (NRC) w/o attach.

gp3h Y'gg [p g 'M[

/[k A. Thadani (NRC) w/o attach. (

C.O. Thomas (NRC) w/o attach.

L.S. Gifford (GE-Bethesda) w/o attach. I 'jd MNb j R. Villa .

.wvam e'em PDR ADOCK 05000447 A , PDR

l 4

GENERAL ELECTRIC C0MPANY AFFIDAVIT j i

I, Joseph F. Quirk, being duly sworn, depose and state as follows:

1. I am Manager, BWR Systems Licensing, Nuclear Safety & Licensing l Operation, General Electric Company, and have been delegated the 1 function of reviewing the information described in paragraph 2 which l 1s sought to be withheld and have been authorized to apply for its withholding. l

2. The information sought to be withheld is contained in proprietary responses to questions in support of the Severe Accident portion of the 238 Nuclear Island General Electric Standard Safety Analysis

, Report (GESSAR II).

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 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 sutistantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring informa-tion.... 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 expended by him in developing the information; (6) the

( ease or difficulty with which the information could be properly 1, acquired or duplicated by others."

4. Some examples of categories of information which fit into the f definition of proprietary information are:

[

i P a. Information that discloses a process, method or apparatus whete

[ 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, includ-L ing 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'; .

j .

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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 4

capacities, budget levels or commercial strategies of General l Electric, its customers or suppliers; l 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. In addition to proprietary treatment given to material meeting the standards enumerated abovs, 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 e normal review and approval procedures. Also, until the final

. document is completed it may not be possible to make any . definitive

i

, determination as to its proprietary nature. General Electric is not -

generally willing to release such a document to the general public 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 h staff to be promptly furnished with significant or potentially L significant information. Furnishing the document on a confidential i basis pending completion of General Electric's internal review permits early acquaintance of the staff with the information while i

protecting General Electric's potential proprietary position and permitting General Electric to insure the public documents are technically accurate and correct.

) -

F 6. Initial approval of proprietary treatment of a document is.made by 1 the Subsection Manager of the originating component, the man most

, likely to be acquainted with the value and sensitivity of the

information in relation to industry knowledge. Acesss to such

',' documents within the Company is limited on a "need to know" basis l, and such documents at all times are clearly identified as proprietary.

[ 7. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist b

I or other equivalent authority, by the Section Manager of the cognizant 4

Marketing function (or his delegate) and by the Legal Operation for technical content, competitive effect and determination of the l accuracy of the proprietary designation in accordance with the

\

l l standards enumerated above. Disclosures outside General Electric l l are generally limited to regulatory bodies, customers and potential I

customers and their agents, suppliers and licensees only in accordance l with appropriate regulatory provisions or proprieta'ry agreements.

! 8. 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.

9. The infomation mentioned in paragraph 2 provides fracture mechanics and leak rate calculational methods, qualification of piping for the leak-before-break approach, and the probability of a LOCA in reactor coolant system piping.

10. The information to the best of eqy knowledge and belief, has consistently been 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.

l 11. Public disclosure of the infonnaton scught to be withheld is likely j - to cause substantial harm to the competitive position of the General i Electric Company and deprive or reduce the availability of profit-~ - -

l making opportunities because:

' ~

a. It was developed with the expenditure of 'rescuices exceeding j

$500,000. I j 'b . Public availability of this information would deprive General ,

, Electric of the ability to seek reimbursement, would permit I competitors to utilize this information to General Electric's detriment, and would impair-General Electric's ability to j maintain licensing agreements to the substantial financial and j competitive disadvantage of General Electric. -

l

c. Public availability of the information would allow foreign l, competitors, including competiting BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by )

foreign competitors would give.them a competitive advantage over General Electric by allowing foreign competitors to ,

produce their containments at lower cost than General Electric.

! l

- 1 1

i 1

l .

STATE OF CALIFORNIA COUNTY OF SANTA CLARA

) 88

)

l Joseph F. Quirk, bei'ng 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 I day of dEM.AAtt,198I.

1 l

. l Io'f)pNF. Quirk' l Ge% ral Electric Company i Subscribed and sworn before me this d day of grassard 198 coseceaecosoco.eeeeecoceceot4 . OFFICIAL SEAL l i AJjd[ , j I g M$ SANTA CLARA COUNTY N6IAiYPUBLIC,STATEOFgLIFORNIA' My "% Empires k 2t W ! ! - e eeceosososoooosseeos.:mososol , KWH:pc/LO1314 O l l - t i. l l .

e

         . -                                                                                                        Y GENERAL $ ELECTRIC NUCLEAR POWER SYSTEMS DMsCN
                        $/N82,308Y95*5h0

MMN JNF-086-83 December 2,1983 -

U.S. Nuclear Regulatory Commission Office of Nnlear Reactor Regulation Washington, D.C. 20555 ] Attention: Mr. D.G. Eisenhut Division of Licensing

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II) DOCKET NO. STh 50-447 APPENDIX 15E - STATION BLACK 0UT CAPABILITY Attached please find a draft of new GESSAR II Appendix 15E pertaining to station blackout capability. This appendix concludes that the GESSAR II station blackout capability exceeds ten (10) hours. The assessed capability assumes credit for operator actions that are straightforward and where means exists to enable the operator to execute the action. Where features and/or equipment are not present, potential design improvements are recosenended. It is anticipated that upon completion of NRC review a fonnal amendment on the GESSAR II docket will be submitted. This is anticipated to occur in early 1984. If there are an J.F. Quirk at (y408)questions 925-2606on the information or J.N. Fox of my provided herein925-5039. staff at (408) please contact Very truly yours, ( .Se , r Nuclear Safety & Licensin peration Attachment cc: F.J. Miraglia (NRC) D.C. Scaletti (NRC) C.O. Thomas (NRC) R.M.Ketchel(GE-WashingtonLiaisonOffice) 8d L.S. Gifford (GE- Bethesda Liaison Office) R. Villa (GE) [$ 8 j I

                  ,m m~A56fR          o5565U7__

PDR 1

'. 7 .) l! 7 I ,

                             ,                              GENERAL $ ELECTRIC GENERAL ELECTWC COMPANY e 175 (URINER AVENUE e SAN JOSE. CAUFOANIA 9519$

MC 682, (408) 925-2606 NFN-234c83 December 29, 1983 U.S. Nuclear Regulatory Commission - Office of Nuclear Reactor Regulation Washington, D.C. 20555 j Attention: Nr. D. G. Eisenhut, Director Division of Licensing , l Gentlemen: '

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC STANDARD SAFETY ANALYSIS REPORT (GESSAR II) SEVERE ACCIDENT REVIEW OF GESSAR II The attached draft report, "GESSAR II Seismic Event Uncertainty Analysis," ! is provided in support of previous GE submittals on the GESSAR docket'on i

       '                       severe accident issues. This analysis provides the variability in total                            .)

seismic-initiated core damage frequency. It is anticipated that upon l completion of NRC review, a formal amendment on the GESSAR II docket will ! be submitted including this and other analysis of external events. This is expi.cted to occur in early 1984. - We are requesting that the attached information be withheld from public , disclosure and considered as proprietary pursuant to Section 2.790 of l 10 CFR part 2. - Very truly urs, (s J ! uf rk,' Manager

lWR Systems Licensing f

         .                    (diuclear Safety & Licensing Operation
                                                                                                                                     )

JFQ:rf/G12272 l l Attachments 1 I cc: F. J. Miraglia (ND 1 A. Thadani (NRC) C. O. Thomas (NRC) L. 5. Gifford (GE-Bethesda) l D. C. Scaletti (NRC) 0$ ': foR Ecoes 5M

                     ..,g.__     _ ____--
                                                                                   //                                              .
                 ~                                                                                                                .

Pan A65Ei["o356M47 - A FDR - o

's a e GENERAL ELECTRIC C0MPANY AFFIDAVIT [ I, Joseph F. Quirk, being duty sworn, depose and state as follows:

1. I am Manager, BWR Systems' Licensing, Nuclear Safety & Licensing Operation, 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. i

2. The information sovyht to be withheld is contained in the proprietary submittal on the GE'.SAR II Seismic Event PRA Uncertainty Analysis l in support of the Severe Accident portion of the 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSAR II).

l 3. In designating ma% rial as proprietary, General Electric utilizes

                                . the definition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757.

This definition provices:

I

i . "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 informa-tion.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to i which the information is known outside of his business; (2) the extent to which it is known by empicyees and others involved in i his business; (3) the extent of. measures taken by him to guard the secrecy of the infomation; (4) the vaine of the_information to him and to his competiton.s; (5) the amount of effort or mo'ney expended by him in dev.tloping the information; (6) the ease 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 apparatus where prevention of its use by General Electric's competitors without
license from General Electric constitutes a competitive economic j advantage over other companies; l . b. Infomation consisting of supporting data and analyses, includ-

,                                       ing test data, relative to a process, method or apparatus, the l                                        application of which provide a competitive economic advantage, j                                        e.g. , by optimization or improved marketability; 4                    .

i ,- i

                                                            . - . _ - . - . .                   -._--,:c..-.                     ..-.

l. .. .

l .. . j c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in t the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product; , l d. Information which reveals cost or price information, production I capacities, budget levels or commercial strategies of General i Electrie:, its customers or suppliers; i . l

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; F

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 f.he standards enumerated above, General Electric customarily maintains in confidence preliminary and draft material which has not been ,

p subject to complete proprietary, tect.nical and editorial review. p This practice is based on the fact that draft documents often do not

                           ' appropriately reflect all aspects of a problem, may contain tantative           .  .,

conclusions and may contain errors that can be corrected during normal review and approval procedures. Also, until the final

          -                 document is completed it may not be possible to make any definitive determination as to its proprietary nature. General Electric is not           ..

p generally willing to release such a document to the general public

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 4                            permits early acquaintance of the staff with the informatjon while f                            protecting General Electric's potential proprietary position and j                            permitting General Electric to insure the public documents are
            -                technically accurate and correct.

ii .

6. Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man 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 at all times are clearly identified as proprietary.

1 1 : ) -

                                                                                                      .             o
                         ,                                                          i L              .

r

7. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist or other equivalent authority, by the Section Manager of the cognizant Marketing function (or his delegate) and by the Legal Operation for technical content, competitive effect and determination of the i accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outsids General Electric

are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers and licensees only in accordance with appropriete regulatory provisions or proprietary agreements.

8. 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 customarili held in confidence by General Electric. .

9. The information mentioned in paragraph 2 provides additional informa-tion in support of the severe accident portion of GESSAR II contained '

in Section 150.3 of the GESSAR II submittal. f .

*~                               10. The information to the best of aer knowledge and belief, has cons.istently                          l E                                     been held in confidence by the General Electric Company, no public                      .          !

l 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 whiich provide for maintenance' ..

          .                            of the information in confidence.                                               .
                            .   ~ 11. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the ccapetitive' position of the General Electric Company and deprive or reduce the availability of profit-making
 ,                                     opportunities because:

i a. It was developed with the expenditure of resources exceeding

                                              $500,000.

5 b. Public availability of this information would deprive General i Electric of the ability to seek, reimbursement, would. permit competitors to utilize this information to General Electric's l detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric. I k:. Public availability of the information would allow foreign l competitors, including competiting BWR cuppliers, to obtain I containment information at no cost which General Electric developed at substantial cost. Use of this information b.v l foreign competitors would have given them a competitive advantage over General Electric by allowing foreign competitors to produce their containments at lower cost than General Electric. f . p e 6 Y O _ _ . _ ~ - - _ , . . - _ _ _ _ . _

STATE OF CALIFORNIA ) COUNTY OF SANTA CLARA ) ss: Joseph F. Quirk, being duly sworn, deposes and says: Thathehs.ssadtheforegoingaffhdavitandthemattersstatedtherein are true and correct to the best of his knowledge, information, and belief. Executed at San Jose, California, this M day of December , 198 3 . ?

YOU l . l 'F.] Qu'1 W/' l Josep[a Gene' l Electric Company , d

Subscribed and sworn b'efore me this 19 day of December 1983. iocecoceseseeeco:oceseseeeeeeqs i OFFICIAL SEAL l , KAREN 5. VOGENUBER l . NOTARY PUBitC.CAUFORNIA 1 #L --- - - .. , SANTA CLMtA COUNTY 'NOJAR'f 708LIC, STATE SF CALIFORNIA l

                                               . , My Commission Empires Dec. 21 1984 h    h ooooooooo,ooo                                  i
                                                                                                                                                                                                                ~

KH:rf/G12273 ' C O e

                                                                                                                                                                                                               .             g o
                                                                    -.3-._ - _. , _ ,    _ _ _ _ _ ,   , _ _ _ . , - , _ _ . _ , , , _ . _ _ . - _ . . _ _ _ _ _ _ _ _ _ _ _ _ _

GENERAL $ ELECTRIC NUCLEAR POWEA SYSTEMS DMSON l GENERAL ELECTRIC COMPANY

175 CURTNER AVENUE
SAN JOSE, CAUFORNIA 95125

                                'M/C 682, (408) 925-2606                                     MFN-211-83 November 17, 1983 l

U.S. Nuclear Regulatory Commission l%7 l Office of Nuclear Reactor Regulation Washington, D.C. 20555 l Attention: Mr. D.G. Eisenhut, Director i Division of Licensing 1 . Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR ISLAND GENERAL ELECTRIC l STANDARD SAFETY ANALYSIS REPORT (GESSAR II) ! DOCKET NO. STN 50-447 SUBMITTAL OF PROPRIETARY INFORMATION - GESSAR II INTERNAL

   ,                                  EVENT PRA UNCERTAINTY ANALYSIS IN SUPPORT OF THE SEVERE ACCIDENT REVIEW OF GESSAR II                                                            ,

The attached report, "GESSAR II Internal Event PSA Uncertainty Analysis," - i is provided in support of previous GE submittals on the GESSAR docket on severe accident issues. This analysis provides the variability in total internally-initiated core damage frequency by propagation of uncertainties through the fault and event trees in order to estimate the frequency of I radionuclide release.' This analysis was comitted in the response to Question 720.143 on the GESSAR II PRA. , We are requesting that the attached information be withheld from public l . disclosure and considered as proprietary pursuant to Section 2.790 of

         ,          10 CFR Part 2.

Very truly yours, l 4 rk, Manager 1 ILWR Systems Licensing

                                                                                                           . g ,l g Nuclear Safety & Licensing Operation                                                       A/S/C '

, Nns). #wlf Attachments 3 l cc: F.J.Miraglia(NRC) A. Thadani (NRC) C.O. Themas (NRC) L.S.Gifford(GE-Bethesda) l D.C.Scaletti(NRC) I P65'AD6CK'~0hhNd . A , PDR

                                                             - -   - -.     .     .    . - - -   .=   _     - - - . -

GENERAL ELECTRIC C0MPANY AFFIDAVIT , I, Joseph F. Quirk, being duly sworn, depose and state as follows:

1. I am Manager, BWR Systems Licensing, Nuclear Safety & Licensing Oparation, General Electric Company, and have been delegated the l

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 proprietary submittal on the GESSAR II Internal Event PRA Uncertainty Analysis in support of the Severe Accident portion of the 238 Nuclear Island General Electric Standard Safety Analysis Report (GESSAR II).

! 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 Torts, Section 757.

This definition provides: , l .

                                       "A trade secret may consist of any fdraula, pattern, device or compilation of information which is used in one's business and which gives him an opportunity to obtain an advantage over i'j ^                                   competitors who do not know or use it.... A substantial                          s element of secrecy must exist, so that, except by the use of                   s       ,

! improper means, there would be difficulty in acquiring informa- t i tion.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to j which the information is known outside of his business; (2) the ; extent to which it is known by employees and others involved in i his business; (3) the extent of. measures taken by him to guard l the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effo,rt or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly l - acquired or duplicated by others."

4. Some examples of cateJories 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 *

b. Infotsation consisting of supporting data and analyses, includ-ing 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; G

3 .

    .~.          -

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; 2

d. Information which reveals cost or price information, production capacities, budget levels or commercial strategies of General Electric, its customers or suppliers; j e. Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs 4

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 t

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 ca~n be corrected during ' ' ' i normal review and approval procedures. Also, until the final document is completed it may not be possible to make any definitive determination as to its proprietary nature. General Electric is not s generally willing to release such a document to the general public i, in such a prelim < nary fom. 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 wit,h significant or potentially

significant infomation. Furnishing the document on a confidential 2

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 positfon and ' permitting General Electric to insure the public documents are technically accurate and correct. i 6. Initial approval of proprietary treatment of a document is made by the Subsection Manager of the originating component, the man most likely to be acquainted with the value and sensitivity of the i information in relation to industry knowledge. Access to such i documents within the Company is limited on a "need to know" basis and such documents at all times are clearly identified as proprietary.

7. The procedure for approval of external release of such a document is reviewed by the Section Manager, Project Manager, Principal Scientist

                       '      or other equivalent authority, by the section Manager of the cognizant 4

Marketing function (or his delegate) and by the Legal Operation for technical content, competitive effect and determination of the ! accuracy of the proprietary designation in accordance with the l . I

o O

g.

standards entnerated above. Disclosures outside General Electric > are generally limited to regulatory bodies, customers and potential customers ano their agents, suppliers and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.

8. The document mentioned in paragraph 2 above has been evalu:ted in accordance with the above criteria and procedures and has been found to contain information which is proprietary and which is customarily held in cor.fidence by General Elactric.

9. The information mentioned in paragraph 2 provides additional information in support of the severe accident portion of GESSAR II contained in Section 150.3 of the GESSAR II submittal.

10. The information to the best of my knowledge and belief, has consistently been held in confidence by the General Electric Company, no public disclosu?e 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.

11. .Public disclosure of the information sought to be withheld is likely to cau1e substantial harm to the competitive position of the General

)

Electric Company and deprive or reduce the availability of profit-making opportunities because-

a. It was developed with the expenditure of resources exceeding

/ . . 4500,000. p . , Public availability of this information would creprive General

b. %

Electric of the ability to seek reimbursement, would permit competitors to utilize this information to General Electric's detriment, and would impair General Electric's ability to maintain licensing agreements to the substantial financial and competitive disadvantage of General Electric.

c. Public availability of fihe information would allow foyeign competitors, including competiting BWR suppliers, to obtain containment information at no cost which General Electric developed at substantial cost. Use of this information by foreign competitors would given them a competitive advantage ower General Electric by allowing foreign competitors to produce their containments at lower cost than General Electric.

9 u 6 . e

ee y

STATE OF CALIFORNIA ) 85, ' COUNTY OF SANTA CLARA ) . T Joseph F. Quirk, 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 beliaf. Executed at San Jose, California, this /[ day of ds/EM Mrl,1984 Josgp O

                                                                                                                                                                                                                                                                      "/F l-    O i W Quirk Gen (ril Electric Company Subscribed and sworn before me this /fday of A l/rmAra1983
                                                                                                                                                                                                                        'NO ALY Rhdb.               >UBLIC, STA"gfDF CALIFC RNIA
                                                                                                                                                                                                                                                                                          -   ~
  . .                         KH: cal /K110417 KAREN 5. VOGENUBR                                                                                                                                     -
                                                                                        ;    ,                                        NOTARY PUBUC.CALFORNIA ! l:

i l , SANTA CLAAA COUNTY I My Comeduien Em hmpires Dec.:e--r:::+::::1- 2t 1984 ! l i e I e e S I l 1 9

GENERAL @ ELECTRIC

                                                         ^      '

f 1

         ,                           $[dT8[.$kO8[925-26[                                  ~
,                   September 21, 1983                                                        -

U.S. Nuclear Regu'intery Comission Office of Nuclear Reactor Regulation i Washington, D.C. 20555 1 ! Attention: Mr. D.G. Eisenhut, Dimetor , Division of Licensing Gentlemen:

SUBJECT:

IN THE MATTER OF 238 NUCLEAR )SLAND GENERAL ELECTRIC l STANDARD SAFETY ANALYSIS REPORT (GESSAR II) DOCKET NO. STN 50-447 SUBMITTAL 0F PROPRIETARY INFORMATI(M - GESSAR II SEISNIC EVENT ANALYSIS IN SUPPORT OF THE SEVERE ACCIDENT REVIEW 0F GESSAR II The attached report. "GESSAR II Seismic Event Analysis," is provided in

tesponse to the NRC draft Policy Statement on Severe Accidents, which requins the consideration of seismic and other external events for plant certification. .

         *        .This report has been prepared in such a manner that it will allow the NRC Staff

!; t -J to approve the GESSAR 11 methodology and design for severe accident seismic * ~ '. events.. It is GE's expectation that following approval, a futum applic' ant referencing GESSAR II would only have to show that his site specific hazard - curve reportfallswould within the GESSAR be applicable to II thathazard site. curve to determine that the attached We are requesting that the attached information be withheld from public disclosure and considered as proprietary pursuant to Section 2.790 of 10 CFR part 2. Very truly Yours. -

                     .. uirk, Manager R Systems Licensing Nuclear Safety & Licensing Operation Attachments iT' ' g jgs;            gg cc:     F.J. Miraglia (NRC)

C.0. Thomas (NRC) - 'gdih,1ed3r

                                                                                     '            F       -

D.C. Scaletti (NRC) A. Thadani (NRC) - L.S. Gifford (GE-Bethesda) $ -

                                                                      /             t6                    984 3de unsj O*a3*:m

_ = . - i P W A66 W o6660447 A PM .

! . -.~ ! j GENERAL ELECTRICCOMPANY ! i l ' ,s) AFFIDAVIT l .

                                                                                           '                                          i I, Joseph F. Quirn, being duly sworn, dhpose and state as follows:                             ,[

1. I am Manage BWR stems Licensing, Nuclear Safety & Licensing i

Operation, neral lectric Company, and have been delegated t'te function of reviewin the information described in parag ph 2 which [ i is sought to be with Id and have been authorized to app for its . I

withholding.

- {

i

2. i The information submittal on the GE sou!SAR !! Seismic Event Anal sis in supportI Severe Accident portion of the 238 Huclear le and General Electric StandardSafetyAnalysisReport(GESSARII). l i l i

3. In designating material as proprietary General Electric utilizes t the definition 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 an formula                                           !'

compilation of information which fs used in,one's pattern deviceand or j business .

                    '                            which ives him an opportunity to obtain an advantage over
                     ..                           compet tors who do not know or use it.... A substantial                  -

,( -- element of sec must exist so'that except by the use of impro re would difficul tion.per

                                                        ... means, Some      factors to be considered n determining whetheri given infoisation 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 b employees and others involved in hisbusiness;(3)theextent f measures taken by him to guard 1

the secrecy of the information; )thevalueoftheinformation to his and to his competitors- the amount of effort or i money expended by him in devela ng the information;.(6) the L ease or difficulty with which tie ' nformation could be properly i acquired or duplicated by others." j

                                   . 4. Some examples of categories of information which fit into the                             i definition of proprietary information are:

l a. Information that discloses a process method or apparatus where prevention of its use by General Elec,tric's competitors without ; license from General Electric constitutes competitive economic 3 advantage over other companies; l j

b. Information consisting of supporting data and analyses, includ-ing test data relative to a process method or apparatus, the [

applicationofwhichprovideacompe{itiveeconomicadvantage, . e.g., by optimization or improved marketability; i s i l I

c. Information whi':h if used by a competitor, would reduce his empenditure of resources or improve his competitive position in f the design manufacture shipment installation, assurance of quality or, licensing of,a stellar, product;

d. Information which reveals cost or price information production i capacities oudget levels or commercial strategies o,f General *I Electric,Itscustomersorsuppliers; l

e. Information which reveals aspects of past, present or future General Electric customer-funded development plans and programs l of potential commercial value to General Electric; j

f. Information which discloses patentable subject matter for which

l it may be desirable to obtain patent protection; l

g. Information which General Electric must treat as proprietary according to agreements with other parties, l t

5. In addition to proprietary treatment elven to material meeting the standards enumerated above, General Electric customarily maintains !

t in confidence preliminary and draft asterial which has not been ! subjecttocompleteproprietary,technicalandeditorialreview. ! This practice is based on the fact that draft documents often do not ! appropriately reflect all aspects of a probles may contain tentative -

conclusions and may contain errors that can be, corrected during *l' norssi review and approval procedures. 'Also until the final .. ..!

document is completed it may not be possible,to make any definitive i determination as to its proprietary nature. General Electric is not -

  *,l generally willine to release such a document to the general public                     :

In such a prelieInery fore. Such documents are however on occasion - furnished to the NBC staff en a confidential bas,is becaus,e it is : General Electric's belief that it is in the public interest for the i staff to be areeptly furnished with sienificant er potentially significant lnformation. Furnishing the document on a confidential ! basis pending completion of General Electric's internal review j 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 documenta are ! technical y accurate and correct. i j r i 6. Initial approval of proprietary treatment of a document is made by 1 the Subsection Manager of the originating component the man most l i likelytobeacquaintedwiththevalueandsensitivltyofthe ; information in relation to industry knowledge. Access to such i documents within the Company is limited on a "need to know" basis ! j and such documents at all times are clearly identified as proprietary. ' ) 7. roval of enternal release of such a document is ! i The reviewedprocedure by the Sectfor ap$on Manager, project, Manager, principa I or other equivalent authority by the Section Manager of the cognizant j Marketingfunction(orhisdelegate)andbytheLegalOperationfor . technica content, competitive effect and determination of the . I accuracy of the proprietary designation in accordance with the ! l s..> k j . l l

7- .

O

   ,.    ,      s standards enumerated above.

are generally limited to re Disclosures outside General Electric ( customers and potential customers and their agents,gulatory bodiessuppliersandlice with appropriate regu atory provisions or proprietary agreements.

8. l The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found . !

held in confidence by General Electric.to contain information w .

9. l The information mentioned in paragraph 2 provides additional information !

in support of the severe accident portion of GESSAR II contained in ! Section 150.3 of the GE55AR 11 submittal. . {

10. t The information to the best of my knowledge and belief has consistenl been held in confidence by available the General no public disclosure has been made and it is*not in pub Electric ces.

Comp! ! All disclosures provisions to third, parties have been made pursuant to regulatory of proprietary oftheinformationinconfgtreements nce. which provide for maintenance . 11. Public disclosure of the inforsation sought to be withheld is likely ' to cause substantial hare to the competitive position of the General i Electric Ceepany opportunities because: and deprive or reduce the availability of profit-making, ' .

a. !

                  .                  It was developed with the expenditure of resources exceeding s500,o00.                                                                 .

b. Pubile availabilitp of this inforestion would deprive General - Electric of the ab'lity to seek retabwesoment, would permit ! competitors to utilize this information to General Electric's - detriment and would impair General Electric's ability to ! maintainlicensingagreementstothesestantialfinancialand competitive disadvantage of General Electric. j

c. Publicavailabilityoftheinformationwouldallowforeign competitors, including competiting OWR suppliers to-obtain containment information at no cost which General, Electric developed at substantial cost. Use of this information by

        .                           foreton competitors would give them a competitive advantage over General Electric by allowing foreign competitors to produce their containments at lower cast than General Electric.

e c .

                                                                                                        .          8 h   ,

r. .. . .

Joseph F. Quirk, being duly sworn, deposes and says:

   .(                 That he has read the foregoing affidavit and the matters stated therein belief.are true and correct to the best of his knowledge, information, and Executed at San Jose, California, this { ay of                   DW,1981                                             ,

Cyph.,'4 J # tph P. Quirk

                                          .                                   General Electric Company

STATE OF CALIFORNIA s s .,

COUNTY OF SANTA CLARA . 1 A j Subscribed and sworn before se this 22 day of 4/rL 198)

                                                                    . An h . )$s O,,a                                                     -

NUIART FUBLIG, Sihlt UP CAllPUNNIA i

                                                                                                                              ^
                                                                                                                                       't
           .-                                                                               OFFICIAL SEAL              '          *

\( . , aWTHE M KINNAMON if01AWF 8UGUC = CAUF04NIA ( NNf4 CIAA4 4 ur . = = e s =mCIR M a nas . TV KH:pc/LO9213 W O ,e. i l A 4 i L

UNION OF CONCERNED SCIENTISTS im C....:i 4,.... N.w. . s. ,,,, . ..si.,,... oc 2oo3. . ,2,2,2,.s.oo 13 March 1984 FORMATION Mr. J.11. Felton, Director T Division of Rules and Records b Office of Administration U.S. Nuclear Regulatory Commission [g, tg 8-/[-/g Washington, D.C. 20555 RE: Freedom of Information Act Request for the GESSAR-II Probabilistic Risk Assessment and Associated NRC and NRC-contractor Reviews of that Report (Sholly FOIA Request Number 84-07)

Dear Mr. Felton:

Pursuant to the Freedom of Information Act, please make available at the Commission's Public Document Room at 1717 H Street, N.W., Washington, D.C., copies of documents in the following categories: A. A copy of the General Electric Probabilistic Risk Assessment for the GESSAR-II standard plant design (BWR/6 !! ark III) , and all updates, amendments, appendices, addenda, supplementc, and all other changes thereto. t B. Copies of all NRC staff reviews of the documents described above in "A". C. Copics of all NRC' contractor reviews of the documents described above in "A". D. For any review identified under "C" above, provide the name of the reviewing organization, the lead investigators, all other investigators, the NRC Contract and FIN numbers assigned to the review project, the funding provided for the review project, and the NRC Form 189 for each such project. If there are any questions regarding this request, please contact me at 296-5600. It is my understanding that a proprietary claim has been made with respect to some or all of the documents identified in "A" above. This request specifically includes a request to review the bases for the priprietary claim and release all of the documents discussed in "A" above. N

I can see no basis for a proprietary claim on a probabilistic risk assessment study. Further, I am aware of no other such claim with respect to the dozens of other such studies which have been performed to date. Your prompt attention to this request will be appreciated. Sincerely, C. Steven C. Sholly Technical Research Associate I 5 _ _ . - - - - . . .}}

ML20090L902: Difference between revisions

Latest revision as of 02:32, 13 May 2020

Contents

Text

Dear Jocelyn:

Enclosures:

SUBJECT:

Reference:

SUBJECT:

SUBJECT:

Reference:

SUBJECT:

SUBJECT:

SUBJECT:

SUBJECT:

Dear Mr. Felton:

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ML20090L902: Difference between revisions

Latest revision as of 02:32, 13 May 2020

Text

Dear Jocelyn:

Enclosures:

SUBJECT:

Reference:

SUBJECT:

SUBJECT:

Reference:

SUBJECT:

SUBJECT:

SUBJECT:

SUBJECT:

Dear Mr. Felton:

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