ML20085K263

Forwards Addl Documents,In Response to NRC Re Resolution of Issues Related to Chapter 18 of Ssar for Advanced BWR Design.Documents Withheld

ML20085K263
Person / Time
Site:	05000605
Issue date:	10/25/1991
From:	Marriott P GENERAL ELECTRIC CO.
To:	Chris Miller NRC, NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML19353B238	List: ML20085K263
References
EEN-9177, MFN-134-91, NUDOCS 9110300260
Download: ML20085K263 (4)

Text

~

t

(

)

GE Nucicar Energy

~,, t 4 Octolwr 25,199i MEN No.134 91 Docket No. STN 50-605 EEN-9177 Document Control Desk U.S. Nuclear Regulatory Commission Washington, D.C. 20555 Attention: Charles L Miller, Director Standardization and Non-Power Reactor Project Directorate

Subject:

Request for Supporting Documents from the Chapter 18 issues Meeting in San Jose on September 10-11,1991

References:

1. Dino C. Scaletti To Patrick W. Marriott, "Rese!ution of Issues Related to Chapter 18 of the Standard Safety Analysis Report for !he Advanced Boiling Water Reactor Design", August 30, 1991

2. OE Responses to the Resolution of issues Related to Chapter 18, Meeting in San Jose on September 1011,1091, MFN No, 112 91, dated October 1,1991

3. Request for Supporting Documents from the Chapter 18 1ssues Meeting in San Jose on September 10-11,1991, MFN No. I13-91, dated October 1,1991 Enclosed is one (1) set of additional ABWR support documents relative to the issues identified in Reference 1. These documents are provided in support of the responses to issue Numbers 1,2.c and 6 of Reference ? and are in addition to those supplied via Reference 3.

He enclosed documents contain information that is designated as General Electric Company proprietary information and included is the corresponding proprietag affidavit.

Sincerely, L

PK M rriott, Manager Regulatory and Analysis Services M/C 382, (408) 925-6948 cc: F. A. Ross (DOE) '

N. D. Fletcher (DOE)

C. Postusny, Jr. (NRC)

J. S. Wermiel (NRC)

R. C. Berglund (GE) 1 J. F. Quirk (GE) 9110300260 911025 ') l l;

PDR ADOCK 05000605 i A PDR

General Electric Company AFFIDAYlT 1, Robert C Mitchell, being duly sworn, depose and state as follows:

1. I am Manager, Nuclear Products Licensing, General Electric Company, and have been del-egated the functiou ei reviewing the information described in paragraph 2 which is sought to be withheld and have been authorized to apply for its withholding under 10CFR2.790(a)(4) and (b)(1).

2. W information scoght to be withheld are the following documents:

Numler Revision Title 23A5759 A implementation Procedure for the Design of liardware and Software 23A5761 A Multiplexing System Application Procedure 299X700-029 0 Control Complex Design Application Procedure 299X701-016 0 Safety System Application Procedure

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, Sectic>a 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 elemer.t of secrecy must exi" 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 mea-sures taken by him to guard the secrecy of the information;(4) the value of the in-formation to him and to his competitas;(5) the amount of effort or money ex-panded by him in developing the information; (6) the case or difficulty 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 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; arraavmge i

4

c. Information which if used by a competitor, would reduce his expenditure of re.,ources or improve his competitive position in the design, manufacture, shipment, installation, as.

surance of quality or licensing of a similar product;

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

e. Information which reveals aspects of past, present or future General Electric cus-tomer funded development plans and programs of potential commercial value to Gen-eral 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. In addition to proprietary treatment given to material meeting the standards enumerated above, General Electric customarily maintains in confidence preliminay and draft material which has not been subject to complete proprietary, technical and editorial review. This prac- ,

tice is based on the fact that draft documents often do not appropriately reflect all aspects of a probicm, may contain tentative conclusions and may contain errors that can be corrected during normal review and approval procedures. Also, until the final document is complete it may not be possible to make any definitive determination as to its proprietary nature. Gen-eral Electric is no: generally willing to release such a document in such a preliminary form.

Such documents are, however, on occasion furnished to the NRC staff 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 Elec-tric's potential proprietary position and permitting General Electric to insure the public doc-uments are technically accurate and correct.

6. ; Initial approval of proprietary treatment of a document is typically made by the Subsection manager of the origmating component, who is most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such docu-ments within the Company is limited on a "need to know" basis and such documena are clearly identified as proprietary. ,

7. 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 regulatoy bodies, customers and po-tential customers and their agents, suppliers ar.d licensees then only with appropriate protec-tion by applicable regulatory provisions or proprietary agreements

8. The document mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has neen found to contain information which is propri-etary and which is customarily held in confidence by General Electric.

Amdavit Page 2

I*

l

9. The information to the best of my knowledge and belief has consistently twen held in confi-dence by the General Electric Company, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regu-latory provisions or proprietary agreements which provide for maintenance of the informa-tion in confidence.

10. The information, as called out in Paragraph 2 sought to be withheld has been jointly developed by General Flectric, l{itachi and Toshiba for the Kashiwazaki Kariwa project, Units 6 & 7. Public disclosure of this information is likely to cause substantial harm to the competitive position of the General Electric Company, liitachi, Ltd. and Toshiba Corporat-ion and deprive or reduce the availability of profit making opportunities because it contains details of the General Electric, liitachi and Toshiba design which are not available to other parties without prior proprietary agreement. This information would provide other parties, meluding competitors, with valuable information associated with the technical and business practices of the General Electric Company, Ilitachi, Ltd. and Toshiba Corporation. This information is of a type customarily held in confidence by General Electric, Ilitachi and Tos-hiba since it reveals valuable design information obtained at considerable expense to General Electric, Ilitachi and Toshiba.

STATE OF CALIFORNIA )

• COUNTY OF SANTA CLARA ) **.

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 - N day of CAT 7 M L) 1991.

f'bMJ (' 'hhfd$'

kobert C. Mitchell General Electric Company Subscribed and sworn before me this day obedeb 1991.

m a,.c.w u - m q OFFICI AL SE AL M Ow_kts I k 0416.4 -

th adh[

wa

ma x"A vy es wn Ecouan m am

5. n"

' ~ -

i Notary Public - CalRornia K

Santa Clara County

. . . -__ _ _ _ _ _ _ _ _ - _ - _ _ _ - - _ _ - - _ _ _ - _ _ - - - _ _ _ _ - _ _ _ _ - _ _ _ _ - -