ML20147F222

Provides Info Supporting 871214 Request for Amend to License NPF-57.GE Affidavits Requesting That Listed Documents Encl W/Request Be Withheld (Ref 10CFR2.790) Encl

ML20147F222
Person / Time
Site:	Hope Creek
Issue date:	03/03/1988
From:	Miltenberger S Public Service Enterprise Group
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
References
NLR-N88035, NUDOCS 8803070278
Download: ML20147F222 (8)

Text

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Pubhc Service Electric and Gas Opyany ,

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Steven E. M"':2:.,.; Pub'ic Service Electric and Gas Company P.O. Box 236. Hancocks Bridge, NJ 08038 609 339-4199 i v eo Prn e n -  ;

Nelear otwataw '

March 3, 1988 NLR-N88035 United States Nuclear Regulatory Commission (I Document Control Desk Washington, DC 20555 Gentlement REQUEST FOR AMENDMENT SUPPLEMENTAL DOCUMENTATION FACILITY OPERATING LICENSE NPF-57 HOPE CREEK GENERATING STATION ,

DOCKET NO. 50-354  ;

Pursuant to the verbal request from Mr. G. W. Rivenbark of the f NRC staff, Public Service Electric and Gas Company (PSE&G) hereby provides information in support of the Request for Amendment previously transmitted in the letter from C. A. McNeill, Jr. on December 14, 1987 (NLR-N87229). Specifically, attached please ,

find two (2) General Electric Company (GE) affidavits, pursuant ,

to 10CFR2.790, requesting that Supplement I to the Supplemental  ;

Reload Licensing SuDmittal for Hope Creek Generating Station '

(HCGS), Reload One (GE Document No. 23A5854AA, Supplement 1,  !

October 1987) and NEDC-31487, the Final Report on Increase Core  ;

Flow and Extended Load Line Limit Analysis dated November 1987 be l withheld from public disclosure. These referenced documents were ,

previously provided as Attachments 2 and 3 to the letter from L C. A. McNeill, Jr. dated December 14, 1987 (NLR-N87230).

l Should you have any further questions or comments, do not I hesitate to contact us. [

t Sincerely, i 3/ 2 ,

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l Attachment (2 GE affidavits) f i

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8803070278 980303

hDR ADOCK 05000354 oco g l l

t Docunient C3ntrol Desk 2 03-03-88 C Mr. G. W. Rivenbark '

USNRC Licensing Project Manager Mr. R. W. Borchardt USNRC Senior Resident Inspec* ,c Mr. W. T. Russell, Admi" etrator USNRC Region I Mr. D. M. Scott, Chief Bureau of Nuclear Engineering Department of Environmental Protection 380 Scotch Road Trenton, NJ 08628 h

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OENERAL ELECTRIC C0MPANY AFFIDAVIT I, Rudolph Villa, being duly sworn, depose and state as follows:

1. I am Manager, Consulting Services, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholding.

2. The information sought to be withheld is contained in "Supplement 1 to Supplemental Reload Licensing submittal for Hope Creek Generating Station, Unit One, Reload One", (23A5854, Supplement 1),

October 1987.

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 h19 ar opportunity to obtain an advantage over competitors %ho do not know or use it.... A substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information.... Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the ease or difficulty with the which the information could be properly acquired or duplicated by others."

4 Sore 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 s competitive economic advantage over other companies;

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b. Information consisting of supporting data and analyses, including test data, relative to a process, method or apparatus, the application of which provide a competitive economic advantage, e.g., by optimization or improved marketability;

c. Information which if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;

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

e. Information which reveals aspects of past, present or future General 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 prvprietary according to agreements with other parties.

5. Initial approval of propriotary treatment of a document is typically made by the Subsection manager of the originating component, the person whc is most likely to be acquainted with the value and sensitivity of the information in relation to industry ,

knowledge. Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

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 authority, by the Subsection Mar.ager 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. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their ,

agents, suppliers and licensees then only with appropriate protection by applicable regulatory provisions or proprietary agreements.

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 proprietary and which is I customarily held in confidence by General Electric.

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8. 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 av.silable in public sources. All disclosures to third parties have 4

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

9. Public disclosure of the information sought to be withheld is likely to cause substantial harm to the competitive position of the General Electric Coispany and deprive or reduce the availability of profit making opportunities because it would provide other parties, ,

including competitors, with valuable information STATE OF CALIFORNIA ) I COUNTY OF SANTA CLARA )

Rudolph Villa, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this 8 d y of [M ,19M. .

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k Od YM Rudolph Vi7fa General Electric Company Subscribed and sworn before me thi&_,d y oWdftklfd1981 OFFICIAL M AL '

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NOTARY PUBLIC, STATE OF Q LIFORNIA i

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E GENERAL ELECTRIC C0MPANY I, Rudolph Villa, being duly sworn, depose and ' tate as follows:

l. I am Manager, Consulting Services, General Electric Company, and have been delegated the function of reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholding.

- 2. The information sought to be withheld is contained in the document entitled "Increased Core Flow and Extended Load Line" (NEDC-31487).

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 substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring information.... Some factors to be considered in determining whether given information is one's trade secret are: (1)the extent to which the information is known outside of his business; (2) the extent to which it is known by employees and others involved in his business; (3) the extent of measures taken by him to guard the secrecy of the information; (4) the value of _ the information to him and to his competitors; (5) the amount of effort or money expanded by him in developing the information; (6) the ease or difficulty with 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 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 competitc,r, would reduce his c expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product;

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

9. 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. Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the originating component, the person who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.

Access to such documents within the Company is limited on a "need to know" basis and such documents are clearly identified as proprietary.

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 authority, by the Subsection Manager of the cognizant Marketing function (or delegate) and by the Legal Operation for technical content, competitive effect and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside General Electric are generally limited to regulatory bodies, customers and potential customers and their agentr, suppliers and licensees then only with appropriate protection by applicable regulatory provision 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 proprietary and which is customarily held in confidence by General Electric. 1

8. 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 l in public sources. All disclosures to third parties have been made l pursuant to regulatory provisions of proprietary agreements which provide for maintenance of the information in cor.fidence.

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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 valuable information.

STATE OF CALIFORNIA )

COUNTY OF SANTA CLARA ) ss:

Rudolph Villa, being duly. sworn, deposes and says:

That he has read the foregoing affidavit and the matters states therein are true and correct to the best of his knowledge, information, and belief.

Executed at San Jose, California, this day of ,19M Rudolph Villi General Electric Company Subscribed and sworn before me this } day of M O # c k ,198S'

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l t, OFFICIAL %AL PAULA F HUSSEY NOTARY PUBLIC, STATE OF 06LIFORNIA s -

NOTARY PUBUC CAUFORNIA I 1 Mi 'c i es 3, 1989 1

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