ML20079P036

Forwards Proprietary Suppl 1 to EA-PT-91-0003-SP, River Bend Station Plant Transient Analysis Methodology - Delta CPR Methodology & Addl Benchmarks. Rept Withheld (Ref 10CFR2.790)

ML20079P036
Person / Time
Site:	River Bend
Issue date:	10/31/1991
From:	Odell W GULF STATES UTILITIES CO.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19353B266	List: RBG-35-876, Forwards Proprietary Suppl 1 to EA-PT-91-0003-SP, River Bend Station Plant Transient Analysis Methodology - Delta CPR Methodology & Addl Benchmarks. Rept Withheld (Ref 10CFR2.790)
References
RBG-35-876, NUDOCS 9111120167
Download: ML20079P036 (7)

Text

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GULF STATES UTILITIES COMPANY w ,v.c. s-, msw,a w. w v - w a a,ssa,mns

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October 31,1991 RBG-35,876 File Nos, G9.5 U.S. Nuclear Regulatory Commission Document Control Desk Washington, D.C. 20555 Gentlemen:

River Bend Station - Unit 1 Docket No. 50-458 In a letter dated May 2,1991 (RBG-34939), Gulf States Utilities (GSU) submitted topical report EA-PT-91-0003-M entitled " River Bend Station Plant Transient Analysis Methodology" and requested that the NRC issue a safety evaluation report (SER) for this topical by January 1992. This letter provides the proprietary portions of SupNement 1 (EA-PT-91-0003-SP) to the aforementioned report. GSU requests that this attached supplement be held proprietary in accordance with 1"R2 700 far the reasons stated in the attached affidavit, Concurrent with this letter, a separate letter dated October 31,1991 (RBG-35877) provided the non-proprietary nortion of this supplement (EA-PT-91-0003-S).

If you have any questions regarding this submittal, please contact L.L Dietrich at (504) 381-4866, S' cere r

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.H. Odell 5-Manager - Oversight 7 River Bend Nuclear Group 9 83 W90 AFM M/11.D/WJS/kym Attachment I.

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cc: U.S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011 Mr. D.V. Pickett U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 NRC Resident Inspector P.O. Box 1051 St. Francisville, LA 70775 ,

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STATE OF LOUISIANA )

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PARISH OF WEST FELICIANA ) Docket No. 50-458

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In The Matter of )

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Gulf States Utilities Company )

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(River Band Station, Unit 1) )

AFFIDAVIT I, W.H. Odell, being duly sworn, depose and state as follows:

1. I am the Manager - Oversight - River Bend Nuclear Group, Gulf States Utilities Company. In that position, I am responsible for the management of the Quality Assurance Program, the Independent Safety Engineering Function, the D'alear Safety Assessment Program and the Nuclear Licensing Department. - Part of my duties relating to the oversight of the Nuclear Licensing Department include the review of the information described in paragraph 2 to determine whether an application for withholding such information from public disclosure should be filed and to apply for its withholding should I make a positive determin< tion.

2. The information sought to be withheld is contained in

" Supplement 1 to the River Bend Station Plant Transient Analysis Methodology Report", EA-PT-91-0003-SP,- dated October, 1991, (hereinafter " report").

3. Supplement 1 to the River Bend Plant Transient Analysis Methodology was prepared by the Company in order to allow it to perform nuclear fuel reload and technical specification safety analyses. Such report was prepared at substantial expense to the Company. Integral to the report and unable to be segregated is input from the General Electric Company relating to the GEXL Plus correlation for which proprietary _

status has been claimed by General Electric Company - (see .

attached affidavit). Gulf States Utilities signed an agreement for the use of such GE correlation which required that information be kept proprietary and further not disclosed without the consent of General Electric Company. In that

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i l agreement are substantial penalties associated with the release of the information by Gulf States Utilities Company.

The information sought to be withheid is proprietary material and trade secrets (g10, for example, American Law Institutes Restatement of Torts, Section 7S7).

4. In accordance with 10CFR2. 790 (b) (d) (4 ) , the following information is being submitted.

a. This report has been withheld frem public disclosure or general circulation. To Gulf States' knowledge, the report has not been disclosed to individuals or organizations outside of Gulf States other than its consultants or contractors which prepared this information. Appropriate protection by means of proprietary agreements has been utilized to protect the proprietary information from further disclosure. Access to such documents within the Company is limited on a "need-to-know" basis and the report is clearly identified as proprietary.

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b. The GEXL Plus correlation discussed in the report is material which has previously been withheld from public disclosure. General Electric has in the past sought and received such proprietary status regarding methodologies

similar to that contained in the report sought to be withheld.

c. The information is being transmitted to the NRC with a request to withhold it from public disclosure,

d. To the knowledge of Gulf States Utilities, the information contained in this report is not in or could not easily be derived from information available in public sources.

e. Public disclosure of the information contained in the report would be likely to cause substantial harm to Gulf States Utilities. As previously stated, the information was prepared at considerable expense to Gulf States Utilities Company and is not easily duplicated from information- available elsewhere. Were the NRC to determine that the document could not be withheld from public disclosure, GSU would be forced to withdraw such document or be in violation of-its agreement with General l Electric. Thus, the considerable expense in preparing this ovcument would be lost.

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5. For the reasons discussed above, on behalf of Gulf States Utilities Company, I request pursuant to Section 2.790(a) (4) that the information contained in Supplement 1 to the Transient Analysis Methodology Report, EA-PT-91-0003-SP, be withheld from public disclosure.

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W.H. Ode'll- -

Sworn to and subscribed before me, a Notary Public, in and for the State and Parish above named, this 3l M dsy of f)e LO I> 9 n ,

1991. My commission expires with Life.

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6 i l'VdJ).d1CA s j k LLL'l Claudia F. Hurst Notary Public in and for West Feliciana Parish State of Louisiana l

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General Electric Company AFFIDAVIT I, Robert C. Mitchell, being duly s,vorn, depose and state as follows:

1.

I am Manager, Nuclear Products Licensing, General Electric Company, and have been del-egated the function of reviewing the information described in paragraph 2 which is sought to be withheld from public disclosure and have been authorized to apply for its withholding.

2. The information sought to be withheld is contained in " Supplement I to the River Bend Station Plant Transient Analysis Methodology" Report dated October,1991 EA IrT-91-0003 SP.

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 infor-mation 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 informetion.... 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 mea-sures taken by him to guard the secrecy of the information; (4) the value of the in-formation to him and to his competitors;(5) the amount of effort or money ex-pended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquit ed or duplicated by others."

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

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

b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or 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, assurance of r,uality or licensing of a similar product;

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

e. 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;

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

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

5. Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, who is most likely to be acquainted with the value and sensitivity of t!'e information in relation to industry knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

6. The procedure for approval of external release of such a document typically requires review by the Subsection Manager, Project manager, Principal Scientist or other equivalent author-ity, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated 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.

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.

8. 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 disclosure; 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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9. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Company and deprive or reduce the availability of profit making opportunities because it would provide other parties, including competitors, with 5 atuable information.

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STATE OF CAllFORNIA )

COUNTY OF SANTA CLARA ) ss:

Robert C. Mitchell, 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 77 $ay of 56Mm66R.1991.

C.YJLQ Robert C. Mitchell General Elec:ric Company l Subscribed and sworn before me this 8[' day ofbnkmk 1991.

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OFFICIA LSEAL q t;o1An p ud . CA RNIA OLL.h(L N OltRtet_

x*: tmA ctAra COUNTY h l ... g, comm. upires APR 5,1994 Notary Public- California

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Santa Clara County 1