ML20086H700
| ML20086H700 | |
| Person / Time | |
|---|---|
| Site: | 05200004 |
| Issue date: | 07/14/1995 |
| From: | Quinn J GENERAL ELECTRIC CO. |
| To: | Quay T NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM), Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML19325F591 | List: |
| References | |
| MFN-105-95, NUDOCS 9507180245 | |
| Download: ML20086H700 (6) | |
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GENuclear Energy i
James E Quinn, Projects Manager GeneralElectric Company LMR andSBWR Programs 173 Curtner Avenue MC 163, San Jose, CA 93123 l
Phone (408) 9251005 Fax (408) 923-3991 July 14,1995 MFN 105-95 Docket STN $2-004 j
Document Control Desk U. S. Nuclear Regulatory Commission Washington DC 20555 Attention:
Theodore E. Quay, Director Standardization Project Directorate i
Subject:
SBWR - GIRAFFE HEAT REMOVAL PERFORMANCE TESTS TP&Ps (including instrumentation and drawing package), Report TOGE110-TO7, revision, May 31,1995.
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Reference:
1)
MFN 018-95, from J. E. Quinn (GE) to R. W. (NRC), Approach to Achieve Clo.wre ofItems Relatedto the GESBWR TAPD, dated February I4,1995.
2)
MFN 072-95, from J. E. Quinn (GE) to T. E. Quay (NRC), SBWR Test Documentation Submittals, dated May 10,1995.
I GE has submitted Reference I to the NRC which presents the approach (Process and List of Additional Work) to f
achieve closure ofitems related to the GE SBWR Test and Analysis Program (TAPD). The Subject Test Plan and Procedures (TP&Ps) enclosure to this letter is submitted in partial satisfaction ofitems 28,34, and 35 of Attachment 2 to MFN 018-95.
GE has submitted Reference 2 to the NRC which lists SBWR Test Documentation Submittals and relates them to the item No. in Attachment 2 to Reference 1. The Subject enclosure to this letter satisfies items 26 and 28 of the Attachment to MFN 072-95.
The TP&Ps describe the test plans specified for the Passive Containment Cooling System (PCCS) heat removal programs using the GIRAFFE facility. The series of tests are related to the long-term post-accident decay heat removal from the containment of the Simplified Boiling Water Reactor (SBWR).
Please note that this report contains information of the type which the General Electric Company (GE) and its associates maintain in confidence and withhold from public disclosure. They have been handled and classified as proprietary to GE and its associates as indicated in the attached affidavit. We hereby request that this information be withheld from public disclosure in accordance with the provisions of 10CFR2.790.
Should you have any questions concerning the Subject TP&Ps please contact John Torbeck of our staff on 408-925-6101, or Maryann flerzog on 408-925-1921.
Sincerely,
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Enclosure:
GIRAFFE HEAT REMOVAL PERFORMANCE TESTS TP&Ps (including instrumentation and drawing package),
Report TOGEl10-TO7, January 1995.
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(I paper copy w/cncl. and E-Mail w/o encl. except as noted below)
P. A. Boehnert (NRC/ACRS)
(2 encl.)
I. Catton (ACRS)
S. Q. Ninh (NRC)
(2 encl)
J.11. Wilson (NRC) i t
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General Electric Company AFFIDAVIT I, George B. Stramback, being duly sworn, depose and state as follows:
(1) I am Project Manager, Licensing Services, General Electric Company ("GE") 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) GE is an owner of the information sought to be withheld. The information sought to be withheld is contained in the proprietary report TOGEl10-T07, GIRAFFE HEAT REMOVAL PERFORMANCE TESTS - TEST PLAN AND PROCEDURES, (Toshiba Proprietary Information), January 1995. The report was developed and marked in accordance with the preparer's document identification standards. In accordance with the document markings the complete report should be treated as proprietary material.
(3) In making this application for withholding of proprietary information, GE claims to have an unrestricted right to dissemination of this information and has a royalty-free license to any patent relating to this information, as defined in the contract with its associates. GE relies upon the exemption from disclosure set forth in the Freedom ofInfomiation Act ("FOlA"),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 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 exemption from disclosure is here sought is all " confidential commercial information", and some portions also qualify under the narrower definition of " trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission. 975F2d871 (DC Cir.1992), and Public Citizen 11ealth Research Groun
- v. FDA,704F2d1280 (DC Cir.1983).
(4) Some examples of categories of information which fit into the definition of proprietary infbrmation are:
Infonnation that discloses a process, method, or apparatus, including supporting a.
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; Afndavit Page 1 l
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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; c.
Information which reveals cost or price information, 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; e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The infonnation sought to be withheld is considered to be proprietary for the reasons set forth in both paragraphs (4)a., (4)b. and (4)d., above.
(5) The information sought to be withheld is being submitted to NRC in confidence.
The information is of a sort customarily held in confidence by GE and its associates, and is in fact so held. The infonnation sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GE and its associates, 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 infonnation in confidence.
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 component to whom the work was provided, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within GE is limited on a "need to know" basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent 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 and its associates are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the infbmiation, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
AfTidavit Page 2
a (8) The information identined in paragraph (2), above, is classined as proprietary because it contains details of the Simplined Boiling Water Reactor (SBWR) tests and supporting data and analyses. GE is under contract to the Department of Energy (DOE) for development of the SBWR. This SBWR test program has been under development by GE and it associates for more than seven years at a total program l
I cost of tens of millions of dollars. A substantial effe t has been expended by General Electric and its associates to develop this information in support of DOE and the SBWR program.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GE's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GE's comprehensive l
BWR technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive l
physical database and analytical methodology and includes development of the l
expertise to determine and apply the appropriate evaluation process.
l The research, development, engineering, and analytical costs comprise a substantial investment of time and money by GE and its associates.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difHcult 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 and its associates experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GE and its associates 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 provide competitors with a windfall, and deprive GE and its associates of the opponunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
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STATE OF CALIFORNIA
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COUNTY OF SANTA CLARA
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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 knowledge, information, and belief.
i Executed at San Jose, California, this / 3 day of (b/
1995.
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hws,o3S$i;A Georf6 B. StrinIback General Electric Company l
Subscribed and sworn before me this )nsD dayof Od_
1995.
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l PAULA F. Hyssty f
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$$99e Ncitary Public, State of Californif Mr m.
Affidavit Page 4
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