ML20041C544
| ML20041C544 | |
| Person / Time | |
|---|---|
| Site: | 05000447 |
| Issue date: | 02/23/1982 |
| From: | Pfefferlen H GENERAL ELECTRIC CO. |
| To: | Rubenstein L Office of Nuclear Reactor Regulation |
| References | |
| HCP-09-82, HCP-9-82, MFN-015-82, MFN-15-82, NUDOCS 8203020238 | |
| Download: ML20041C544 (4) | |
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GENER AL h ELECTRIC NUCLEAR POWER SYSTEMS DIVISION GENERAL ELECTRIC COMPANY 175 CURTNER AVE.. SAN JOSE. CALIFORNIA 95125 MFN-015-82 MC 682, (408) 925-3392 p
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U. S. Nuclear Regulatory Commission
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Division of Systems Integration Office of Nuclear Reactor Regulation Vp Washington, DC 20555 Attention:
L. S. Rubenstein, Assisstant Director For Core And Containment Systems Gentlemen:
SUBJECT:
RESPONSE TO STAFF POSITIONS ON APPENDIX 38 0F GESSAR II
Reference:
Letter, H. C. Pfefferlen to L. S. Rubenstein, same subject, November 9, 1981 The referenced letter transmitted information which General Electric maintains in confidence and withholds from public disclosure. This material was stamped General Electric Proprietary, but an affidavit attesting to its confidentiality was omitted.
The affidavit is herewith provided.
At the request of the NRC, copies of the proprietary material was pro-vided to NRC consultants George Maise and Ain Sonin.
It is requested that all parties having access to the material as part of the NRC review, treat it in accordance with its proprietary classification.
Very truly yours, H. C. Pfe f rien, Manager BWR Licensing Programs Nuclear Safety and Licensing Operation HCP:hjr/C02025 3
cc:
L. S. Gifford (GE - Bethesda)
S H. B. Fields (NRC)
J. A. Kudrick (NRC)
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8203020238 920223 PDR ADOCK 05000447 A
i j-GENERAL ELECTRIC COMPANY i
I, Glenn G. Sherwood, being duly sworn, depose and state as follows:
1.
I am Manager, Safety and Licensing Operation, 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 response to !!RC questions related to Appendix 3B of GESSAR II.
1 1
3.
In designating material as proprietary, General Electric utilizes the definition of proprietary infomation and trade secrets set forth in the American Law Institute's Restatement Of Torts, j'
Section 757.
This definition provides:
"A trade secret may consist of any fomula, pattern, device or compilation of infomation which is used in one's business and which gives him an opportunity to obtain an advantage over l.
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 infoma-tion....
Some factors to be considered in determining whether given information is one's trade secret are: (1) the extent to j
which the infomation 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 t
guard the secrecy of the information; (4) the value of the information to him and to his competitors; (5) the amount of I
effort or money expended by him in developing the information; i
(6) the ease or difficulty with which the infomation could be properly acquired or duplicated by others."
4.
Some examples of categories of information which fit into the definition of proprietary infomation are:
a.
Infomation that discloses a process, method or apparatus where prevention of its use by General Electric's competitors without license from General Electric constitutes a competi-tive economic advantage over other companies; b.
Infomation consisting of supporting data and analyses, includ-i ing 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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N' 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, produc-tion 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 3rotection; 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 procedures. Also, until the final document is completed 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 document to the general public in such a preliminary form.
Such documents are, however, on occasion furnished to the flRC 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 signifi-cant or potentially significant information.
Furnishing the docu-ment 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 proprie-tary position and permitting General Electric to insure the public documents are technically accurate and correct.
6.
Initial approval of proprietary treatment of a document is made by the Subsection f4anager of the originating component, the man 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 at all times are clearly identified as proprietary.
7.
The procedure for approval of external release of such a document is reviewed by the Section fianager, Project Manager, Principal Scientist or other equivalent authority, by the Section flanager of the cognizant Marketing function (or his delegate) and by the Legal i
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Operation for technical content, competitive effect and deter-mination of the accuracy of the proprietary designation in accord-ance 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 only in accordance with appropriate 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 been found to contain information which is proprietary and which is customarily held in confidence by General Electric.
l 9.
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 est available in public sources. The material evsiits of information which is part of the General Electric technology base which has a value that is clearly substantial and would be lost if the Information were disclosed to the public.
Glenn G. Sherwood, 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#f_ Yay of ddraaaw,198p tl Glenn G.'Sherwood General Electric Company STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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