ML20054A969

LLC Submittal of Presentation Materials Entitled ACRS Subcommittee Presentation: NuScale Topical Report- Non-Loss-of-Coolant Accident (Closed Session), PM-0220-68851, Revision 0

ML20054A969
Person / Time
Site:	NuScale
Issue date:	02/17/2020
From:	Rad Z NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LO-0220-68855, PM-0220-68851, Rev 0
Download: ML20054A969 (4)

Text

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L0-0220-68855 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-Non-Loss-of-Coolant Accident (Closed Session)," PM-0220-68851, 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 20, 2020. The materials support NuScale's presentation of the "Non-Loss,.of-Coolant Accident Analysis Methodology" topical report. is the proprietary version of the presentation entitled "ACRS Subcommittee Presentation:

NuScale Topical Report-Non-Loss-of-Coolant Accident (Closed Session)," PM-0220-68851, Revision 0. NuScale requests that the proprietary wrsion be withheld from public disclosure in accordance with the requirements of 10 CFR § 2. 390. The enclosed affidavit (Enclosure 2) supports this request. Enclosure 1 has also been deemed to contain Export Controlled Information. This information must be protected from disclosure per the requirements of 1 O CFR § 810.

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 orat mpresson@nuscalepower.com.

s:~

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

Christopher Brown, NRC, OWFN-8H12 Samuel Lee, NRC, OWFN-8H12 Gregory Cranston, NRG, OWFN-8H12 Michael Dudek, NRC, OWFN-8H12 Rani Franovich, NRC, OWFN-8H12 : "ACRS Subcommittee Presentation: NuScale Topical Report - Non-Loss-of-Coolan!_-.-

Accident (Closed Session)," PM-0220-68851-P, Revision O I D : Affidavit of Zackary W. Rad, AF-0220-68856 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-0220-68856 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com L0-0220-68855

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 secrei 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 W[hheld reveals distinguishing aspects of a process (or component, structure, tool, method, etc.) whose use by NuScale competfors, W[hout a license from NuScale, would constitute a compet[ive 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 ofthe data secures a competitive economic advantage, as described more fully in paragraph 3 of this Affidavit.

(c)

Use by a competfor of the information requested to be withheld would reduce the competfor's expend[ure of resources, or improve its competitive pos[ion, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(d)

The information requested to be W[hheld reveals cost or price information, production capabilities, budget levels, or commercial strategies ofNuScale.

(e)

The information requested to be withheld consists of patentable ideas.

(3)

Public disclosure of the information sought to be w[hheld is likely to cause substantial harm to NuScale's compet[ive position and foreclose or reduce the availabil[y of profit-making opportunities. The accompanying presentation reveals distinguishing aspects about the method by which NuScale develops its non-loss-of-coolant accident evaluation model.

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 compet[ors would have access to the information without purchasing the right to use it or having been required to undertake a similar expend[ure of resources. Such disclosure would consrnute a misappropriation of NuScale's intellectual property, and would deprive NuScale of the opportunity to exercise its compe@ve advantage to seek an adequate return on its imiestment.

(4)

The information sought to be W[hheld is in the enclosed presentation entitled "ACRS Subcommittee Presentation: NuScale FSAR Topical Report - Non-Loss of Coolant Accident (Non-LOCA) (Closed Session)," PM-0220-68851, Revision 0. The enclosure contains the designation "Proprietary" at the top of each page containing proprietary information.

(5)

The basis for proposing that the information be W[hheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies AF-0220-68856 Page 1 of2

upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC§ 552(b)(4), as v.ell as exemptions applicable to the NRC 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 recei\\ied 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 amo'unt 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.

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/zackaryw.Rad AF-0220-68856 Page 2 of2