ML20054A965

LLC, Submittal of Presentation Materials Entitled ACRS Subcommittee Presentation: NuScale Topical Report - Rod Ejection Accident Methodology (Closed Session), PM-1019-67366, Revision 0

ML20054A965
Person / Time
Site:	NuScale
Issue date:	02/17/2020
From:	Rad Z NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LO-0220-68849, PM-1019-67366, Rev 0
Download: ML20054A965 (4)

Text

L0-0220-68849 February 17, 2020 Docket No.52-048 U.S. Nuclear Regulatory Commission ATIN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

NuScale Power, LLC Submittal of Presentation Materials Entitled "ACRS Subcommittee Presentation: NuScale Topical Report - Rod Ejection Accident Methodology (Closed Session)," PM-1019-67366, Revision 0 The purpose of this submittal is to provide presentation materials to the NRC for use during the upcoming Advisory Committee on Reactor Safeguards (ACRS) Subcommittee Meeting on February 19, 2020. The materials support NuScale's presentation of the "Rod Ejection Accident Methodology" topical report. is the proprietary version of the presentation entitled "ACRS Subcommittee Presentation:

NuScale Topical Report-Rod Ejection Accident Methodology (Clo~ed Session)," PM-1019-67366, Revision 0. NuScale requests that the proprietary version be withheld from public disclosure in accordance with the requirements of 1 O CFR § 2. 390. The enclosed affidavit (Enclosure 2) supports this request.

This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.

If you have any questions, please contact Matthew Presson at 541-452-7531 or at mpresson@nuscalepower.com.

Sincer~~

Y - ~

Zackary W. Rad Director, Regulatory Affairs NuScale Power, LLC Distribution: Robert Taylor, NRC, OWFN-8H12.

Michael Snodderly, NRC, OWFN-8H12 Christopher Brown, NRC, OWFN-8H12 Samuel Lee, NRC, OWFN-8H12 Gregory Cranston, NRG, OWFN-8H12 Michael Dudek, NRG, OWFN-8H12 Rani Franovich, NRG, OWFN-8H12 : "ACRS Subcommittee Presentation: NuScale Topical Report - Rod Ejection Accident Methodology (Closed Session)," PM-1019-67366-P, Revision O

....--r---0 b 7 : Affidavit of Zackary W. Rad, AF-0220-68850 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com Affidavit of Zackary W. Rad, AF-0220-68850 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com L0-0220-68849

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

(1)

(2)

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 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 one or more of the following:

(a)

The information requested to be withheld reveals distinguishing aspects of a process (or compa,en~ structure, tool, method, etc.) 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 process (or component, structure, tool, method, etc.), 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 comp~itive 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 competiti>ve position and foreclose or reduce the availability of profit-making opportunities. The accompanying presentation reveals distinguishing aspects about the method by which NuScale develops its rod ejection accident analysis.

NuScale has performed significant research and evaluation to develop a basis for this method 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 design basis for a 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 in>vestment.

(4)

The information sought to be withheld is in the enclosed presentation entitled "ACRS Subcommittee Presentation: NuScale Rod Ejection Accident Methodology (Closed Session),"

PM-1019-67366, Revision O.The enclosure contains the designation "Proprietary" at the top of each page containing proprietary information.

(5)

The basis for proposing that the information be withheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies AF-0220-68850 Page 1 of2

upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"}, 5 USC§ 552(b)(4}, as VI.ell as exemptions applicable to the NRG under 10 CFR §§ 2.390(a}(4) and 9.17(a)(4).

(6)

Pursuant to the provisions 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 NRG 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 NRG, 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 be 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 February 17, 2020.

AF-0220-68850 Page 2 of2