ML20052C100

Forwards Proprietary Version of Revision 2 to Sys Level Fault Trees Developed for Probabilistic Risk Assessment, in Response to NRC 820118 Ltr.Affidavit Requesting That Fault Trees Be Withheld Per 10CFR2.790 Encl

ML20052C100
Person / Time
Site:	Limerick
Issue date:	04/30/1982
From:	Bradley E PECO ENERGY CO., (FORMERLY PHILADELPHIA ELECTRIC
To:	Eisenhut D Office of Nuclear Reactor Regulation
Shared Package
ML19268D309	List: ML20052C100
References
NUDOCS 8205040364
Download: ML20052C100 (7)

Text

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l PHILADELPHIA ELECTRIC COMPANY ,

l 2301 MARKET STREET 4 D l P.O. BOX 8699 O

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PHILADELPHIA. PA.19101 OUC , l, , 7

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nND GENERAL COUNSEL (215 8414o00 l E

' ,3 7 I.Y ft : h EUCENE J. BRADLEY \ '

I I' - 1 ID; ASSOCIATE GENERAL COUNSEL

• d DC'lALD BLANKEN RUDOLPH A. CHILLEMI h g E. C. KIR K H ALL  %

T. H. M AMER CORNELL ssisT ANT GEN RAL COUNSEL April 30, 1982 i EDWARD J. CULLEN. JR.

JOHN F. KENNEDY, JR.

assistant COUNSEL Mr. Darrell G. Eisenhut, Director l Division of Licensing United States Nuclear Regulatory Ccanission Washington, D. C. 20555 ,

Subject:

Limerick Generating Station Docket Nos. 50-352 Prcbabilistic Risk Assessnent 50-353 I

Dear Mr. Eisenhut:

In response to the January 18, 1982 letter frm A. Schwencer to E. G. Bauer, Jr. enclosed per your request are twelve sets of revised quantified fault trees.

In accordance with Section 2.790 (d) of the Ccmnission's Regulations, it is hereby requested that the fault trees be withheld frcm public dimlosure for reasons as set forth nore fully in the affidavit in support of this request which is attached hereto.

Very truly yo ,

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S IlIb 8205040364 820430 PDR ADOCK 05000352 A PDR 1

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10. I have evaluated the item in paragraph 2 in accordance with the criteria stated in paragraphs 3 and 4 above and have found it to be information which is proprietary and which is customarily held in confidence by General Electric.

Glenn G. Sherwood, being duly sworn,. deposes and says that he has read the foregoing affidavit and the matters stated threin are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 27 day of April , 1982.

4 G. G. Sherwood, Manager Nuclear Safety and Licensing Operation STATE OF CALIFORNIA COUNTY OF SANTA CLARA Subscribed and sworn to before me this 27 day of April ,

1982.

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OFFICIAL SEAI .

Notary Public - California KAREN 5. VOGELHU8ER S

g HotARY PusuC.CAUFORNIA.

0 Santa Clara County 8 SANTA CLARA COUNTY 8 My Commission Expires My Conn;ssion Empire Dec. 21,1984 December 21, 1984 i

' > oommmmmosoommososood 175 Curtner Avenue San Jose, CA 95125 l

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cc: ' Judge Lawrence Brenner Judge Richard F. Cole Judge Peter A. Morris Troy B. Conner, Jr., Esq;.

Stephen H. Lewis, Esq.

Mr. Frank R. Romano .

Mr. Charles B. Taylor Mr. Robert L. Anthony Mr. Marvin I. Lewis Samuel & Clarissa B. Cooper Judith A. Dorsey, Esq.

Charles W. Elliot.t Esq.

Mr. William Lochstet Mr. Alan J. Nogee Mr. Steven Levin Robert W. Adler, Esq.

Mr. Thomas Gerusky Director, Pennsylvania Emergency Management Agency John Shniper, Esq.

S teven P. Hershey James M. Neill, Esq.

Donald S. Bronstein, Esq.

Mr. Joseph H. White, III Dr. Judith H. Johnsrud Walter W. Cohen, Esq.

Robert J. Sugarman, Esq.

Mr. W. Wilson Goode Atomic Safety and Licensing Appeal Panel

! Acomic Safeey and Licensing Board Pane 1 i Docketing and Service Section l

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1 UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of )

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PHILADELPHIA ELECTRIC COMPANY ) Docket Nos. 50-352

) 50-353 Limerick Generating Station )

Units 1 and 2 AFFIDAVIT OF GLENN G. SHERWOOD I, Glenn G. Sherwood, being duly sworn, depose and state as follows:

1. I am Manager-Nuclear Safety and Licensing Operation, Nuclear Energy Business Operations, General Electric Company ("GE"). I have held this position since July, 1979. I have the responsibility to review the document described in paragraph 2 to determine whether it contains proprietary information.

2. I am familiar with the following document: System Level Fault Tree Logic Models as referenced on page B-1 of the "Probabilistic Risk Assessment, Limerick Generating Station" dated March,1981 (hereinafter

" Fault Tree Analyses" or " Analyses"), as revised April,1982.

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:

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"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 opprotunity 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 expended by him in developing 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 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 improved marketability;

c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitive position inthedesign2 manufacture, shipment, installation,assuranceofquality or licensing of a similar product; i

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

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

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

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

5. a. GE has customarily held and continues to hold the Fault Tree Analysis proprietary. Within the Company, these Analyses are provided to employees only on a need-to-know basis. Dissemination is restricted and distribution of the material is controlled.

b. GE also maintains confidential treatment of the Analyses by its customers and contractors through explicit understandings and contract provisions.

c. The Analyses are labeled " Confidential Proprietary /

Security Information, Do Not Duplicate".

d. All customers and contractors in possession of the Analyses have, to the best of my knowledge, treated the Analyses in a proprietary fashion.

6. ' The Analyses have never been made available to public sources and are not available to public sources.

7. GE will suffer significant competitive harm if the Analyses were to be released. GE has expended many thousands of dollars to produce the Fault Tree Analyses. This includes the cost of computers,

4 engineers and analysts that were used to create the analytical structure and assumptions. A competitor would obtain a significant advantage in the marketplace if he has access to this information. Not only would he not have to expend the time, energy and resources required to develop the Analyses, but he could represent that the Analyses were the product of GE engineering, thus riding on GE's substantial reputation in tlie marketplace, and still sell the Analyses at lower prices than GE was charging, because GE must recover the cost of development. In addition, GE has many competitors in the business of producing and marketing Probabilistic Risk Assessments (PRA's) which are based on the Analyses; thus, any information which is obtained at low cost can be directly translated into an immediate advantage in the marketplace, which, since there are so many competitors, is sensitive to cost.

8. The production of PRA's and their associated fault trees, is an extremely competitive business. The Nuclear Regulatory Commission has required many utilities prossessing nuclear plants to produce PRA's and it is expected that all plants will be expected to perform a PRA in the near future.

9. The Analyses are valuable to competitors in other ways besides competing with GE for the PRA market. These Analyses provide a competitor with a better understanding of all parts of GE-built nuclear facility. Since many of these competitors compete with GE in providing many different kinds of services to nuclear facilities, this information could be used to enhance their competitive position in other marketplaces.

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10. I have evaluated the item in paragraph 2 in accordance with the criteria stated in paragraphs 3 and 4 above and have found it to be information which is proprietary and which is customarily held in confidence by General Electric.

Glenn G. Sherwood, being duly sworn, deposes and says that he has read the foregoing affidavit and the matters stated threin are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 27 day of April , 1982.

fAf G. G. Sherwood, Manager Nuclear Safety and Licensing Operation STATE OF CALIFORNIA COUNTY OF SANTA CLARA Subscribed and sworn to before me this 27 day of April ,

1982.

OFFICIAL SEAL' by: . Ha Y/

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NLM KAREN S. VOGELHU8ER Notary Public - California 2 NotAny rusuc.CAUFORNIA.

SANTA CLARA COUNTY G Santa Clara County My Commission Empires Dec. 21,1984 My Commission Expires sosoowooooosmosmo:oomos December 21, 1984 175 Curtner Avenue San Jose, CA 95125 GGS:pab/2-T 4/26/82