M210091, GEH Response to NRC Request for Additional Information (RAI) About the Vallecitos Boiling Water Reactor (Vbwr) Structural Integrity
| ML21209B010 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center |
| Issue date: | 07/28/2021 |
| From: | Feyrer M GE Hitachi Nuclear Energy |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML21209B009 | List: |
| References | |
| M210091 | |
| Download: ML21209B010 (4) | |
Text
- HITACHI GE Hitachi Nuclear Energy Matt J. Feyrer Site Manager, Proprietary Information Notice Vallecitos Nuclear Center Attachments 2, 3, and 4 to this letter contain GE Hitachi Nuclear 6705 Vallecitos Rd Sunol, CA 94586 Energy proprietary information which is to be withheld from public USA disclosure in accordance with 10 CFR 2.390. Upon removal of these T 925 918 6018 attachments, the balance of this letter may be made public. Matt.feyrer@ge.com M210091 July 28, 2021 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555-001
Subject:
GEH Response to NRC Request for Additional Information (RAI) About the Vallecitos Boiling Water Reactor (VBWR) Structural Integrity
References:
- 1) NRC License DPR-1, Docket 05000018
- 2) Letter GEH Vallecitos Nuclear Center (VNC) Request for Alternate Decommissioning Schedules for DPR-1, DR-10, and TR-1 Licenses, 7/10/2015 (ML15195A088)
- 3) Letter, J.D. Parrot (NRC) to M.F. Feyrer, GE Hitachi Request for Alternate Decommissioning Schedule for VBWR at VNC - Request for Additional Information, (EPID L-2017-LLA-0052), 7/15/2020 (ML20174A115)
- 4) Letter, M.F. Feyrer GEH Request to Extend RAI Response Due Date to April 28, 2021, 8/14/2020 (ML20230A046)
- 5) MSTEAMS meeting between GEH and NRC presenting supplemental information regarding the status of VBWR sampling and analysis, 3/18/2021
- 6) Letter, M.F. Feyrer Supplemental Information for Request for Additional Information Response due April 28, 2021, 3/22/2021 (ML21081A294)
- 7) Letter, M.F. Feyrer GEH Request to Extend RAI Response Due Date to July 28, 2021, 4/19/2021 (ML21110A095)
Attached is the GE Hitachi Energy, LLC (GEH) response to the 7/15/2020 NRC Request for Additional Information (Ref 3) about the structural integrity of the VBWR in support of GEH's request for an alternate decommissioning schedule for the VBWR (Ref 2). GEH requested and was authorized extensions (Refs 4 & 7) until 7/28/2021 to respond to this request to allow time for comprehensive sampling and analysis as discussed in supplemental information provided to the NRC (Ref 5 & 6).
If you have any questions regarding this matter, please contact me at (925) 918-6018.
Matt Feyrer, Site Manager Vallecitos Nuclear Center
U.S. NRC July 28, 2021 M210091 Page 2 of 2 : GEH Affidavit : NRC Request for Additional Information RE: Seismic Evaluation of the Vallecitos Boiling Water Reactor Shutdown Facility GEH Responses Dated 7/28/21 : GEH (2021 ), Seismic Evaluation of the Vallecitos Boiling Water Reactor Shutdown Facility, General Electric Hitachi Nuclear Energy, GEH Report No.
006N7067, Rev. 0, July 2021 : Applied Materials and Engineering, Inc. (2021 ), "VBWR Facility Materials Testing", Project No. 1210074C, June 7, 2021 (updated July 22, 2021) cc: NRC Region IV Administrator S. Anderson, NRC RIV J.D. Parrott, NMSS/DUWP/RDB MJF 21-007
U.S. NRC July 28, 2021 M210091 Page 1 of 2 Attachment 1 AFFIDAVIT I, Matthew J. Feyrer, state as follows:
(1) I am the Operations Manager, of the Vallecitos Nuclear Center, GE Hitachi Nuclear Energy Americas, L.L.C.
(GEH) and have been delegated the function by GEH of reviewing the information described in paragraph (2) which is sought to be withheld in Attachment 2 to GEH' s letter, M210036, Matt Feyrer to USNRC entitled GEH Supplemental Information for Request for Additional Information (RAI) Response Due July 28, 2021, and have been authorized to apply for its withholding.
(2) GEH proprietary information is contained in Attachments 2 to this letter and is identified by the statement "GEH Proprietary Information - Non-public".
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH 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 9.17(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 Energy Project v. Nuclear Regulatory Commission, 975 F2d 871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F2d 1280 (DC Cir. 1983).
(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4 )a. and (4 )b. Some examples of categories of information that fit into the definition of proprietary information are:
- a. Information that discloses financial, a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over GEH and/or other companies.
- b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence by GEH 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 GEH, not been disclosed publicly, and not been made available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary and/or confidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in the following paragraphs (6) and (7).
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to GEH. Access to such documents within GEH is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a
U.S. NRC July 28, 2021 M210091 Page 2 of 2 legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary and/or confidentiality agreements.
(8) The information identified in paragraph (2) above is classified as proprietary because it contains details of GEH' s processes, design and manufacturing facilities.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GEH's comprehensive 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 GEH. 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. GEH's competitive advantage will be lost if its competitors are able to use the results of the GEH 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 GEH would be lost if the information were disclosed to the public. Making such information available to competitors without there having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive GEH 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 28 th day of July 2021.
Matthew J. Feyrer GE Hitachi Nuclear Energy Americas, L.L.C.