ML20216F194

Proposed Tech Specs License Condition 2.C(13) Re Partial Feedwater Heating & Final Feedwater Temp Reduction

ML20216F194
Person / Time
Site:	River Bend
Issue date:	04/09/1998
From:	ENTERGY OPERATIONS, INC.
To:
Shared Package
ML20036E328	List: ML20216F194 RBG-44457, Application for Amend to License NPF-47,revising License Condition 2.C(13) Concerning Final Feedwater Temp Reduction Analysis, LAR 97-16.Affidavit Supporting LAR & Proprietary GE Rept NEDC-32549P,dtd May 1997,encl
References
NUDOCS 9804160467
Download: ML20216F194 (1)

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l ATTACIIMENT 3 l

TECilNICAL SPECIFICATIONS CIIANGES l

License Condition 2 C(13) l l Original l

l "The facility shall net be operated with partial feedwater heating beyond the end of the fuel cycle without prior written approval of the staff. During the normal fuel cycle, the facility shall not be operated with a feedwater heating capacity which would result in a rated thermal power feedwater temperature less than 320 F without prior written approval of the staff." l l

Revised "He fee"!!y the!! et M rpreted ":9 pr!e! feet-'e 'er*: ;; byend e end of 6e fue! eye!e

. ..:,qe. .t p :m. m.: .. ., 2pm.m..g me.qg gt3rr During the -^~ 2! power operation fue! :ycle, the facility shall not be operated with a feedwater heating capacity which would result in a rated thermal power feedwater temperature less than 320 *F-w4det pr:c- " :'te appre 72! ef *he g.,

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l 9804160467 980409 PDR ADOCK 05000458 P PDR l

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ATTACHMENT 4 NEDC-32549P l

Note: this document provides the propriettsy portions of the aforementioned request, General l

Electric Report NEDC-32549P. EOI requests that this attachment be held proprietary in accordance with 10 CFR 2.790(b) for the reasons stated in the attached General Electric affidavit.

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I General Electric Company AFFIDAVIT l

l I, George B. Stramback, being duly sworn, depose and state as follows:

(1) I am Project Manager, Regulatory Services, General Electric Company ("GE") and j 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.

l (2) The information sought to be withheld is contained in the GE proprietary report NEDC-32549P, Safety Review for River Bend Station Cycle 7 Final Feedwater 7'emperature Reduction, Revision 0, Class 111 (GE Proprietary Information), dated May 1997. The proprietary information is delineated by bars marked in the margin j adjacent to the specific material. l l

(3) In making this application for withholding of proprietary information of which it is 1 l the owner, GE relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),5 USC Sec. 552(b)(4), and the Trade Secrets Act,18 USC Sec.1905, and NRC regulations 10 CFR 9.17(a)(4), 2.790(a)(4), and l 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which l exemption from disclosure is here sought is all " confidential commercial information", and some portions also qualify under the narrower definition of " trade l

l secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Enernv Proiect v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen Health Research Group l v. FDA,704F2dR80 (DC Cir.1983).

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l (4) Some examples of categories of information which fit into the defimition of l proprietary infomiation are:

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a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits use by General Electric's competitors without license from General Electric constitutes a competitive economic advantage over other companies;

b. 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; GBS-97 4-afRBFFWI. doc Amdavit Page 1 L

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

d. 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

e. Information which discloses patentable subject matter for which it may be

desirable to obtain patent protection.

l l The information sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be withheld is being submitted to NRC in conGdence. l The information is of a sort customarily held in confidence by GE, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in conndence by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in conndence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the infonnation in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis. I (7) The procedure for approval of external release of such a document typically requires j review by the staff manager, project manager, principal scientist or other equivalent l

authority, by the manager of the cognizant marketing function (or his delegate), and  !

by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GE are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or propnetary agreements.

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l l (8) The information identi6ed in paragraph (2), above, is classified as proprietary I because it contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval mf, and i applied to perform evaluations of different plant conditions and parameters for the BWRs.

l G BS-97-4-atRBFFW l . doc Afridavit Page 2 l

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• l The development and approval of the BWR models, methods, processes and computer codes was achieved at a significant cost, on the order of a million dollars, to GE.

The development of the evaluation process along with the interpretation and anplication of the analytical results is derived from the extensive experience i database that constitutes a major GE asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial hann to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The infonnation is part of GE's comprehensive l BWR safety and technology base, and its commercial value extends beyond the l original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.

l The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GE.

l The precise value of the expertise to devise an evaluation process and apply the l correct analytical methodology is difficult to quantify, but it clearly is substantial.

GE's competitive advantage will be lost ifits competitors are able to use the results of the GE experience to normalize or verify their own process or if they are able to l claim an equivalent understanding by demonstrating that they can arrive at the same

! or similar conclusions.

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The value of this intbrmation to GE would be lost if the information were disclosed to the public. Making such information available to competitors without their ,

having been required to undertake a similar expenditure of resources would unfairly l l

l provide competitors with a windfall, and deprive GE of the opportunity to exercise l l

its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

i GBS-97-4-afRBFFW1. doc Aflidavit Page 3

B STATE OF CALIFORNIA )

) ss:

COUNTY OF SANTA CLARA )

George B. Stramback, 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 know! edge, information, and belief.

Executed at San Jose, California, this 5~ day of 9451 1997.

V Nefd> $ &

G(orge B. str"amback General Electric Company Subscribed and sworn before me this Sf/t day of 'b/ 1997.

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