ML20290A264
| ML20290A264 | |
| Person / Time | |
|---|---|
| Site: | 99900003 |
| Issue date: | 11/17/2020 |
| From: | Rani Franovich NRC/NRR/DNRL/NRLB |
| To: | Michelle Catts GE-Hitachi Nuclear Energy Americas |
| Franovich, R L | |
| References | |
| Download: ML20290A264 (4) | |
Text
November 17, 2020 Ms. Michelle Catts Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC.
P.O. Box 780, M/C A-18 Wilmington, NC 28402 USA
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR GE-HITACHI NUCLEAR ENERGY AMERICAS, LLC.
Dear Ms. Catts:
By letters to the U.S. Nuclear Regulatory Commission (NRC) included in the list below, GE-Hitachi Nuclear Energy Americas, LLC (GEH) requested that the information included within the letters, or as an enclosure to the letters, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
Letter Number and Date Subject Package Accession Number Affidavit M200027 February 20, 2020 Presentation Slides for Pre-Application Meeting for Planned Submittal of GE-Hitachi BWRX-300 Selected Topical Reports ML20260H050 ML20260H053 M200054 March 31, 2020 Pre-Application Submittal of NEDC-33911P, BWRX-300 Containment Performance Licensing Topical Report ML20091S340 ML20091S371 M200055 March 31, 2020 Pre-Application Submittal of NEDC-33912P, BWRX-300 Reactivity Control Licensing Topical Report ML20092A016 ML20092A032 M200090 June 26, 2020 Response to Request for Additional Information (eRAI) 9745 for Licensing Topical Report NEDC-33911P, Revision 0, BWRX-300 Containment Performance ML20178A705 ML20178A709 M200096 July 24, 2020 Responses to Requests for Additional Information (eRAIs) 9746, 9760, 9764, 9765, 9766, and 9767 for Licensing Topical Report NEDC-33911P, Revision 0, BWRX-300 Containment Performance ML20206L386 ML20206L395 M200100 July 31, 2020 Response to Request for Additional Information (eRAI) 9758 for Licensing Topical Report NEDC-33911P, Revision 0, BWRX-300 Containment Performance ML20213C742 ML20213C746 M200099 August 3, 2020 Response to Request for Additional Information (eRAI) 9761 for Licensing Topical Report NEDC-33912P, Revision 0, BWRX-300 Reactivity Control ML20216A748 ML20216A753
Letter Number and Date Subject Package Accession Number Affidavit M200121 September 4, 2020 Pre-Application Submittal of Supplement 1 of NEDC-33911P, BWRX-300 Containment Performance Licensing Topical Report ML20248H570 ML20248H574 M200122 September 4, 2020 Pre-Application Submittal of Supplement 1 of NEDC-33912P, BWRX-300 Reactivity Control Licensing Topical Report ML20248H540 ML20248H545 The affidavits state that the submitted information should be considered exempt from disclosure as set forth in the Freedom of Information Act, the Trade Secrets Act and the NRCs regulations because it is proprietary as defined below:
- a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs competitors without license from GEH constitutes a competitive economic advantage over other companies;
- b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;
- c.
Information which reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential products to GEH;
- d.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The NRC staff reviewed the material in accordance with the requirements of 10 CFR Section 2.390. In NEDC-33911P, Revision 0, BWRX-300 Containment Performance Licensing Topical Report, and NEDC-33912P, Revision 0, BWRX-300 Reactivity Control Licensing Topical Report, the NRC staff identified proprietary markings around information that, on its face, did not appear to be proprietary. I raised the matter with your staff, who in turn agreed to reconsider the markings for both submittals. Subsequently, supplemental submittals identified information that had been reclassified as non-proprietary in their respective revision summaries.
The NRC staff appreciates your efforts in furtherance of the Openness Principle of Good Regulation. Based upon the statements in the affidavit, we have determined that the submitted material, sought to be withheld, contains proprietary commercial information and should be withheld from public disclosure. In addition, non-proprietary information has been appropriately declassified in Supplement 1 of NEDC-33911P, Revision 0, BWRX-300 Containment Performance Licensing Topical Report, and Supplement 1 of NEDC-33912P, Revision 0, BWRX-300 Reactivity Control Licensing Topical Report. Therefore, versions of the submitted information marked as proprietary have been withheld from public disclosure pursuant to 10 CFR Section 2.390(b)(5) and 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 our consultants working in this area. The NRC staff will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future, such that the information could then be made available for public inspection, you should promptly notify the NRC staff. You also should understand that the NRC staff may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC staff makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached via e-mail at Rani.Franovich@nrc.gov.
Sincerely,
/RA/
Rani Franovich, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 99900003 cc:
ListServe GEH BWRX-300 NEDC-33911P ListServe GEH BWRX-300 NEDC-33912P
- via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB: LA NRR/DNRL/NRLB: PM NAME RFranovich CSmith*
RFranovich (signed)
DATE 10/15/2020 10/20/2020 11/17/2020