LR-N16-0204, Affidavit for Core Operating Limits Report, Reload 20, Cycle 21, Revision 13

From kanterella
Jump to navigation Jump to search
Affidavit for Core Operating Limits Report, Reload 20, Cycle 21, Revision 13
ML16316A125
Person / Time
Site: Hope Creek PSEG icon.png
Issue date: 10/28/2016
From: Trosman L
Global Nuclear Fuel - Americas, Public Service Enterprise Group
To:
Office of Nuclear Reactor Regulation
Shared Package
ML16316A122 List:
References
LR-N16-0204
Download: ML16316A125 (4)
v • d • e


Text

Document Control Desk LR-N16-0204 (3 pages)

Attachment 3 Affidavit for Core Operating Limits Report for Hope Creek Generating Station Unit 1

Global Nuclear Fuel- Americas AFFIDAVIT I, Lukas Trosman, state as follows:

(1) I am Engineering Manager, Reactor Physics Technology, Global Nuclear Fuel- Americas, LLC ("GNF-A"), 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 Appendix B of the Core Operating Limits Report for Hope Creek Generating Station Unit 1, titled "Exposure-Dependent Linear Heat Generation Rate Limits." GNF-A proprietary information in Appendix B of the Core Operating Limits Report for Hope Creek Generating Station Unit 1 is identified by a dotted underline inside double square brackets. ((J]Jj.~--~~llt(f.ll~.~--l~..?JJ-..~.~?mPJ.~/~!JJ In all cases, the superscript notation {31 refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.

(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A relies upon the exemption from disclosure set forth in the Freedom ofinformation 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), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought also qualify tmder 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 Health Research Group v. FDA, 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 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 and programs, resulting in potential products to GNF-A;
d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

Appendix B, Core Operating Limits Report, Hope Creek Generating Station Unit 1 Page 1 of 3

The information sought to be withheld is considered to be proprietary for the reasons 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 tmauthorized 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, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GNF-A 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) is classified as proprietary because it contains details ofGNF-A's fuel design and licensing methodology.

The development of the methods used in these analyses, along with the testing, development and approval of the supporting methodology was achieved at a significant cost to GNF-A or hs licensor.

(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.

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

Appendix B, Core Operating Limits Report, Hope Creek Generating Station Unit 1 Page 2 of 3

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 demonstrating 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 28th day of October 2016.

Engineering Manager, Reactor Physics Technology Global Nuclear Fuel - Americas, LLC 3901 Castle Hayne Road Wilmington, NC 28401 Lukas.Trosman@ge.com Appendix B, Core Operating Limits Report, Hope Creek Generating Station Unit 1 Page 3 of 3

Retrieved from "https://kanterella.com/w/index.php?title=LR-N16-0204,_Affidavit_for_Core_Operating_Limits_Report,_Reload_20,_Cycle_21,_Revision_13&oldid=2626663"