ML13316A900

Standby Trust Agreement Cover Letter for Global Nuclear Fuels - Americas, Dated October 30, 2013

ML13316A900
Person / Time
Site:	07001113
Issue date:	10/30/2013
From:	Murray S Global Nuclear Fuel
To:	Ty Naquin NRC/NMSS/FCSS
Naquin T
Shared Package
ML13316A815	List: ML13316A900
References
SPM 13-049
Download: ML13316A900 (4)

Text

GNi=

Global Nuclear Fuel A Joisst Venture of GE, Ta.shib3, & Hit:1chi Proprietary Information Notice to this letter contains sensitive proprietary information which is to be withheld from public disclosure in accordance with 10CFRZ.390 and RIS 2005-31 SPM 13-049 October 30, 2013 Mr. Tyrone Naquin, Project Manager Fuel Manufacturing Branch - Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 ATTN: Document Control Desk

Subject:

Revised GNF-A Standby Trust Agreement (ST A)

References:

1) NRC LicenseSNM-1097, Docket70-1113 Global Nuclear Fuel Scott P. Murray Manager, Facility Licensing 3901 Castle Hayne Road P.O. Box780 Wilmington, NC 28402 USA (n (910) 819-5950 (F) (910) 362-5950 Scott.murray@ge.com

2) Updated GNF-A Fuel Fabrication Facility Decommissioning Funding Plan (DFP),

12/14/12

3)

NRC Request for Additional Information - GNF-A DFP, 2/22/13

4) GNF-A Response to NRC RAl's - GNF-A DFP, 3/28/13

5)

Revised GNF-A DFP, 4/26/13

6) NRC Request for Additional Information - GNF-A DFP, 6/13/13

7) GNF-A Response to NRC RAl's-GNF-A DFP, 7/17/13

8) NRC Acceptance of Changes to STA, 9/12/13 Attached is an updated Global Nuclear Fuel - Americas, LLC (GNF-A) Decommissioning Standby Trust Agreement that was revised and provided to NRC on July 17,2013 (Reference 7), accepted by NRC on September 12, 2013 (Reference 8) and executed by GNF-A on September 23, 2013.

Please note that the STA (Attachment 2) to this letter contains sensitive proprietary information that is requested to be withheld from public disclosure in accordance with 10 CFR 2.390 and RIS 2005-31.

Please contact me on (910) 819-5950 if you have any questions or would like to discuss this matter further.

Sincerely, g ::f-!!l~

Facility Licensing g~

Commitments: None Attachments: 1) GNF-A Affidavit

2) Revised GNF-A Standby Trust Agreement

USNRC October 30, 2013 Page I of3 Global Nuclear Fuel - Americas LLC I, Scott P. Murray, state as follows:

AFFIDAVIT (I)

I am the Manager, Facility Licensing of Global Nuclear Fuel - Americas, LLC (GNF-A), and have been delegated the function by GNF-A 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 Attachment 2 to GNF-A letter Number 13-049, Scott P.

Murray to US Nuclear Regulatory Commission entitled Revised GNF-A Standby Trust Agreement Dated 10/30/13. GNF-proprietary information in Attachment 2 is identified by the statement "Contains GNF-A Proprietary Information".

(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 LO 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 Rel<lllatory 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 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 GNF-A and/or other companies.

b.

Infonnation 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 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, 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 GNF-A.

Access to such documents within GNF-A 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 GNF-A are limited to regulatory

USNRC October 30, 2013 Page 2 of3 bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the infonnation, 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 GNF-A 's processes, design and manufacturing facilities.

(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 facility design and licensing methodology is part of GNF-A'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 GNr-A. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.

1 declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on this 30th day of October, 2013.

STA TE OF NORTH CAROLINA COUNTY OF NEW HANOVER

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g~f:Jrl7 Global Nuclear Fuel - Americas LLC Subscribed and sworn to me, a Notary Public, in and for the State of North Carolina, this 30th day of October, 2013.

Notary Public in and for the State of North Carolina My Commission Expires: __ __,,J:..:u,..,n,::e;.:2a.::3;.,.., -=2.,,_0.:.:18,:,.._ _ _ __ _

USNRC October 30, 2013 Page 3 of3 Revised and Executed GNF-A Standby Trust Agreement