ML17059A603

Forwards Nmpns,Unit 1 Reactor Core Shroud Repair Design Summary & Core Shroud Design Supporting Documentation Prepared by Ge,Per GL 94-03, IGSCC of Core Shrouds in Bwrs. GE Documentation Withheld Per 10CFR2.790

ML17059A603
Person / Time
Site:	Nine Mile Point
Issue date:	01/06/1995
From:	Terry C NIAGARA MOHAWK POWER CORP.
To:	NRC OFFICE OF INFORMATION RESOURCES MANAGEMENT (IRM)
Shared Package
ML17059A604	List: ML17059A603
References
GL-94-03, GL-94-3, NMP1L-0890, NMP1L-890, NUDOCS 9501190198
Download: ML17059A603 (50)

Text

PRI(3RI EY CCELERATED RIDS PROCESSING) 1 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)

ACCESSION NBR:9501190198 DOC.DATE 95/01/06 NOTARIZED: YES DOCKET FACIL:50-220 Nine Mile Point Nuclear Station, Unit 1, agara Powe ~ 05000220 AUTH. NAME AUTHOR AFFILIATION TERRY,C.D. Niagara Mohawk Power Corp. P RECIP.NAME RECIPIENT AFFILIATION Document Control Branch (Document Control Desk)

R

SUBJECT:

Forwards NMPNS,Unit 1 reactor core shroud repair design summary & core shroud design supporting documentation prepared by GE,per GL 94-03, "IGSCC of Core Shrouds in BWRs." GE documentation withheld per 10CFR2.790.

DISTRIBUTION CODE: AOISD TITLE: GL 94-03 NOTES:

COPIES RECEIVED: LTR Intergranular Stress Corrosion Cracking of l ENCL l SIZE cB ~ ~

Core Shrouds xn B R

RECIPIENT COPIES RECIPIENT COPIES I ID CODE/NAME LTTR ENCL ID CODE/NAME LTTR ENCL PM/BRINKMAN,D. 1 1 INTERNA <<FI E CENTER~01 1 1 NRR/DE/EMCB 1 1 NRR/DE/EMEB 1 1 NRR/DOPS/OECB 1 1 NRR/DSSA/SRXB 1 1 EXTERNAL: NRC PDR 1 1 D

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N NOTE TO ALL"RIDS" RECIPIENTS:

PLEASE HELP US TO REDUCE iVASTE! CONTACT THE DOCUWIENT CONTROL DESK, ROOM PI -37 (EXT. 504-2083 ) TO ELIlXIINATEYOUR NAME F ROTI DISTRIBUTION LISTS FOR DOCL.'ME. J'fS YOU DON"I'JLTEDl TOTAL NUMBER OF COPIES REQUIRED: LTTR 7 ENCL 7

1 i

I V HIIAISAIRA U MONAIHK t

NINE MILE POINT NUCLEAR STATION/P.O, BOX 63, LYCOMING, NEW YORK 13093/TELEPHONE (315) 343-2110 January 6, 1995 NMP1L 0890 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 20555 RE: Nine Mile Point Unit 1 Docket No. 50-220 DPR-

Subject:

Generic Letter 94-03, "Intergranular Stress Corrosion Cracking of Core Shrouds in Boiling Water Reactors" P'AC No. M90I02)

Gentlemen:

By letter dated November 18, 1994, Niagara Mohawk submitted the Nine Mile Point Unit 1 Core Shroud Inspection and Repair Plans to the Commission. This information was submitted to meet reporting requirements delineated in Generic Letter 94-03, "Intergranular Stress Corrosion Cracking of Core Shrouds In Boiling Water Reactors." In our letter, Niagara Mohawk provided a description of the general core shroud repair, the repair tie-rod assemblies and the H8 weld support bracket. Niagara Mohawk also indicated that the design details of the Nine Mile Point Unit 1 core shroud repair would be submitted to the Commission by January 6, 1995. The purpose of this letter and its Enclosures is to provide to you the subject design details.

The Nine Mile Point Unit 1 design repair of the core shroud would be performed as an alternative to ASME Section XI as permitted by 10CFR50.55a(a)(3). Consequently, Commission approval of this repair approach is required prior to implementation. As indicated in Enclosure 1 to this letter, Niagara Mohawk is currently evaluating options for repair and/or examination. To support potential implementation during Refueling Outage 13, approval is requested by February 11, 1995.

Enclosure 1 to this letter provides a summary of the Nine Mile Point Unit 1 core shroud design repair details. The Commission issued a Safety Evaluation Report for the Edwin I.

Hatch Nuclear Plant core shroud stabilizer design on September 30, 1994. The format and the information provided in Enclosure 1 is consistent with this Safety Evaluation Report.

Enclosure 2 and Enclosure 3 provide a list of the core shroud design supporting documentation and design drawings, respectively. The Nine Mile Point Unit 1 Shroud Repair Hardware Stress Analysis, GE-NE-B13-01739-04, which is included as part of Enclosure 2, is preliminary in that design inputs are being finalized. Niagara Mohawk will provide the Commission a final version by January 21, i995.

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PDR ADOCK 05000220 P, PDR

Page 2 Certain supporting documentation is considered by its preparer, General Electric, to contain proprietary information exempt from disclosure pursuant to 10CFR2.790. Therefore, on behalf of General Electric, Niagara Mohawk hereby makes application to withhold these documents from public disclosure in accordance with 10CFR2.790(b)(1). An affidavit executed by General Electric detailing the reasons for the request to withhold the proprietary information has been included. Niagara Mohawk will provide the Commission non-proprietary versions of the subject documents as appropriate by January 31, 1995.

Very truly yours, C. D. Terry Vice President - Nuclear Engineering CDT/RC/JMT/lmc Enclosures XC: Regional Administrator, Region I Mr. L. B. Marsh, Director, Project Directorate I-l, NRR Mr. D. S. Brinkman, Senior Project Manager, NRR Mr. B. S. Norris, Senior Resident Inspector Records Management

UNITED STATES NUCLEAR REGULATORY COMMISSION In the Matter of Niagara Mohawk Power Corporation Docket No. 50-220 Nine Mile Point Unit 1 C. D. Terry, being duly sworn, states that he is Vice President - Nuclear Engineering of Niagara Mohawk Power Corporation; that he is authorized on the part of said Corporation to sign and file with the Nuclear Regulatory Commission the document attached hereto; and that the document is true and correct to the best of his knowledge, information and belief.

C. D. Te Vice President - Nuclear Engineering Subscribed and sworn before me, in and for the State of New York and the County of this 6th day of January, 1995 NOTARY P LIC BEVERLY W. RIPKA Notary Public Stateol New York Qual. in Oswego Ca No. 464487 My Commission Exp.

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~ ZAN 86 'BS 82:53PM GE ENERGY P. &'21

~e Geoeral Electric Comyany I, David X Robarp being duly sworn, depose and state as follows:

(1) I am Manager, ALMRProject Management, 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) The information sought to be withheld is contained in thc GE proprietary report GENE-B13-01739-03, Seismic Design Report of the Shroud Repair for 2RPl Power Plant, Revision 0, Class III (GE Company Proprietary Information), dated December, 1994. The proprietary information is delineated by bars marked in the margin adjacent to the specifi material.

(3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption fiom disclosure set forth in the Freedom of Information Act ("POIA"), 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 ~hich exemption &om disclosure is here sought is all "confidential commercial information",

and some portions also qual@ under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of POIA Exemption 4 in, respectively, Critical e oe v e Co i sion 975P2d871 (DC Cir. 1992), and blic Citizen Health es arch v FO 704P2d1280 (DC Cir. 1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by General Electric's competitors without license 6'om General Electric constitutes a competitive economic advantage over other companies;

b. Information which, ifused 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; AfHdavitPage 1

0

~ SAN 86 '95 82:54PN GE EAR ENERGY P.7W1

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 fiiture 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 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 bciiig submitted to NRC in confidence. The information is of a sort customarily held in confidence by GE, and is in Qct so held, The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence 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 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) foHowing.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to bc acquainted with thc 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 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 regulatoiy provisions or proprietary agre'ements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which GS has developed,'btained NRC approval og and applied to perform seismic evaluations for the core shroud repair ofthe BW9.

The development and approval of the BWR Shroud Repair Program was achieved at A%davit Page 2 ~

0 JAN 86 '95 82:54PN GE "LEAR ENERGY P. BM1 a signi6cant cost, on the order of one million dollars, to GB.

The development of the evaluation process along with the interpretation and application of the analytical results is derived flom the extensive experience database that constitutes a major GB asset, (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position and foreclose or reduce the availability of proflt-maMng opportunities. The information is part of GEs comprehensive 3%R safety and technology base, and its commercial value extends beyond the oriSinal development cost. The value of the technology'ase goes beyond the extensive physical database and analytical methodology and includes development of the expertise to deterndne and apply the appropriate evaluation process. In addition, the technology base includes the value derived flom providing analyses done with HRC-approved methods.

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

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

GEs competitive advantage willbe lost ifits competitors are able to use the results of the GE experience to normalize or veri'heir own process or ifthey 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 would be lost ifthe information were disclosed to the public. Making such infoanation available to competitors without their having been required to undertake a similar expenditure of resources would underly provide competitors with a windfall, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

AQidavit Page 3 ~

0 JAN 86 '95 82:S4PH GE ENERGY P. 9i21 STATE OF CALIFORNIA )

) ss:

COUNTY OF SANTA CLARA )

David 3; Robare, being duly sworn, deposes and says:

That he has read the foregoing afBdavit and the matters stated therein are true and correct to the best of his knowledge, information, and beHef Executed at San Xose, California, this 4 @ day of Y4N9A 1995, David 3; Robare General Electric Company Subscribed sod swum before mo rbis ds dsy od 1995.

Notary Pub c, State of California cosa caMtrL g 9sgss4 ab

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AfldavitPago 4

JRN 86 '95 82:55PM GE .LEAR ENERGY P. 18M1 General Electric Company I, David S. Robare, being duly sworn, depose and state as follows:

(1) I am Manager, ALM<Project Management, General Electric Company ("Gs") and have been delegated the fbnction 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 GE proprietary report GENH-B13-01739-04, SMPl Shroud2hprdr Zardwara Stress Analyds, Revision B, Class III (GE Company Proprietary Information), dated December, 1994. The proprietary information. is delineated by bars marked in the margin adjacent to the specific material.

(3) In making this appHcation for withholding of proprietary information of which it is the owner, GE relies upon the exemption Rom disclosure set forth in the Freedom of Information Act ('TOIA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 VSC 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 POIA Exemption 4 in,

'ect '

respectively, Critical 975P2d871 (DC Cir. 1992), and 704P2d1280 (DC Cir. 1983).

e

'tiz ucea eal e lato e ear Co i (4) Some examples of categories of information which fit into the definition of proprietary information are:

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

b. Information which, ifused 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; Atda>t Page 1

JAN 86 '95 82:SSPH GE '.LEAR ENERGY P. 11M1 budget levels, or commercial strategies of General Electric, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or fbture 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 information sought to be withheld is considered to be proprietly for the reasons set forth in both paragraphs (4)a. and (4)b., above.

(5) The information sought to be witlheld is being submitted to NRC in confidence. 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 confidcncc by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any

'equired transmittals to NRC, have been made, or must bc made, pursuant to regulatory provisions or proprietary agreements which provide for maintcnancc of the information 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 originating"component, 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 are 1jtmitcd 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 proprietary agreements.

(8) The information idcnti6cd in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, wMch GS has developed, obtained NRC approval of, and applied to perform evaluations of the core shroud repair for the BWR.

AEdavit Page 2

0 ZAN 86 '95 82:55PM GE 'NERGY P. 1~1 The development arrd approval of the BWR Shroud Repair Program was achieved at a significant cost, on the order of one million dollars, to GB.

The development of the evaluation process along with the interpretation and application of the analytical results is derived fiom the extensive experience database that constitutes a major GB asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GB's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GB s comprehensive BWR safety and technology baset, and its commercial value extends beyond the 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 dcterrNno and apply the appropriate evaluation process. In addition, the technology base includes the value derived &om providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and NKC review costs comprise a substantial investment oftime and money by GB.

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

J if GB's competitive advantage willbe lost its competitors are able to use the results of if the GB experience to normalize or verify their own process or they are able to claim an equivalentMderstanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GB would be lost ifthe information were disclosed to the public. Makirfg such information available to competitors without their having been required to undertake a similar expenditure of resources mould unfairly provide competitors with a",-windfall, and deprive GB of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing-these very valuable analytical tools.

1~

ASidavit Page 3

0 JAN 86 '95 82i55PN GE '.LEAR ENERGY P. 13iP1 STATE OF CALIFORNIA )

) ss.

COUNTY OF SANTA CLARA )

David J. Robare, being duly sworn, deposes and says:

That he has read the foregoing a6idavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.

Exeeoted at Sett yose, Caltfostda, this te day of 3WV 1995.

David X. Robare Gcncral Electric Company Subscribed and sworn before me this 4'ay of 1995.

pygmy Notary Pub c, State of California

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AFidavit Page 4

ZAN 86 '95 82:56PN GE EAR ENERGY P. 14M1 ~

General Electric Company I, David X Robare, being duly sworn, depose and state as follows:

(1) I am Manager, ALMRProject Management, General Electric Company ("GE") and have been delegated the function ofreviewing 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 GB proprieta~ report GENT-913-01739-05, Safety Evaluation for Installatton ofStabt1izers on the EMPI Core Shroud, Revision C, Class III (GB Company Proprietary Information), dated January, 1995. The proprietary information is delineated by bars marked in the margin adjacent to the specific materiaL (3) In making this application for withholding of proprietary information of which it is the owner, GE relies upon the exemption Rom 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 2.790(d)(1) for "trade secrets and commercial or financial information obtained Rom a person and privileged or confidential" (Exemption 4), The material for which exemption Rom disclosure is here sought is all "confidential commercial information",

and some portions also quanfy under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of POIA Exemption 4 in, respectively, ner Pr 'ect v Nuclear Re lat C mmission 975F2d871 (DC Cir. 1992), and b ic itizen 1 R rch v PD 704F2d1280 (DC Cir. 1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

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

b. Information whii8,'f used by a competitor, woold reduce his expenditure of resources or improve his conlpetitive position in the design, manufacture, shipment,'installation, assurance of quality, or licensing of a similar product; Af6davit Page I

ZRN 86 '95 82:56PH GE 'AR ENERGY P. 15M1

c. Inforination 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 E)cctric 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 information sought to be withheld is considered to be propriety for the reasons set forth in both paragraphs (4)a. and (4)b., above.

t (5) The information sought to be withheld is being submitted to NRC in co dence. The information is of a sort customarily held in con6dcnce by GB, 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 confidence 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 MRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance oF the information in conGdence. Its initial designation as proprietary'nformation, 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 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 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 proprietary agrccmcnts.

(3) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which GE has developed, obtained NRC approval of, and applied to perform evaluations of the core shroud repair for the 3%R.

The development and approval of the BWR Shroud Repair Program was achieved at A6idavit Page 2

0 ZAN 86 '9S 82:56'E LERR EHERGY P. 16M1 a significant cost, on the order of one million dollars, to 6$ .

The development of the evaluation process along with the interpretation and application of the analytical results is derived Rom the extensive experience database that constitutes a major GE asset, (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GEs comprehensive BWR safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology aud includes development of the expertise to determine and apply the appropriate evaluation process, In addition, the technology base includes the value derived Rom providing analyses done with NRC-approved methods.

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

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

GEs competitive advantage willbe 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 claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GS would be lost ifthe 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 of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

AKdavitPage 3

0 JAN 86 '95 BZ:57'E EAR ENERGY Pe 17iZ1 e

STATS OP CALIFORNIA. )

) ss:

COUNTY OP SANTA CLARA )

David 2 Robarc, being duly sworn, deposes and says:

That he has read the foregoing a%davit and the matters stated therein are true and correct to the best of his knowledge, information, and belief, Executed at San Jose, California, this @ day of O'ANVAA~ 1995.

David J. Robare General Electric Company Subscribed andswornbeforenrerbis dr dayof 1995.

Notary Public, State of California I a'< oohfM, g y~~

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SAN 86 '95 82:57PH GE R ENERGY P. 18M1 General Electric Company I, David J'. Robare, being duly sworn, depose and state as follows:

(1) I am Manager, AUMRProject Management, General Electric Company ("GB") and have been delegated the fbnction 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 GB proprietary report GENE-771-44-0894, Jus@lcation of Allmvable Dlsplacements of the Core Plate and Top Guide - Shroud Repair, Revision 2, Class XQ (GB Company Proprietsjy Information), dated August, 1994, The proprietary information is delineated by bars marked in the margin adjacent to the specific material.

(3) In making this application for withholding of proprietaty information of which it is the owner, GE relies upon the exemption &om disclosure set forth in the Freedom of Information Act ("POXA"), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CPR 9.17(a)(4), 2.790(a)(4), and 2.790(d)(l) for "trade secrets and commercial or financial information obtained &om a person and privileged or confidentia" (Exemption 4). The material for which exemption Rom 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 tems for purposes of POIA Exemption 4 in, respectively, n r Pr v N clear Re lat mmission 975F2d871 (DC Cir. 1992), and 'c 'zen e l Re h v FD 704F2d1280 (DC Cir. 1983).

(4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, 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 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; ASidavit Page 1

JAN 86 '95 82:57'E LEAR ENERGY

o. Information which reveals cost or prioe information, produotion capacities, budget levels, or commercial strategies of General Electric, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or fbture General BIeotrio 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 information sought to be withheld is considered to be proprietiuy 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 confidence. 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 confidenoe by GE, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties inoludmg 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 confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as sct forth in paragraphs (6) and (7) following.

(6) Initial approval ofproprietary 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 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 effec, and determination of thc accuracy of the proprietary designation. Disclosures outside GB 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 proprietary agreements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed results of analytical models, methods and processes, including computer codes, which GB has developed, obtained NRC approval of, and applied to perform deflection evaluations for tbc core plate and top guide of the BWR.

The development and approval of the BWR Shroud Repair Program was achieved at I

A6idarit Page 2

JAN 86 '95 82:57'E EAR ENERGY P. 28M1 I

I a significant cost, on the order of one million dollars, to GE, The development of the evaluation process along with the interpretation and application of the analytical results is derived from the extensive experience database that constitutes a major GB asset.

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEs competitive position and foreclose or reduce the availability of prost-making opportunities. The information is part of GBs comprehensive BWR safety and technology base, and its commercial value extends beyond the 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 Rom providing analyses done with NRC-approved methods.

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

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

GEs competitive advantage willbe lost ifits competitors are able to use the results of the GS experience to normalize or verify their own process or ifthey are able to claim an equivalent understanding by demonstrating that they can arrive at the same or shear conclusions.

The value of this information to GB would be lost ifthe 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 unGurly provide competitors with a windfall, and deprive GB of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

A6idavit Page 3

JAN 86 '95 82:58PN GE EAR ENERGY P. 21M'

, ~

) ss:

COUNTY OF SAWZA CLARA )

David J. Robare, being duly sworn, deposes and says:

That he has read the foregoing aKdavit and the mLLtters stated therein are true and correct to the best of his knowledge, information, and belief.

't ti > ii ii Executed at Sanyose, California, this te day of 1995.

David J, Robare General Electric Company Snbsorihed and avornheyore rnethis dt day of 1995.

\

"d'>>Y a. LLEW~,L.

Notary Public, State of California

'~gn2b, mr

~ .. &

MARYL LLEMQAU.

CQMM. SOS7Sb4 Notarv PubLtc CoItfomLo SAlwA cLARA coLJpgy Comm. EN&os MAR2b, >991 ANdavlt Pago 4

0'.

JAN 86 '9S 82:S2PH GE ENERGY P. ~1 General Elecfrk Comyly hFFMAVIT I, David X Robare, being duly sworn, depose and state as foHows.'1)

I am Manager, ALMRProject Management, General Electric Company ("GE") and have been delegated the unction 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 GE proprietary Drawing No. 10785679, ModfjlcafIon and Installation Drawtngs Revision 0, Class III (GE Company Proprietary Information), dated December, 1994. The proprietary information is delineated by bars marked in the margin adjacent to the speci6c material.

(3) In maIang this application for withholding of proprietary information of which it is the owner, GE relies upon thc exemption Gom 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 2.790(d)(l) for "trade secrets and commercial or Bnancial information obtained Rom a person and privileged or con6dential" (Exemption 4). The material for which exemption Rom disclosure is here sought is all "con6dential commercial information",

and some portions also quahfy under the narrower de6nition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, C ica Ener Pr ect v. ¹ciear Re lato ommissio 975F2d871 (DC Cir. 1992), and u lic Citizen H lth R ar h v FD (DC Cir. 1983). '04F2d1280 (4) Some examples of categories of information which St into the de6nition of proprietary information are:

I

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention ofits usc by General Electri's competitors without Hccnse from General Electric constitutes a competitive economib 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; Af6davit Page 1

SAN 86 '95 82:53PN GE R ENERGY P. W21

c. Info+nation 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-fiinded 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 information sought to be withheld is considered to be proprietaty 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 coqfidence. The II information is of a sort customarily held in'confidence by GB, 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 confidence 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 conMence. Its initial designation'as proprietaiy inS'rmation, and the subsequent steps taken to prevent its unauthorized disclosure, are is set forth in paragraphs (6) and (7) following.

(6) Initial approval ofproprietar treatment of a document is made by the manager ofthe originating component, 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 GB 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 GB 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 proprietary agreements.

(8) The information identified in paragraph (2), above, is classified as proprietary because it contains detailed design infoonation which GE has developed, obtained NRC approva1 of, and applied to the core shroud repair for the BWR.

I The development and approval of the B%R Shroud Repair Program was achieved at a significant cost, on the order of one million dollars, to GB.

I Af5davit Page 2

0 JAN 86 '95 82:53PN GE EAR ENERGY P. 4M1 The development of the evaluation process along with the interpretation and application of the analytical results is derived Rom the extensive experience database that constitutes a major GE asset.

(9) Public disclosure of tho 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 GEs comprehensive BWR safety and technology base, and its commercial value extends beyond the 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 Rom providing analyses done with NRC-approved methods.

The research, development, engineering, analytical and KRC review costs comprise a substantial investment oftime and money by GE.

Tho precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difBcult to quantify, but it clearly is substantlaL if GE's competitive advantage willbe lost its competitors are able to use the results of if the GE experience to normalize or verify their own process or 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 would be lost ifthe information were disclosed to the public. Making such information avaihble to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a wlndM1, and deprive GE of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

AEdavit Pago 3 I

0 JAN 86 'BS 82:53PH GE LEAR ENERGY P. Si21 STATE OF CALIFORNIA )

) ss:

COUN OF SANTA CLARA )

David J. Robare, being duly sworn, deposes and says:

That he has read the foregoing afBdavit and the matters stated therein are true and correct to the best ofhis knowledge, information, and beHef.

Executed at San Jose, California, this Co day of >WV4 1995.

David J. Robare General Electric Company Snhaenhed and astern hsfsre ms this tn day sf 199S.

MlOYL KENDAll I '..- ~ COMM. 6 9s7s64 Nota'oMo- CoNomta SANTA CORA COUNlAD MVComm. ~~os Ne 2', )991 NOtary lic, State of California Af6davit Pago 4

Clamp/Spacer (112D 6618)

The 316L stainless steel spacers are located in the annulus between the top of the core support and the shroud. The spacers provide a direct load path from the core support to the shroud in the event the clamping load is-not sufficient to carry the horizontal loads.

Spacers are in four locations corresponding to the lower spring locations. The possible 63,800 lb horizontal loads on the lower spring during a seismic event is the bounding load.

The spacer is loaded in bearing and has a minimum bearing area of 5.89 in .

Bearing Stress = P/A =63,800 lb / 5.89 in = 10,830 ibfin Allowable Stress = 1.5Sy = 1.5 x 19,350 psi = 29,025 lb/in