RBG-26452, Forwards Proprietary Info Required for Initial Updated FSAR, Per Generic Ltr 81-06, Periodic Updating of Fsars. W/ Affidavits.Info Withheld (Ref 10CFR2.790)

Forwards Proprietary Info Required for Initial Updated FSAR, Per Generic Ltr 81-06, Periodic Updating of Fsars. W/ Affidavits.Info Withheld (Ref 10CFR2.790)

ML20237J457
Person / Time
Site:	River Bend
Issue date:	08/28/1987
From:	Deddens J GULF STATES UTILITIES CO.
To:	NRC OFFICE OF ADMINISTRATION & RESOURCES MANAGEMENT (ARM)
Shared Package
ML19292H723	List: RBG-26452, Forwards Proprietary Info Required for Initial Updated FSAR, Per Generic Ltr 81-06, Periodic Updating of Fsars. W/ Affidavits.Info Withheld (Ref 10CFR2.790)
References
GL-81-06, GL-81-6, RBG-26452, NUDOCS 8709030595
Download: ML20237J457 (7)

Text

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GULF STATES UTILITIES COMPANY

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POST OFFICE HOX 2951 BEAVVONT, TEXAS 77701 AREA CODE 713 838 6031 l l

August 28, 1987 l RBG-26452 File No. G9.5 ]

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U. S. Nuclear Regulatory Commission Document Control Desk Washington, D.C. .20555 Gentlemen:

River Bend Station - Unit 1 Docket No. 50-458 Pursuant to 10CFR50.71(e), Gulf States Utilities Company (GSU) hereby submits one signed original and ten copies of the proprietary information required for the initial update of the Final Safety Analysis Report hereinafter referred to as Updated Safety Analysis Report, (USAR) for' River Bend Station, Unit 1. GSU requests that the documents in (Attachment 2) be held proprietary in accordance with 10CFR2.790 for the reasons stated in the attached General Electric Company affidavit (Attachment 1).

The initial USAR proprietary documents (Attachment 2) have been prepared in accordance with the guidance provided by NRC Generic Letter 81-06, " Periodic Updating of Final Safety Analysis Report (FSARs)",

dated February 26, 1981. Accordingly, these figures have been revised only to remove any change bars or amendment numbers. Documents previously identified as proprietary in the FSAR but not included in Attachment 2, have been reclassified by GE as non-proprietary. As such,

'hese reclassified FSAR proprietary documents have been updated and are included in the initial USAR submitted under separate cover.

As required by 10CFR50.71(e)(2), the attached affidavit certifies that the information given in Attachment 2 has not been changed except as heretofore stated since submittal in the FSAR. Additionally, these figures are up to date as of a maximum of six months prior to this submittal.

8709030595 870828 PDR ADOCK 05000458 N. P Ro P ro : N RC POR g3y gQ k PDR hJy LPOR i j

• • 4 USNRC August 29, 1987 Page 2 RBG-26452 If you have any questions concerning this submittal, please contact Mr. L. A. England of my staff at (409)-839-3011.

Sincerely, l

J. C. Deddens Senior Vice President River Bend Nuclear Group JCD/ 1p cci Mr. Robert D. Martin, Regional Administrator U. S. Nuclear Regulatory Commission Region IV 611 Ryan Plaza Drive, Suite 1000 Arlington. TX 76011 NRC Residen'. I nc. Otor River Bend Stats l

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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION l

STATE OF TEXAS $

COUNTY OF JEFFERSON 5 In the Matter of 5 Docket No. 50-458 GULF STATES UTILITIES COMI'ANY f (River Bend Station, Unit 1)

AFFIDAVIT J. C. Deddens, being duly sworn, states that he is a Senior Vice President of Gulf States Utilities Company; that he is authorized on the part of said company to sign and file with the Nuclear Regulatory Commission the documents attached hereto; and that all such documents are true and correct to the best of his knowledge, information and belief,

, /A A lW Jf'd. DedTe'iis Subscribed and sworn to before me, a Notary Public in and for the StateandCountyabovenamed,this2E8' day of,4ccc57' , 19 f7, lt h 2 & O, A LY h a>o y Notary Public in and for Jefferson County, Texas My Commission Expires:

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l i ATTACHMENT 1 Contents:

General Electric Company Affidavit

GENERAL ELECTRIC COMPANY 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 consists of the following figures as filed with the NRC as part of the River Bend Station - Updated Safety Analysis Report (RBS-USAR):

Chapter 4 Initial Core Fuel Design (Figures 4.3-3, 4.3-4, 4.3-9, 4.3-10, 4.3-11 and 4.3-12).

Chapter 6 SRV Sparger Detail (Fig. A.6. A.7-4).

3. In designating material as proprietary, General Electric utilizes the de-finition of proprietary information and trade secrets set forth in the American Law Institute's Restatement of Torts, Section 757. This definition provideo*

"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, execpt 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 dif ficulty with the which the information could be properly acquired or duplicated by others."

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

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

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; 1

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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, assuranco 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;

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

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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 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 procadures. Also, until the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. General Electric is not generally willing to release such a documtnt in such a preliminary form.

Such documents are, however, on occasion furnished to the NRC staf f 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 i

Electric to insure the public documents are technically accurate and correct.

6. 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 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.

7. The procedure for approval of external release of such a document typically 1 requires review by the Subsection Manager, Project manager, Principal d Scientist or other equivalent authority, by the Subsection Manager of the i l

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 d regulatory bodies, customers and potential customers and their agents, 4 suppliers and licensees then only with appropriate protection by applicable j regulatory provisions or proprietary agreements, j

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8. The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been -found to c?-tain information which is proprietary and which is customarily held in contidence by General Electric.

9. The information to the best of my knowledge and belief has consistently been i held in confidence by the General Electric Company, no public disclosure has j

. been made, and it is not available in public sources. All disclosures to  ;

i. third parties have been made pursuant to regulatory provisions of proprietary i agreements which provide for maintenance of the information in confidence. a

10. 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 i it would provide other parties, including competitors, with valuable i information associated with Technical and business practices of the General l Electric Company. The information ~ listed in Section ' 2 above, is part of several programs developed with expenditure of substantial resources exceeding $25,000,000.

! STATE OF CALIFORNIA )

i -COUNTY OF SANTA CLARA ) 88' L Rudolph Villa, being duly sworn, deposes and says:

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

Executed at San Jose, California, this /l day of Mw>ut ,198[.

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' Rudolph/ Villa i General Electric Company Subscribedandswornbeforemethis} day of 1981 U-

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l O V N6TARY PUBLIC, STATE OF(QALIFORNIA

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' NOTARY PUBUC

• CAU70ANI A .

l SANT4 CUPA C0"NTY '

. My comm. expires W1 11 1909 4,  ;

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