GO2-15-035, Global Nuclear Fuel - Americas Affidavit for Withholding Information
| ML15096A360 | |
| Person / Time | |
|---|---|
| Site: | Columbia  |
| Issue date: | 10/21/2014 |
| From: | Harrison J GE-Hitachi Nuclear Energy Americas |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML15092A399 | List: |
| References | |
| GO2-15-035 | |
| Download: ML15096A360 (3) | |
Text
Global Nuclear Fuel- Amnr AFFIDAVIT I, James F. Harriasm state as follows:
(1) 1 am Vice President, Fuel Licensing, Regulatoy Affairs, GE-Hitachl Nuclear Energy Amer*cas, LLC (GEH), and have been delegated he, function of reviewing the information described -in paragraph (2) which is sought-to be withheld, and have been authorized to apply ftr its withho*di ...
(2) The information sought to be withhld, is contained in Enclosure I of GNF'sý letter, VSP-ENW-KKI-14-M3, Vickle Peny (GNF-A) to Miguel Armenta (Energy Northwest),
entitled -Revised GNF Additional Information for SLMCPR Technical Specification Submittal Letter for Columbia Cycle 23," dated October 21, 2014. GNF-A proprietary Information in Enclosure 1, which Is entitled "GNF Additional Infonmaton Regarding the Requested Changes to the Technical Specification SLMCPR, Columbia Cycle 23," Is identified by a dotted underline inside double square brackets. ((T -.*.*..
...W...1]. Figures and some tables containing GNF-A proprietary information are identified with double square brackets before and after the object. In each case, the superscript notation t-" refers to Paragraph (3)of this affidavit, which provides the basis for the proprietay determination.
(3) In making this application for withholding of poprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the FreedomofhfomWatodAct("FOIA), 5 USC Sec. 552(b)(4), and the Trade *c rAct,18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4)for trade secrets (Exemption 4). The material for which exemption from disclosure Is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes' of FOIA Exemption 4 in, respectively, Critical Mass Energ_
Prelect v. Nuclear Reglatory C l~on. 975 F.2d 871 (DC Cir. 1992)',and Pubic Citizen Health Reearcwl Group- v. FDA 704 F.2d'1280 (DC Citr.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 GNF-A's competitors without license from GNF-A 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;,
- c. Information which reveals aspects of past, present or future GNF-A customer-funded development plans pd programs, resulting inpotential products to GNF-A;
- d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
VSP-ENW-KKI-14-093 Enclosure I Affidavit Par I of 3
The information sought to be withheld is considered to be proprietary for the reaions set forth in paragraphs (4)a. and (4)b. above.
(5) To address 10 CFR 2.390 (b) (4), the information sought to be withheld Is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, 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 GNF-A, 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)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, or subject to the terms under which it was licensed to GNF-A.
(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, fur technical content, competitive effect, and determination of the accuracy of the proprietary designation. Dilosures ou,
- WGNF-4 are limited to regulatory bodies, customers, and potential cftfle enl. *ppliers, md icensees, and others with a legitimate need for the inbrmation, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(8) The information Identified in paragraph (2) is classified as proprietary because it contains details of GNF-A's fuel design and licensing methodology. The development of this methodology, along with the testing, development and approval was achieved at a significant cost to GNF-A.
The development of the fuel desigand licensing methodology along with the interpretation and application of the analytical results is derived from an extensive experience database that constitutes a major GNF-A asset.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of GNF-A's 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 from providing analyses done with NRC-approved methods.
VSP-ENW-KKI-14-093 Enclosure 1 Affidavit Page 2 of 3
I-ý i 1: 41 *i;* - .
1the rescb, development, engineering, analytical, -W iCww tscoitspfi*k~ a sftatItihe ent of time and money by GNF-A.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but It clearly is substantial.
GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by deontrating that they can arrive at the same or similar conclusions.
The value of this information to GNF-A 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 GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 21st day of October 2014.
James F. Harrison Vice President, Fuel Licensing Regulatory Affairs GE-Hitachi Nuclear Enerzy Americas, LLC 3901 CastL6 Hayne Road Wilmington, NC 28401 James.Harrison@ge.com VSP-ENW-KK1-14-093 Enclosure I Affidavit Pap 3 of 3