ML19204A271

Global Nuclear Fuel - Americas - Proposed License Amendment Request

ML19204A271
Person / Time
Site:	07001113
Issue date:	07/18/2019
From:	Murray S Global Nuclear Fuel
To:	Ty Naquin Office of Nuclear Material Safety and Safeguards
References
M190132
Download: ML19204A271 (3)

Text

GNi=

. Glob11I Nu~lea, F..-el

. Proprietary Information Notice

. This letterft,n,vards pmprieta'ry lnformaf/on ta be.

. wlthl,eld from pub/ii; disclosure in accordance with

• .1.0CFR2.390. Upon removal of Attai:hm.eht 2, the balance *

. of this letter may be made public.

F\\11190132 July 1 s, ~019 Ty Naquini Fuel facilities Licensing Branch Office of.Nuclear Material Safety and Safeguards us Nuclear Regulatory Commission Washington, O;C.,20SQs;.0001 Attn: Document GoritrQI Desk Global Nuclear Fuel.

• Scott P. Murray Maniager,*Fadllly UCl!!nslng

• 3901 castle.Hayn, Road P.O. Bo~ 780

• Wilml~gton; NC 2840~

USA T c010> a19;.ssso scott.mtirray@ge:QOm Subject GNF-A ~NM-1097 Proposed License AmE)ndment Reque~t * * **.

Reference:

1) NRC License SNM-1097;. Docket 70.-1113.

Dear Mr. Naquin:

Att~chment 2 t~ this letter provides Global: Nuclear Fuel~Aiilericas (GNF;.A) prelhnlnary

• information regem:ling a proposed SNM~10971icerise amendment reque~t; This informaijor; il3 b.eing*provided forN.RC*staff review prior to a pre-applicationineetihg thl:it Is scheduledori July.

24, 2.019...

.. The lnformati9n in* Attachment 2 Is pre-declsldn1:1I and cc,ntains GNF-A Proprietary Information *.

• to be withheld from public disclosure.

. * *. If yo4 have any questions concemin~ this infom1ation, plEtase. pall me at (91 Q) 81 ~5950.

S~lnc~rely, p** ~*

4

. I,.

tt~.~a.y,M aer~..

• Facility Ucenshig..

~*.

• Attaehment(s):.1; Affidavit.

• 2. SNM* 1097 Propose.d License Amendment Request

. Cc; MN B~ket, USNRC I\\IMSS T~ Gric:e, u*$NRC RU

$PM19-016 AFFIDAVIT I~ Scott P. Murray; state as follows:

(1)

I am the Manager, Facility Licensing of Global Nuclear Fuel-Americas (GNF-A) and have been delegat~d the

• function byGNF-A of reviewing theinformation described in paragraph (2)which is sought to be withheld, and have been authorized to apply for its withholding; (2)

The infoi"mation sought to be withheld is contained in Attachment 2 to GNF-A's letter, M190132, Scott P.

Murray to Ty Naquin, Fuel Facilities Licensing Branch entitled.GNF-A SNM 1097 Proposed License Amendment Request GNF-A proprietary information is contained in Attachment 2 and is identified by the statement "GNF-:A Proprietary Information"..

(3)

In making this application for withholding of proprietary information ofwhich it is the owner or licensee, GNF.;.

_A relies upon the.exemption from disciosure set forth in.the Freedom oflnforination Act (FOIA), 5 USC Sec. 552(b)(4), and tile.Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations to*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 th.ose terms for purposes of FOIA Exemption 4. in, respectively, Critical Mass EnergV Project v. Nuclear Regulatory

_Commission. 975.F2d 871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F2d 1280 (DC Cir. 1983). *

( 4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs.

( 4 )a. and (4 )b. Some examj>les of categories of information ~~t 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.

information th11t, if used by_ a competitor~ would reduce th~ir expenditure of resources or improve their

• competitive position in the design, manufacture, shipment, installation, assurance of quality, odicensing of asimilar product..

(5)

To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to the NRCin

. 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 beeri. held in confidence by GNf-A, not_ been disclosed publicly, and not been made available in public sources. All

. disclosures to third parties, including a11y reqt1ired transmittals to the NRC, have been made, or nmslbe made,..

• pursuant to regulatory provisjoils or proprietary and/or C()Jifidentiality agreements that provide for maintaining

~e information* in confidence.. The initial designation of.this information as proprietary information, and the subsequen~ steps taken to prevent its *unauthori.zed disclosure are as set forth in the following paragraphs (6) and m

(6)

Initial approval qf proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted widt the yalue 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

. GEl:LAccess to such documents within GNf-A is limited to.a "need to know" basis.

(7). The procedure for approval of externalrelease of such a documenttyp_ically requires review by the staff manager,.

. project manager, principal scientist, or other equivalent il.Uthority for technical content, competitive effect, and

. detennination of the accuracy of the proprietary designation. D\\sclosures outside GNF-A are limited to regulatory bodies, customers, and potential customers, and. their agents, suppliers, and licensees; and others with

a legitimat~. :need for the information, and. then only in accordance with appropriate regulatory provisions or proprietary and/or confidentiality agreements.

(8) The. infonnation identified. in paragraph. (2) above is classified.as proprietary because it contains details ofGNF-A's processes, desi.gn and manufacturing facilities. *

(9)

Public disclosure of the information sought to be withheld is likely *tQ cause.substantial harm to GNP-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 vltlue derived from providing analyses done with NRC-approved methods.

The research, devel~pment, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GNF-A. The precise v.alue 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 1h41 they can

• arrive at the same or similar conclusions.

. The value 'of this information to GNP-A would be iost if the information were disclosed ~o the public. Making

. suc:h information available to competitors without their having been required to undertake a similar expenditure.

of resources would urifairlf provide competitors with a windfall; and deprive GNF.. A of the opportunity to exercise its competitive advantage to seek an adequate return oil its large investment in developing and obtaining these very valuable analytical tools. *

• I declare urider penalty of perjury that the foregoing is true and correct.

• Executed on this 18th day of July 2019. * *

. Global Nuclear Fuel..;

STATE OF NORTII CAROLINA.. * ) *

)..

COUNTY OF NEW HANOVER

)

Subscribed and sworn to me, a Not~ Pubµc, in and for the State of North Carolina, this 18th day of July.

• 2019..

. M~GAN DATEMA

.. NOTARY PUBLIC NEW HANOVER COUNTY, NC.

MyCoimllldJn*Eqns~

My Commission Expires: **

• 4/30/2022 *.

lie in: and for the..

orth Carolina