ML18116A441

LLC Submittal of Presentation Material for February 23, 2018, Comprehensive Vibration Assessment Program Meeting

ML18116A441
Person / Time
Site:	NuScale
Issue date:	04/24/2018
From:	Rad Z NuScale
To:	Document Control Desk, Office of New Reactors
References
LO-0418-59667
Download: ML18116A441 (5)

Text

.::.*:*.. NUS CALE L0-0418-59667

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April 24, 2018 Docket No.52-048 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

NuScale Power, LLC Submittal of Presentation Material for February 23, 2018 Comprehensive Vibration Assessment Program Meeting

REFERENCE:

1. Letter from NuScale Power, LLC to U.S. Nuclear Regulatory Commission, "NuScale Power, LLC Submittal of Comprehensive Vibration Assessment Program Analysis Methods Schedule," dated April 19, 2018 Upon conclusion of the U.S. Nuclear Regulatory Commission (NRG) audit of the NuScale Power, LLC (NuScale) reactor internals comprehensive vibration assessment program (CVAP), a closed meeting was held to discuss open audit issues. The NRG audit was conducted from May 16, 2017 to November 2, 2017, and the audit summary meeting on February 23, 2018. The CVAP is described in Section 3.9.2, "Dynamic Testing and Analysis of Systems, Components, and Equipment," of the NuScale Final Safety Analysis Report, as provided with the NuScale design certification application (DCA).

The purpose of this letter is to transmit the NuScale presentation materials prepared to support the subject meeting and used to address certain identified audit issues. Submittal of this information was requested by NRG for reference.

It is noted that some of the response dates cited in the February 23rd presentation material have since been updated by the CVAP Analysis Methods Schedule as submitted by Reference 1.

Enclosure 1 is the proprietary version of the presentation titled "NuScale Power Comprehensive Vibration Assessment Program -Audit Report Summary Discussion," PM-0218-58803 Revision 0.

Enclosure 2 is the nonproprietary version of the presentation titled "NuScale Power Comprehensive Vibration Assessment Program -Audit Report Summary Discussion," PM-0218-58803 Revision 0.

NuScale requests that the proprietary Enclosure 1 be withheld from public disclosure in accordance with the requirements of 10 CFR § 2.390. The enclosed affidavit (Enclosure 3) supports this request.

This letter and its enclosures make no regulatory commitments and no revisions to any existing regulatory commitments.

Please contact Jennie Wike at (541) 360-0539 or at jwike@nuscalepower.com if you have any questions.

Sincerely,

~~

Zackary W. Rad Director, Regulatory Affairs NuScale Power, LLC NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

L0-0418-59667 04/24/18 Distribution: Samuel Lee, NRC, OWFN-8G9A Robert Taylor, NRC, OWFN-7H4 Greg Cranston, NRC, OWFN-8G9A Omid Tabatabai, NRC, OWFN-8G9A Prosanta Chowdhury, NRC, OWFN-8G9A Enclosure 1: "NuScale Power Comprehensive Vibration Assessment Program - Audit Report Summary Discussion" Revision 0, PM-0218-58803-P (Proprietary version)

Enclosure 2: "NuScale Power Comprehensive Vibration Assessment Program -Audit Report Summary Discussion" Revision 0, PM-0218-58803-NP (Nonproprietary version)

Enclosure 3: Affidavit for Zackary W. Rad, AF-0418-59668 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

.::.*:*.. NUS CALE L0-0418-59667

.:. .:. POWER" Enclosure 3:

Affidavit of Zackary W. Rad, AF-0418-59668 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

NuScale Power, LLC AFFIDAVIT of Zackary W. Rad I, Zackary W. Rad, state as follows:

(1) I am the Director of Regulatory Affairs of NuScale Power, LLC (NuScale), and as such, I have been specifically delegated the function of reviewing the information described in this Affidavit that NuScale seeks to have withheld from public disclosure, and am authorized to apply for its withholding on behalf of NuScale.

(2) I am knowledgeable of the criteria and procedures used by NuScale in designating information as a trade secret, privileged, or as confidential commercial or financial information. This request to withhold information from public disclosure is driven by the following:

(a) The information requested to be withheld reveals distinguishing aspects of a methodology whose use by NuScale competitors, without a license from NuScale, would constitute a competitive economic disadvantage to NuScale.

(b) The information requested to be withheld consists of supporting data, including test data, relative to a methodology, and the application of the data secures a competitive economic advantage, as described more fully in paragraph 3 of this Affidavit.

(c) Use by a competitor of the information requested to be withheld would reduce the competitor's expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(d) The information requested to be withheld reveals cost or price information, production capabilities, budget levels, or commercial strategies of NuScale.

(e) The information requested to be withheld consists of patentable ideas.

(3) Public disclosure of the information sought to be withheld is likely to cause substantial harm to NuScale's competitive position and foreclose or reduce the availability of profit-making opportunities. The subject files contain design documentation that reveals distinguishing aspects about the process and method by which Nu Scale developed and imp I em en ts its Comprehensive Vibration Assessment Program.

NuScale has performed significant research and evaluation to develop this design documentation and has invested significant resources, including the expenditure of a considerable sum of money.

The precise financial value of the information is difficult to quantify, but it is a key element of the NuScale plant and, therefore, has substantial value to NuScale.

If the information were disclosed to the public, NuScale's competitors would have access to the information without purchasing the right to use it or having been required to undertake a similar expenditure of resources. Such disclosure would constitute a misappropriation of NuScale's intellectual property, and would deprive NuScale of the opportunity to exercise its competitive advantage to seek an adequate return on its investment.

(4)' The information sought to be withheld is listed in Enclosure 1 to NuScale letter to the NRC titled "NuScale Power, LLC Submittal of Presentation Material for February 23, 2018 Comprehensive Vibration Assessment Program Meeting," L0-0418-59667. The listed files and documents contain the designation "Proprietary" on each page containing proprietary information.

AF-0418-59668 Page 1 of 2

(5) The basis for requesting that the files be withheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC § 552(b)(4), as well as exemptions applicable to the NRG under 10 CFR §§ 2.390(a)(40 and 9.17(a)(4).

(6) Pursuant to the prov1s1ons set forth in 10 CFR § 2.390(b)(4), the following is provided for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld:

(a) The information sought to be withheld is owned and has been held in confidence by NuScale.

(b) The information is of a sort customarily held in confidence by NuScale and, to the best of my knowledge and belief, consistently has been held in confidence by NuScale. The procedure for approval of external release of such information typically requires review by the staff manager, project manager, chief technology officer or other equivalent authority, or the manager of the cognizant marketing function (or his delegate), for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside NuScale are limited to regulatory bodies, customers and potential customers and their agents, suppliers, licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or contractual agreements to maintain confidentiality.

(c) The information is being transmitted to and received by the NRC in confidence.

(d) No public disclosure of the information 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 contractual agreements that provide for maintenance of the information in confidence.

(e) Public disclosure of the information is likely to cause substantial harm to the competitive position of NuScale, taking into account the value of the information to NuScale, the amount of effort and money expended by NuScale in developing the information, and the difficulty others would have in acquiring or duplicating the information. The information sought to be withheld is part of NuScale's technology that provides NuScale with a competitive advantage over other firms in the industry. NuScale has invested significant human and financial capital in developing this technology and NuScale believes it would difficult for others to duplicate the technology without access to the information sought to be withheld.

I declare under penalty of perjury that the foregoing is true and correct. Executed on April 24, 2018

/Zackaryw. Rad AF-0418-59668 Page 2 of2