ML101160205
Text
St. Lucie Unit 1 L-2010-078 Docket No. 50-335 St. Lucie Unit 1 EPU LAR Att. 6-1 Applications for Withholding Proprietary Information from Public Disclosure ATTACHMENT 6 LICENSE AMENDMENT REQUEST EXTENDED POWER UPRATE APPLICATIONS FOR WITHHOLDING PROPRIETARTY INFORMATION FROM PUBLIC DISCLOSURE Westinghouse Electric Company Cameron International Corporation AREVA NP Inc.
Holtec International FLORIDA POWER & LIGHT ST. LUCIE NUCLEAR PLANT UNIT 1 This coversheet plus 22 pages
Westinghouse U.S. Nuclear RegulatOlY Commission Document Control Desk Washington, DC 20555-0001 Westinghouse Electric Company Nuclear SeNices P.o. Box 355 Pittsburgh, Pennsylvania 15230-0355 USA Directtel:
(412) 374-4643 Direct fax:
(412) 374-3846 e-mail:
gresh~a@westinghouse.com CAW-10-2755 Febl'Uary 15,20 I0 APPLICAnON FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Information SuppOlting St Lucie Unit I Extended Power Uprate (EPU) (ProprietalY)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW-IO-2755 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets fOlth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 ofthe Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Florida Power & Light Company, in conjunction with its EPU application to the NRC.
Correspondence with respect to the proprietary aspects of the application for withholding or the Westinghollse affidavit should reference this letter, CAW-I 0-2755 and should be addressed to the undersigned.
Very truly yours,
~rt//I~ ;?-
J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Enclosures (8) Westinghouse U.S. Nuclear RegulatOlY Commission Document Control Desk Washington, DC 20555-0001 Westinghouse Electric Company Nuclear SeNices P.o. Box 355 Pittsburgh, Pennsylvania 15230*0355 USA Directtel: (412) 374-4643 Direct fax: (412) 374-3846 e*mail:
gresh~a@westinghouse.com CA W -) 0-2755 February 15,2010 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
Information Suppmting St Lucie Unit I Extended Power Uprate (EPU) (Proprietaty)
The proprietary information for which withholding is being requested in the above-referenced report is further identified in Affidavit CAW 2755 signed by the owner of the proprietary information, Westinghouse Electric Company LLC. The affidavit, which accompanies this letter, sets fmth the basis on which the information may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in paragraph (b)(4) of 10 CFR Section 2.390 of the Commission's regulations.
Accordingly, this letter authorizes the utilization of the accompanying affidavit by Florida Power & Light Company, in conjunction with its EPU application to the NRC.
Correspondence with respect to the proprietary aspects of tile application for withholding or the Westinghollse affidavit should reference this letter, CA W-I 0-2755 and should be addressed to the undersigned.
Very truly yours,
~rt/p~~
J. A. Gresham, Manager Regulatory Compliance and Plant Licensing Enclosures
CAW-IO-2755 AFFIDAVIT STATE OF CONNECTICUT:
ss COUNTY OF HARTFORD:
Before me, the undersigned authority, personally appeared Michael 1. Gancarz, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC ("Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
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,dJ~,iLrC-3 Product Manager Systems and Equipment Engineering II Sworn to and subscribed before me this Is;#..
day of,-1-~O\\
,2010.
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~Ublic My Commission Expires: -----"i?~L'--'3=*...:.,II-h-'--'-I+-
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CAW-IO-2755 AFFIDAVIT STATE OF CONNECTICUT:
ss COUNTY OF HARTFORD:
Before me, the undersigned authority, personally appeared Michael 1. Gancarz, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf of Westinghouse Electric Company LLC ("Westinghouse"), and that the averments of fact set forth in this Affidavit are true and correct to the best of his knowledge, information, and belief:
Sworn to and subscribed before me this Is;#..
day of,-1-~O\\,2010.
C"\\ "j~
~Ublic My Commission Expires: ----"i?~L'--'3=* --'-,II-h-'--'-I+-___ _
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,dJ~ "L r C-3 Product Manager Systems and Equipment Engineering II
2 CAW-l 0-2755 (l) 1am Product Manager, Systems and Equipment Engineering II, in Nuclear Services, Westinghouse Electric Company LLC ("Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from pubIic disclosure in connection with lluclear power plant licensing and rule making proceedings, and am authorized to apply for its withholding on behalfofthe Westinghouse Electric Company LLC.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3)
I have personal knowledge ofthe criteria and procedures utilized by the Westinghouse Electric Company LLC in designating information as a trade secret, privileged 01' as confidential commercial 01' financial information.
(4)
Pursuant to the provisions of paragraph (b)(4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining 'whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidellce by Westinghouse.
(ii)
The information is ofa type customarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghouse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold celtain types of information in confidence. The application ofthat system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss ofan existing or potential competitive advantage, as follows:
(a)
The information reveals the distinguishing aspects ofa process (or component, structure, tool, method, etc.) where prevention of its use by any of 2
CAW-l 0-2755 (1)
I am Product Manager, Systems and Equipment Engineering II, in Nuclear Services, Westinghouse Electric Company LLC ("Westinghouse"), and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld from pub I ic disclosure in connection with lluclear power plant licellsing and rule making proceedings, and am authorized to apply for its withholding on behalf ofthe Westinghouse Electric Company LLC.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Westinghouse Application for Withholding Proprietary Information from Public Disclosure accompanying this Affidavit.
(3)
I have personal knowledge of the criteria and procedures utilized by the Westinghouse Electric Company LLC in designating information as a trade secret, privileged or as confidential commercial or financial information.
(4)
Pursuant to the provisions of paragraph (b)( 4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining 'whether the information sought to be withheld from public disclosure should be withheld.
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Westinghouse.
(ii)
The information is of a type cllstomarily held in confidence by Westinghouse and not customarily disclosed to the public. Westinghollse has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold celtain types of information in confidence. The application of that system and the substance of that system constitutes Westinghouse policy and provides the rational basis required.
Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
(a)
The information reveals the distinguishing aspects of a process (or component, structll1'e, tool, method, etc.) where prevention of its use by any of
3 CAW-IO-2755 Westinghollse's competitors without license from Westinghollse constitutes a competitive economic advantage over other companies.
(b)
It consists ofsuppOlting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(t)
It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghouse system which include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghouse competitive position.
(b)
It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghouse ability to sell products and services involving the use of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditlll'e of resources at our expense.
3 CAW-IO-2755 Westinghouse's competitors without license from Westinghollse constitutes a competitive economic advantage over other companies.
(b)
It consists of suppOlting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use 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 a similar product.
(d)
It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its cllstomers or suppliers.
(e)
It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.
(t)
It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Westinghollse system which include the following:
(a)
The use of such information by Westinghouse gives Westinghouse a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Westinghollse competitive position.
(b)
It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Westinghollse ability to sell products and services involving the use of the information.
(c)
Use by our competitor would put Westinghouse at a competitive disadvantage by reducing his expenditure of resources at Ollr expense.
4 CAW-IO-2755 (d)
Each component ofproprietmy information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of ]0 CFR Section 2.390; it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best ofour knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Florida Power and Light's St Lucie Unit I EPU submittal transmittal letter to the NRC, Attachment 5, Tables 2.2.2.1-1 & 2.2.2.1-2; Tables 2.2.2.3-1, 2.2.2.3-2, and 2.2.2.3-3; Tables 2.2.2.4-2 through 2.2.2.4-7; Table 2.2.2.6-1; and Table 2.2.3-1; and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted for use by Westinghouse Electric Company LLC for St Lucie Unit 1 is expected to be applicable for other licensee submittals in response to ceJtain NRC requirements for component loads under EPU conditions.
This information is part of that which will enable Westinghouse to validate that St Lucie Unit I has margin in the structural areas after the proposed EPU has been implemented.
4 CAW-10-2755 (d)
Each component ofproprietmy information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle, thereby depriving Westinghouse of a competitive advantage.
(e)
Unrestricted disclosure would jeopardize the position of prominence of Westinghouse in the world market, and thereby give a market advantage to the competition of those countries.
(f)
The Westinghouse capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
The information is being transmitted to the Commission in confidence and, under the provisions of ] 0 CFR Section 2.390; it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previollsly employed in the same original manner or method to the best of Olll' knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is appropriately marked in Florida Power and Light's St Lucie Unit I EPU submittal transmittal letter to the NRC, Attachment 5, Tables 2.2.2.1-1 & 2.2.2.1-2; Tables 2.2.2.3-I, 2.2.2.3-2, and 2.2.2.3-3; Tables 2.2.2.4-2 through 2.2.2.4-7; Table 2.2.2.6-1; and Table 2.2.3-1; and Application for Withholding Proprietary Information from Public Disclosure, to the Document Control Desk. The proprietary information as submitted for use by Westinghouse Electric Company LLC for St Lucie Unit I is expected to be applicable for other licensee submittals in response to ceJtain NRC requirements for component loads under EPU conditions.
This information is part of that which will enable Westinghouse to validate that St Lucie Unit I has margin in the stl'llctural areas after the proposed EPU has been implemented.
5 CAW-10-2755 The information indicates the stress levels Oil various key components after the proposed EPU has been implemented, additional stresses due to the EPU, and stress margins after EPU has been implemented.
Further this information has substantial commercial value as follows:
(a)
Westinghollse generated this information for St Lucie Unit 1, solely for the support of that unit's planned EPU.
(b)
The information requested to be withheld reveals the total stresses and margins for key plant components after the proposed EPU has been implemented.
Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar products for commercial power reactors without commensurate expenses.
1n order for competitors of Westinghouse to duplicate this information, similar technical analyses would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
5 CAW-IO-2755 The information indicates the stress levels Oil various key components after the proposed EPU has been implemented, additional stresses due to the EPU, and stress margins after EPU has been implemented.
Further this information has substantial commercial value as follows:
(a)
Westinghollse generated this information for St Lucie Unit I, solely for the support of that unit's planned EPU.
(b)
The information requested to be withheld reveals the total stresses and margins for key plant components after the proposed EPU has been implemented.
Public disclosure of this proprietary information is likely to calise substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar products for commercial power reactors without commensurate expenses.
In order for competitors of Westinghouse to duplicate this information, similar technical analyses would have to be performed and a significant manpower effort, having the requisite talent and experience, would have to be expended.
Further the deponent sayeth not.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CPR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietary information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietm)' is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately foHowing the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse cllstomarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(l).
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies ofthe information contained in these repOlts which are necessary for its internal lise in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent sllch information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions ofthese repOlts, the NRC is permitted to make the number ofcopies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice ifthe original was identified as proprietary.
PROPRIETARY INFORMATION NOTICE Transmitted herewith are proprietary and/or non-proprietary versions of documents furnished to the NRC in connection with requests for generic and/or plant-specific review and approval.
In order to conform to the requirements of 10 CPR 2.390 of the Commission's regulations concerning the protection of proprietary information so submitted to the NRC, the information which is proprietary in the proprietary versions is contained within brackets, and where the proprietar)' information has been deleted in the non-proprietary versions, only the brackets remain (the information that was contained within the brackets in the proprietary versions having been deleted). The justification for claiming the information so designated as proprietary is indicated in both versions by means of lower case letters (a) through (f) located as a superscript immediately following the brackets enclosing each item of information being identified as proprietar)' or in the margin opposite such information. These lower case letters refer to the types of information Westinghouse cllstomarily holds in confidence identified in Sections (4)(ii)(a) through (4)(ii)(f) of the affidavit accompanying this transmittal pursuant to 10 CFR 2.390(b)(1).
COPYRIGHT NOTICE The reports transmitted herewith each bear a Westinghouse copyright notice. The NRC is permitted to make the number of copies of the information contained in these repOlts which are necessary for its internal lise in connection with generic and plant-specific reviews and approvals as well as the issuance, denial, amendment, transfer, renewal, modification, suspension, revocation, or violation of a license, permit, order, or regulation subject to the requirements of 10 CFR 2.390 regarding restrictions on public disclosure to the extent sllch information has been identified as proprietary by Westinghouse, copyright protection notwithstanding. With respect to the non-proprietary versions of these repOlts, the NRC is permitted to make the number of copies beyond those necessary for its internal use which are necessary in order to have one copy available for public viewing in the appropriate docket files in the public document room in Washington, DC and in local public document rooms as may be required by NRC regulations if the number of copies submitted is insufficient for this purpose. Copies made by the NRC must include the copyright notice in all instances and the proprietary notice ifthe original was identified as proprietary.
,CAMERON March 2, 2010 CAW 10-02 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Measurement ystems Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273-9300 Fax 724-273-9301 www.c-a-m.com APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
I.
Caldon'El Ultrasonics Engineering Report ER-740 Rev. 0 "Bounding Unceliainty Analysis for Thermal Power Detennination at St. Lucie Unit 1 & 2 Using the LEFM.I + System" 2.
Caldon'El Ultrasonics Engineering RepOli No. ER-733 Rev. 3, "LEFM.I + Meter Factor Calculation and Accuracy Assessment for St. Lucie Unit I" Gentlemen:
This application for withholding is submitted by Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, pursuant to the provisions of paragraph (b)(l) of Section 2.390 of the Conullission's regulations. It contains trade secrets and/or conunercial information proprietary to Cameron and customarily held in confidence.
The proprietary information for which withholding is being requested is identified in the subject submittal. In conformance with 10 CFR Section 2.390, Affidavit CAW 10-02 accompanies this application for withholding setting fOlih the basis on which the identified proprietary information may be withheld fl:om public disclosure.
I CAMERON March 2, 2010 CAW 10-02 Document Control Desk U. S. Nuclear Regulatory Commission Washington, DC 20555 Measurement Systems Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Tel 724-273-9300 Fax 724-273-9301 www.c-a-m.com APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Subject:
- 1. Caldon'E' Ultrasonics Engineering Repolt ER-740 Rev. 0 "Bounding Uncertainty Analysis for Thermal Power Detennination at st. Lucie Unit 1 & 2 Using the LEFM.! + System"
- 2. Caldon'E' Ultrasonics Engineering Repolt No. ER-733 Rev. 3, "LEFM.! + Meter Factor Calculation and Accuracy Assessment for st. Lucie Unit I" Gentlemen:
This application for withholding is submitted by Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, pursuant to the provisions of paragraph (b)(l) of Section 2.390 of the Conunission's regulations. It contains trade secrets andlor conunercial information proprietary to Cameron and customarily held in confidence.
The proprietaty information for which withholding is being requested is identified in the subject submittal. In contormance with 10 CFR Section 2.390, Affidavit CAW 10-02 accompanies this application for withholding setting fOlih the basis on which the identified proprietary information may be withheld fi'om public disclosure.
March 2, 20 I0 Page 2 Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be witlilield :6:0111 public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 10-02 and should be addressed to the undersigned.
Very truly yours,
(!;f.;k~
Calvin R. Hastings General Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)
March 2, 20 I 0 Page 2 Accordingly, it is respectfully requested that the subject information, which is proprietary to Cameron, be withheld fi:0111 public disclosure in accordance with 10 CFR Section 2.390 of the Commission's regulations.
Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 10-02 and should be addressed to the undersigned.
Very truly yours,
(!flk~
Calvin R. Hastings General Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released.)
March 2, 2010 CAW 10-02 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
Before me, the undersigned authority, personally appeared Calvin R. Hastings, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf 0 f Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, and that the averments of fact set fmih in this Affidavit are true and correct to the best of his knowledge, information, and belief calv~(~Zi?
General Manager Sworn to and subscribed before me this 00v"L day of L-J~
2010 O~cX)~~
@aryPubUf COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joann B. Thomas. Notary Public Findlay T\\\\'j')., AJ!~:gheny Counly My C<JmmisJ'o. Expirc>-s July 28, 2011 Member. PCllllsylvania lltisocl<ttion or Notaries AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA:
ss COUNTY OF ALLEGHENY:
March 2, 20 10 CAW 10-02 Before me, the undersigned authority, personally appeared Calvin R. Hastings, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this Affidavit on behalf 0 f Cameron International Corporation, a Delaware Corporation (herein called "Cameron") on behalf of its operating unit, Caldon Ultrasonics Technology Center, and that the averments of fact set fOlth in this Affidavit are true and correct to the best of his knowledge, information, and belief Sworn to and subscribed before me this ~
dayof
~~ 2010 O~~~/~~
@ aryPublt="
COMMONWEALTH OF PENNSYLVANIA Nolmial S~al Joann B. Thomas, Notary Public Findlay T\\\\p., Al !~:gh eny COUllty My C<>mmis.. :u I Expirc>-s July 28, 2011 Member, Pellilsylvania l\\ ~soc l " lio n or Notaries calv~(~b General Manager
March 2, 2010 CAW 10-02 1.
I am the General Manager of Caldon Ultrasonics Technology Center, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld fi'om public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalfof Cameron.
2.
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 ofthe COlrunission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.
3.
I have personal knowledge ofthe criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercial or financial information.
The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.
- 4. Pursuant to the provisions ofparagraph (b) (4) ofSection 2.390 ofthe Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld fi'om public disclosure should be withheld.
(i)
The information sought to be withheld fi'om public disclosure is owned and has been held in confidence by Cameron.
(ii)
The information is ofa type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron has a rational basis for determining the types ofinformation customarily held in confidence by it and, in that connection utilizes a system to detennine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need 110t rely on the evaluation ofany rational basis.
March 2, 2010 CAW 10-02
- 1. I am the General Manager of Cal don Ultrasonics Technology Center, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be withheld fi'om public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am authorized to apply for its withholding on behalf of Cameron.
- 2. I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the COlrunission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.
- 3. I have personal knowledge ofthe criteria and procedures utilized by Cameron in designating information as a trade secret, privileged 01' as confidential commercial or financial information.
The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.
- 4. Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld fi'om public disclosure should be withheld.
(i)
The information sought to be withheld fi'om public disclosure is owned and has been held in confidence by Cameron.
(ii)
The information is ofa type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron has a rational basis for determining the types ofinfonnation customarily held in confidence by it and, in that connection utilizes a system to detennine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily and need not rely on the evaluation of any rational basis.
March 2, 2010 CAW 10-02 Under that system, information is held in confidence if it falls in one or more ofseveral types, the release ofwhich might result in the loss ofan existing or potential advantage, as follows:
(a) The information reveals the distinguishing aspects ofa process (or component, stmcture, tool, method, etc.) where prevention of its use by any ofCameron's competitors without license :6:om Cameron constitutes a competitive economic advantage over other companies.
(b) It consists ofsUPP0l1ing data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c) Its use by a competitor would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, installation, and assurance ofquality, or licensing a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies ofCameron, its customer or suppliers.
(e) It reveals aspects ofpast, present or future Cameron or customer funded development plans and programs ofpotential customer value to Cameron.
(f) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Cameron system, which include the following:
(a) The use ofsuch information by Cameron gives Cameron a competitive advantage over its competitors. It is, therefore, withheld fi'om disclosure to protect the Cameron competitive position.
March 2, 2010 CAW 10-02 Under that system, information is held in confidence if it falls in one or more of several types, the release ofwhich might result in the loss of an existing or potential advantage, as follows:
(a) The information reveals the distinguishing aspects of a process (or component, stmcture, tool, method, etc.) where prevention of its use by any of Cameron's competitors without license :6:om Cameron constitutes a competitive economic advantage over other companies.
(b) It consists of supp0l1ing data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c) Its use by a competitor would reduce his expenditure ofresources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.
(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.
(e) It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.
(f) It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Cameron system, which include the following:
(a) The use of such information by Cameron gives Cameron a competitive advantage over its competitors. It is, therefore, withheld fi'om disclosure to protect the Cameron competitive position.
March 2) 2010 CAW 10-02 (b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or selvices involving the use ofthe information.
(c) Use by our competitor would put Cameron at a competitive disadvantage by reducing his expenditure ofresources at our expense.
(d) Each component ofproprietmy information pertinent to a patticular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components ofproprietary information, anyone component may be the key to the entire puzzle, thereby depriving Cameron ofa competitive advantage.
(e) Unrestricted disclosure would jeopardize the position ofprominence of Cameron in the world market) and thereby give a market advantage to the competition ofthose countries.
(f) The Cameron capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii)
The information is being transmitted to the Commission in confidence, and, under the provisions of 10 CFR §§ 2. 390, it is to be received in confidence by the Commission.
(iv)
The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best ofour knowledge and belief.
March 2) 2010 CAW 10-02 (b) It is information that is marketable in many ways. The extent to which such information is available to competitors diminishes the Cameron ability to sell products or selvices involving the use ofthe information.
(c) Use by our competitor would put Cameron at a competitive disadvantage by reducing his expenditure of resources at our expense.
(d) Each component ofproprietmy information pertinent to a patticular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, anyone component may be the key to the entire puzzle; thereby depriving Cameron ofa competitive advantage.
(e) Unrestricted disclosure would jeopardize the position of prominence of Cameron in the world market) and thereby give a market advantage to the competition of those countries.
(f) The Cameron capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
(iii) The information is being transmitted to the Commission in confidence, and, under the provisions of 10 CFR §§ 2. 390, it is to be received in confidence by the Commission.
(iv) The information sought to be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best of our knowledge and belief.
March 2, 2010 CAW 10-02 (v)
The proprietary information sought to be withheld are the submittals titled:
Caldon Ultrasonics Engineering RepOlt ER-740 Rev. 0 "Bounding Uncettainty Analysis for Thermal Power Detelmination at S1. Lucie Unit I & 2 Using the LEFM.f+ System" Caldon Ultrasonics Engineering RepOlt No. ER-733 Rev. 3, "LEFM.f + Meter Factor Calculation and Accuracy Assessment for S1. Lucie 1."
It is designated therein in accordance with 10 CFR §§ 2.390(b)(I)(i)(A,B), with the reason(s) for confidential treatment noted in the submittal and fmther described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review ofthe accuracy assessment ofthe proposed methodology for LEFM CheckPlus System used by St. Lucie Unit I for an MUR UPRATE.
Public disclosure ofthis proprietary information is likely to cause substantial harm to the competitive position ofCameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure ofthe infOlmation would enable others to use the information to meet NRC requirements for licensing documentation without the right to use the information.
The development ofthe technology described in part by the information is the result of applying the results ofmany years ofexperience in an intensive Cameron effOlt and the expenditure ofa considerable sum ofmoney.
In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar teclmical programs would have to be perfOlmed, and a significant manpower effOlt, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
(v) The proprietary information sought to be withheld are the submittals titled:
March 2, 2010 CAW 10-02 Caldon Ultrasonics Engineering RepOlt ER-740 Rev. 0 "Bounding Unceltainty Analysis for Thermal Power Detelmination at st. Lucie Unit 1 & 2 Using the LEFM.f + System" Caldon Ultrasonics Engineering RepOlt No. ER-733 Rev. 3, "LEFM.f + Meter Factor Calculation and Accuracy Assessment for st. Lucie 1."
It is designated therein in accordance with 10 CFR §§ 2.390(b)(1)(i)(A,B), with the reason(s) for confidential treatment noted in the submittal and fUlther described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for LEFM CheckPlus System used by St. Lucie Unit 1 for an MUR UPRA TE.
Public disclosure ofthis proprietary information is likely to cause substantial harm to the competitive position of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measurement systems and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the infOlmation would enable others to use the information to meet NRC requirements for licensing documentation without the right to use the information.
The development of the technology described in part by the information is the result of applying the results of many years of experience in an intensive Cameron effOIt and the expenditure ofa considerable sum of money.
In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar teclmical programs would have to be perfOImed, and a significant manpower effOIt, having the requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.
Further the deponent sayeth not.
COMMONWEALTH OF VIRGINIA CITY OF LYNCHBURG AFFIDAVIT 55.
1, My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.
2.
I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.
3.
I am familiar with the AREVA NP information contained in the report ANP w2903(P), Revision 000, entitled "St. Lucie Nuclear Plant Unit 1 EPU Cycle Realistic Large Break LOCA Summary Report with Zr~4 Fuel Cladding," dated February 2010 and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.
4.
This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the pUblic. Based on my experience, I am aware that other companies regard Information of the kind contained in this Document as proprietary and confidential.
5.
This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary Information Is made in accordance with 10 CFR 2.390.
The information for which Withholding from disclosure is COMMONWEALTH OF VIRGINIA CITY OF LYNCHBURG AFFIDAVIT
- 55.
- 1.
My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.
- 2.
I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.
- 3.
I am familiar with the AREVA NP information contained in the report ANP w2903(P), Revision 000, entitled liSt. Lucie Nuclear Plant Unit 1 EPU Cycle Realistic Large Break LOCA Summary Report with Zrw4 Fuel Cladding," dated February 2010 and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.
- 4.
This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.
- 5.
This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information Is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is
requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial
, information."
6.
The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:
(a)
The information reveals details of AREVA NP's research and development plans and programs or their results.
(b)
Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.
(c)
The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.
(d)
The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.
(e)
The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.
The information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.
7.
In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.
8.
AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial
, information."
- 6.
The following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:
(a)
The information reveals details of AREVA NP's research and development plans and programs or their results.
(b)
Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, In time or resources, to design, produce, or market a similar product or service.
(c)
The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.
(d)
The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.
(e)
The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.
The information in the Document is considered proprietary for the reasons set forth In paragraphs 6(b) and 6(c) above.
- 7.
In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document have been made available, on a limited basis, to others outside AREVA NP only as required and under suitable agreement providing for nondisclosure and limited use of the information.
S.
AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
9.
The foregoing statements are true and correct to the best bf my knowledge, information, and belief.
SUBSCRIBED before me this ---:8:-'_~_'_
day of.....,:;;>~(U~iU~*~::....!.-
2010.
Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129 SHERRY L. MCfADIN Notary Public Commonwealth of Virginia 7079129 MV Commluron bplr** Oot 31. 2010 ~
- 9.
The foregoing statements are true and correct to the best bf my knowledge, information, and belief.
SUBSCRIBED before me this.--.:8:...-' _~_' _
day of --,:;;>~(U~iU:::..!..-lo*~::",,!,-___ 2010.
Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129 SHERRY L. MCfADIN Notary Public Commonwealth of Virginia
~
7079129 MV Commlllion hplr ** Oot 31. 2010 ~
HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856)797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Jay Leff, state as follows:
(1)
I am the Holtec International Project Manager for the Extended Power Uprate Analysis for St. Lucie Unit 1 Project and have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2)
The information sought to be withheld is Revision 0 of Holtec Report HI-2104542, which contains Holtec Proprietary information and is appropriately marked as such.
(3)
In making this application for withholding ofproprietary information ofwhich it is the owner, Holtec International 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(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 defmition of"trade secret", within the meanings assigned to those terms for purposes ofFOIA 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).
10f5 HOLTEC INTERNATIONAL u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856)797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Jay Leff, state as follows:
(1)
I am the Holtec International Project Manager for the Extended Power Uprate Analysis for St. Lucie Unit 1 Project and have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2)
The information sought to be withheld is Revision 0 of Holtec Report HI-2104542, which contains Holtec Proprietary information and is appropriately marked as such.
(3)
In making this application for withholding of proprietary information of which it is the owner, Holtec International 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(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 defmition 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).
10f5
HOLTEC INTERNATIONAL u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4)
Some examples of categories of infonnation which fit into the definition of proprietary infonnation are:
a.
Infonnation that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; b.
Infonnation which, ifused by a competitor, wouldreduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance ofquality, or licensing ofa similar product.
c.
Infonnation which reveals cost or price infonnation, production, capacities, budget levels, or commercial strategies ofHoltec International, its customers, or its suppliers; d.
Infonnation which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; e.
Infonnation which discloses patentable subjectmatter for which it maybe desirable to obtain patent protection.
The infonnation sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b, above.
(5)
The infonnation sought to be withheld is being submitted to the NRC in confidence. The infonnation (including that compiled from many sources) is of 2of5 HOLTEC INTERNATIONAL u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4)
Some examples of categories of infonnation which fit into the definition of proprietary infonnation are:
- a.
Infonnation that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
- b.
Infonnation 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.
Infonnation which reveals cost or price infonnation, production, capacities, budget levels, or commercial strategies ofHoltec International, its customers, or its suppliers;
- d.
Infonnation which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
- e.
Infonnation which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The infonnation sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b, above.
(5)
The infonnation sought to be withheld is being submitted to the NRC in confidence. The infonnation (including that compiled from many sources) is of 2of5
HOlTEe INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best ofmy knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not 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 agreements which provide for maintenance ofthe 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 ofproprietary treatment ofa 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 Holtec International 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 ofthe cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside Holtec International 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 classified as proprietarywas developed and compiledbyHoltec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical 30f5 HOl TEe INTERNATIONAL u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 a sort customarily held in confidence by Holtec International, 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 Holtec International. No public disclosure has been made, and it is not 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 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.
Access to such documents within Holtec International 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 designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside Holtec International 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 classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical 30f5
HOLTEC INTERNATIONAL u.s. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 approaches and methodologies not available elsewhere. This informationwould provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us fmancial injury.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability ofprofit-making opportunities. The information is partof Holtec International's comprehensive spent fuel storage 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 ofthe expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment oftime and money by Holtec International.
The precise value ofthe expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International 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 similar conclusions.
40f5 HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec' s competitor to copy our technology and offer it for sale in competition with our company, causing us fmancial injury.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage 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.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
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.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International 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.
40f5
HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 The value of this information to Holtec International 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 Holtec International ofthe opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
Executed at Marlton, New Jersey, this 18th day ofMarch, 2010 Jay Leff Project Manager Holtec International NOTARYwaaAfi'cF6WASS1 My CommiSSion I::u~:. NE\\VJERSEY
'-"VIres Aprd 25, 2010 50f5 HOLTEC INTERNATIONAL U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 Fax (856) 797-0909 AFFIDAVIT PURSUANT TO 10 CFR 2.390 The value of this information to Holtec International 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 Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
Executed at Marlton, New Jersey, this 18th day of March, 2010 50f5 Jay Leff Project Manager Holtec International NOTARY wtaRfi'cF6WASS1 My CommiSSion r::u~:. N~
JERSEY
'-"VIres April 25, 2010