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Category:Legal-Affidavit
MONTHYEARLR-N21-0040, Response to Request for Additional Information SNSB-RAI 1 License Amendment Request to Revise Low Pressure Safety Limit to Address General Electric Part 21 Safety Communication2021-05-27027 May 2021 Response to Request for Additional Information SNSB-RAI 1 License Amendment Request to Revise Low Pressure Safety Limit to Address General Electric Part 21 Safety Communication LR-N21-0042, Core Operating Limits Report, Reload 23, Cycle 24, Revision 212021-05-24024 May 2021 Core Operating Limits Report, Reload 23, Cycle 24, Revision 21 LR-N21-0018, Response to Requests for Additional Information SNSB-RAI 2 and SNSB-RAI 3 License Amendment Request to Revise Low Pressure Safety Limit to Address General Electric Part 21 Safety Communication2021-04-29029 April 2021 Response to Requests for Additional Information SNSB-RAI 2 and SNSB-RAI 3 License Amendment Request to Revise Low Pressure Safety Limit to Address General Electric Part 21 Safety Communication LR-N20-0023, License Amendment Request: Revise Hope Creek Generating Station Low Pressure Safety Limit to Address General Electric Nuclear Energy Part-21 Safety Communication SC05-032020-09-24024 September 2020 License Amendment Request: Revise Hope Creek Generating Station Low Pressure Safety Limit to Address General Electric Nuclear Energy Part-21 Safety Communication SC05-03 LR-N19-0101, Submittal of Core Operating Limits Report, Reload 22, Cycle 23, Revision 172019-11-12012 November 2019 Submittal of Core Operating Limits Report, Reload 22, Cycle 23, Revision 17 LR-N19-0074, Core Operating Limits Report, Reload 21, Cycle 22, Revision 162019-09-0303 September 2019 Core Operating Limits Report, Reload 21, Cycle 22, Revision 16 LR-N19-0015, Core Operating Limits Report, Reload 21, Cycle 22, Revision 152019-03-0606 March 2019 Core Operating Limits Report, Reload 21, Cycle 22, Revision 15 LR-N18-0055, Attachment 3 to LR-N18-0055, Affidavit for Core Operating Limits Report for Unit 12018-05-0909 May 2018 Attachment 3 to LR-N18-0055, Affidavit for Core Operating Limits Report for Unit 1 LR-N17-0181, Response to Request for Additional Information Regarding License Amendment Request for Measurement Uncertainty Recapture Power Uprate2017-12-19019 December 2017 Response to Request for Additional Information Regarding License Amendment Request for Measurement Uncertainty Recapture Power Uprate LR-N17-0126, Response to Request for Additional Information (Rai), P-T Limit Report License Amendment Application2017-09-0505 September 2017 Response to Request for Additional Information (Rai), P-T Limit Report License Amendment Application ML17188A2622017-03-29029 March 2017 Enclosure 7 to LR-N17-0044 and LAR H17-03 - Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure ML17188A2682017-03-29029 March 2017 Enclosure 13 of LR-N17-0044 and LAR H17-03 - Affidavits from Cameron International Corporation Supporting the Withholding of Information in Enclosures 9 and 11 from Public Disclosure LR-N17-0044, Enclosure 13 of LR-N17-0044 and LAR H17-03 - Affidavits from Cameron International Corporation Supporting the Withholding of Information in Enclosures 9 and 11 from Public Disclosure2017-03-29029 March 2017 Enclosure 13 of LR-N17-0044 and LAR H17-03 - Affidavits from Cameron International Corporation Supporting the Withholding of Information in Enclosures 9 and 11 from Public Disclosure LR-N17-0044, Enclosure 7 to LR-N17-0044 and LAR H17-03 - Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure2017-03-29029 March 2017 Enclosure 7 to LR-N17-0044 and LAR H17-03 - Affidavits from GEH and the Electric Power Research Institute (EPRI) Supporting the Withholding of Information in Enclosure 6 from Public Disclosure LR-N16-0202, PSEG Nuclear LLC (PSEG) - Board Resolutions - Foreign Ownership, Control, or Influence2016-11-0303 November 2016 PSEG Nuclear LLC (PSEG) - Board Resolutions - Foreign Ownership, Control, or Influence LR-N22-0083, Enclosure 3 - Global Nuclear Fuel - Americas Affidavit of Lukas Trosman2016-10-28028 October 2016 Enclosure 3 - Global Nuclear Fuel - Americas Affidavit of Lukas Trosman LR-N16-0204, Affidavit for Core Operating Limits Report, Reload 20, Cycle 21, Revision 132016-10-28028 October 2016 Affidavit for Core Operating Limits Report, Reload 20, Cycle 21, Revision 13 LR-N16-0113, GEH Affidavits Supporting the Withholding of Information in Enclosure 6 from Public Disclosure2016-08-16016 August 2016 GEH Affidavits Supporting the Withholding of Information in Enclosure 6 from Public Disclosure LR-N15-0071, Core Operating Limits Report, Reload 18, Cycle 19, Revision 102015-03-20020 March 2015 Core Operating Limits Report, Reload 18, Cycle 19, Revision 10 ML14204A7092014-07-23023 July 2014 Enclosure 3, Affidavit of Peter M. Yandow LR-N14-0157, PSEG Nuclear (PSEG) Response to NRC Regulatory Issue Summary (RIS) 2014-07, Enhancements to the Vendor Inspection Program - Vendor Information Request, Dated May 5, 20142014-06-19019 June 2014 PSEG Nuclear (PSEG) Response to NRC Regulatory Issue Summary (RIS) 2014-07, Enhancements to the Vendor Inspection Program - Vendor Information Request, Dated May 5, 2014 LR-N12-0075, Core Operating Limits Report, Reload 16, Cycle 17, Revision 62012-02-28028 February 2012 Core Operating Limits Report, Reload 16, Cycle 17, Revision 6 ML1127000682011-09-26026 September 2011 Enclosure 3, Mfn 10-245 R4, Affidavit LR-N11-0087, 2011 Annual Report - Guarantees of Payment of Deferred Premiums2011-03-31031 March 2011 2011 Annual Report - Guarantees of Payment of Deferred Premiums ML0831008272008-10-31031 October 2008 Attachments 3 and 4 - Hope Creek Extended Power Uprate Power Ascension Test Report and Affidavit LR-N08-0224, Attachments 3 and 4 - Hope Creek Extended Power Uprate Power Ascension Test Report and Affidavit2008-10-31031 October 2008 Attachments 3 and 4 - Hope Creek Extended Power Uprate Power Ascension Test Report and Affidavit LR-N08-0029, Transmittal of Proprietary Report 07-17P, Revision 3, Stress Assessment of Hope Creek Unit 1 Steam Dryer Based on Revision 4 Loads Model.2008-01-30030 January 2008 Transmittal of Proprietary Report 07-17P, Revision 3, Stress Assessment of Hope Creek Unit 1 Steam Dryer Based on Revision 4 Loads Model. LR-N08-0028, Responses to Requests for Additional Information Request for License Amendment - Extended Power Uprate2008-01-25025 January 2008 Responses to Requests for Additional Information Request for License Amendment - Extended Power Uprate LR-N08-0014, Responses to Requests for Additional Information Request for License Amendment - Extended Power Uprate2008-01-18018 January 2008 Responses to Requests for Additional Information Request for License Amendment - Extended Power Uprate LR-N07-0215, Supplement to License Amendment Request for Extended Power Uprate2007-08-27027 August 2007 Supplement to License Amendment Request for Extended Power Uprate LR-N07-0102, Response to Request for Additional Information Request for License Amendment - Extended Power Uprate2007-05-10010 May 2007 Response to Request for Additional Information Request for License Amendment - Extended Power Uprate LR-N07-0099, Response to Request for Additional Information Request for License Amendment, Extended Power Uprate2007-04-30030 April 2007 Response to Request for Additional Information Request for License Amendment, Extended Power Uprate LR-N07-0060, Response to Request for Additional Information Request for License Amendment - Extended Power Uprate2007-03-30030 March 2007 Response to Request for Additional Information Request for License Amendment - Extended Power Uprate LR-N06-0192, Guaranteed Retrospective Premiums Following Nuclear Accident, Salem and Hope Creek2006-05-0101 May 2006 Guaranteed Retrospective Premiums Following Nuclear Accident, Salem and Hope Creek LR-N05-0448, Response to Request for Additional Information Re Request for Change to Technical Specifications Arts/Mellla Implementation2005-09-23023 September 2005 Response to Request for Additional Information Re Request for Change to Technical Specifications Arts/Mellla Implementation ML0520003282005-07-14014 July 2005 Surveillance Program for Channel-Control Blade Interference LR-N05-0247, Stations - Guaranteed Retrospective Premiums Following a Nuclear Accident2005-04-29029 April 2005 Stations - Guaranteed Retrospective Premiums Following a Nuclear Accident ML0419004262004-07-0101 July 2004 GE Nuclear Energy Request for Withholding - Hope Creek Fuel Vendor Change Response to NRC Request for Additional Information (Docket No. 50-354) LR-N03-0386, Transmittal of Information Relating to SVEA-96+ Modeling Dimensions in Support of the Nrc'S Review of GNF-A Proprietary Report, NEDC-33107P, GEXL80 Correlation for SVEA96+ Fuel, Dated September 20032003-09-0808 September 2003 Transmittal of Information Relating to SVEA-96+ Modeling Dimensions in Support of the Nrc'S Review of GNF-A Proprietary Report, NEDC-33107P, GEXL80 Correlation for SVEA96+ Fuel, Dated September 2003 2021-05-27
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LR-N22-0083 Enclosure 3 Global Nuclear Fuel - Americas Affidavit (3 Pages)
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. ((This. sentence_ is_ an _example. {3})) In all cases, the superscript notation Pr 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 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.l 7(a)(4), and 2.390(a)(4) for "trade secrets" (Exemption 4). The material for which exemption from disclosure is here sought 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 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)6. 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, 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 of GNF-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 its 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.
GNP-A's competitive advantage will be lost if its competitors are able to use the results of the GNP-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 GNP-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 GNP-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