ML18338A040

Request for Withholding Information from Public Disclosure Documents in Support of Licensing Requests Initiated by the University of Massachusetts Lowell

ML18338A040
Person / Time
Site:	University of Lowell
Issue date:	12/07/2018
From:	Edward Helvenston Research and Test Reactors Licensing Projects Branch
To:	Asmussen K General Atomics
Helvenston E, 415-4087
References
EPID L-2015-RNW-0001
Download: ML18338A040 (6)

Text

December 7, 2018 Dr. Keith E. Asmussen Director, Licensing, Safety, and Nuclear Compliance General Atomics P.O. Box 85608 San Diego, CA 92186-5608

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: DOCUMENTS IN SUPPORT OF LICENSING REQUESTS INITIATED BY THE UNIVERSITY OF MASSACHUSETTS LOWELL (EPID NO. L-2015-RNW-0001)

Dear Dr. Asmussen:

By letter dated July 26, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17249A080), General Atomics (GA) submitted, to the U.S. Nuclear Regulatory Commission (NRC), documents related to its NMP-1000 Multi-Range Linear Module.

GAs letter stated that these documents were being submitted in support of licensing requests, planned or pending, with the NRC initiated by the University of Massachusetts Lowell (UML).

The NRC staff notes that, by letter dated October 20, 2015 (ADAMS Accession No. ML16042A015), as supplemented, UML submitted an application for the renewal of Facility Operating License No. R-125 for the UML Research Reactor (UMLRR) to the NRC. UMLs application included a request for NRC review and approval of digital instrumentation and control upgrades using the GA NMP-1000 Multi-Range Linear Module in conjunction with the UMLRR license renewal.

GAs letter included an affidavit, executed by Dr. Jerome Gormley, Director of Strategic Development, Nuclear Programs, at GA, requesting that the information contained in the following 12 documents provided as enclosures to GAs letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public inspections, exemptions, requests for withholding, because GA considers it to be confidential commercial information:

1. T3322000-1AT_Rev A NLW-1000 Acceptance Test Procedure

2. T3322000-RTM_Rev A NLW-1000 Traceability Matrix - easy read

3. T3322000-RTM_Rev A NLW-1000 Traceability Matrix

4. T3401000-1AT_Rev A NMP-1000 Acceptance Test Procedures

5. T3401000-RTM_Rev A NMP-1000 Traceability Matrix - easy read

K. Asmussen 6. T3401000-RTM_Rev A NMP-1000 Traceability Matrix

7. T9S900D940-SYR_Rev A NMP-1000 System Requirements Specification

8. T9S900D941-SRS_Rev A NMP-1000 Software Requirements Specification

9. T9S900D950-SYR_Rev A NLX-1000 System Requirements Specification

10. T9S900D951-SRS_Rev A NLX-1000 Software Requirements Specification

11. T9S900D980-FME_Rev A NMP-1000 Failure Modes Effects Analysis

12. Multiple Test Reports_NMP and NLW Software The NRC staff noted that the title of the last document listed in the affidavit, Multiple Test Reports_NMP and NLW Software did not appear to correspond to the titles indicated within any of the 13 documents marked as proprietary in their entirety and submitted as enclosures to GAs letter. However, the NRC staff noted that this document title listed in GAs affidavit corresponded to the computer file names of 2 of the 13 submitted proprietary documents, which appeared to designate the 2 documents as Part A and Part B of the single document as listed in the affidavit (GAs letter and enclosures were submitted to the NRC in electronic format).

GAs affidavit, in paragraphs (6) through (10), stated that the submitted information should be exempt from mandatory public disclosure for the following reasons:

(6) The information sought to be withheld is being submitted to the NRC in confidence.

The information is of a sort customarily held in confidence, is of a sort customarily held in confidence by General Atomics, 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 General Atomics. 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 (7) and (8) following.

(7) 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 General Atomics is controlled to protect it from unauthorized disclosure.

(8) 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 Department, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside General Atomics 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

K. Asmussen then only in accordance with appropriate regulatory provisions or proprietary agreements for protecting the information from further disclosure.

(9) The information classified as proprietary was developed and compiled by General Atomics at a significant cost to General Atomics. This information is classified as proprietary because it contains detailed historical data and analytical results not available elsewhere. This information would provide other parties, including competitors, with information from General Atomics technical database and the results of evaluations performed using codes developed by General Atomics. Release of this information would improve a competitors position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by General Atomics to develop this information.

(10) Public disclosure of the information sought to be withheld is likely to cause substantial harm to General Atomics competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of General Atomics comprehensive research and test reactor nuclear instrumentation 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 General Atomics.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it is clearly substantial.

General Atomics competitive advantage will be lost if its competitors are able to use the results of the General Atomics experience to normalize or verity [sic] 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 NRC staff has reviewed your July 26, 2017, submittal in accordance with the requirements of 10 CFR 2.390, and on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) as well as Section 103(b) of the Atomic Energy Act of 1954, as amended.

Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC staff may send copies of this information to its consultants working in this area. The NRC staff will ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding information from public inspection should change in the future such that the information could then be made available for public inspection, GA should promptly notify the NRC. GA also should understand that the NRC may have cause to review this

K. Asmussen determination in the future if, for example, the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, GA will be notified in advance of any public disclosure.

If you have any questions regarding this review, please contact me at (301) 415-4067, or by electronic mail at Edward.Helvenston@nrc.gov.

Sincerely,

/RA/

Edward Helvenston, Project Manager Research and Test Reactors Licensing Branch Division of Licensing Projects Office of Nuclear Reactor Regulation Docket No. 50-223 License No. R-125 cc: See next page

University of Massachusetts - Lowell Docket No. 50-223 cc:

Mayor of Lowell City Hall Lowell, MA 01852 Mr. Leo Bobek Reactor Supervisor University of Massachusetts - Lowell One University Avenue Lowell, MA 01854 Dr. Partha Chowdhury, Director Nuclear Radiation Laboratory University of Massachusetts-Lowell One University Avenue Lowell, MA 01854 Department of Environmental Protection One Winter Street Boston, MA 02108 Jack Priest, Director Radiation Control Program Department of Public Health Schrafft Center, Suite 1M2A 529 Main Street Charlestown, MA 02129 John Giarrusso, Planning and Preparedness Division Chief Massachusetts Emergency Management Agency 400 Worcester Road Framingham, MA 01702-5399 Test, Research and Training Reactor Newsletter P.O. Box 118300 University of Florida Gainesville, FL 32611

ML18338A040 *concurrence via e-mail NRR-088 OFFICE NRR/DLP/PRLB/PM* NRR/DLP/PRLB/LA* NRR/DLP/PRLB/BC NRR/DLP/PRLB/PM NAME EHelvenston NParker AAdams EHelvenston DATE 12/6/2018 12/6/2018 12/6/2018 12/7/2018