ML20301A436

American Centrifuge Plant, Response to Requests for Additional Information Related for American Centrifuge Operating, Llc'S License Amendment Request

ML20301A436
Person / Time
Site:	07007004
Issue date:	10/14/2020
From:	Wiehle K American Centrifuge Operating, Centrus Energy Corp
To:	John Lubinski Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
ACO 20-0036, EPID L-2020-LLA-0085
Download: ML20301A436 (9)

Text

Security:_ Related Information - Withhold Under 10 CFR 2.390 Official Use ,Only, and Proprietary Information

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• Fueling the futllre

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• of Nuclear 'Power October 14, 2020 ACO 20-.0036 A TIN: DO£µm~nt Control Desk Mr. John W. Lubinski, Director, Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission

• Washington; DC 20555-0001 ,

American *centrifuge Plant; Docket Num~er 70-7004; License Number SNM-2011 gesponse to*Requests for Additional Information Related for American Centrifuge Operatin~

LLC's License Amendment Request (Enterprise Project Identification Number: L-2020-LLA-0085) ,

INFORMATION TRANSMI'ITED'HEREWITH IS PROTE.CTED FROM PUBLIC DISCLOSURE AS CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION

,AND/OR ~ E SECRETS PURSUANT TO 10 CFR 2.390 AND 9.1 ?(a)(4)

Dear Mr. Lubinski:

, , } , , I The purpose of .this -lytter is to provide s.upplemental proposed changes to the U.S. Nucl~

Regulatory Commission (NRC) for review and approval to a4dress requests for additional information (RAis) for American Centrifuge Operating, LLC's (ACO's) License Amendment Requests* for the License Application and Supporting Documents. *

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On April 22, 2020 (Reference 1) and May 7, 2020.(Reforence 2), ACO's License Amendment Requests fol'. the High *Assay Low Enriched Uranium (HALED) DemonstratioD: Program were submitted to the NRC for review and approval. On September 11, 2Q20 (Reference 3), NRC issued formal RAls for these°License_Amendmep.t Requests and ACO's r:esponse~rare bein~ provided as Enclosures 1, 2, and 3, respectively. , , . * . * . .

- Enclosure 4 provides_ supplemental proposed-changes to LA-3605-0001, License Application for the American Centrifage.Platzt. Enclosure 5 provides proposed changes to NR-3605-0003, Quality Asswance Program Description or the American Centrifuge Plant. Endo~ . 6 provides supplemental proposed changes to A_ppeJ?,dix -D of LA-3605-0001. Enclosure 7 provides

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Document/matter ~nsmitted contains Security- Related Informa":on - Withhold U,nder 10 CFR 2.390 /-..

• Official Use Only, and ~roprietary Information  : . ,A I5" S 2-u When separa~ from enclosures, this ~ver letter is uncontrolled._ *. .(\) I.._,/

American Centnfuge Operating, LLC ,

3930 U.S Route 23 South - P.O Box 828 Piketon, OH 45861 .

Security - Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information, ~fflcial Use Only, and Proprietary Information Mr. John W. Lubinski October 14, 2020 ACO 20-0036, Page 2 supplemental proposed changes to Appendix F of LA-3605-0001. Proposed changes from the previously submitted documents are noted with 'revision bars in the right-hand.margin. The detailed description,justification, and ACO's significance determination submitted by Reference 1 remains unchanged. * *

• Oi;t May 19, 2020* (Reference 3), ACO submitted reference material in support of the HALEU Demonstration Program License Amendment Requests, specifically providing DAC-3901-0005 entitled Evaluation ofNo Need for an'Emergency Plan for the HALEU Demonstration, to the NRC

• for review..DAC-3901-0005 is being revi~ to addre~s the RAis and wUl be transmitted uitder a separate cover letter (ACO 20-0040).

Corresponding proposed changes to LA-3605-0003, Integrated Safety Arialysis (ISA) Summary for the American Centrifuge Plant, and LA-3605-0003A, Addendu11J 1 ofthe Integrated Safety Analysis (IsA) Summary for the American Centrifuge Plant*- HALEU Demonstration are being prepared according to the enclosed RAJ responses contained in Enclosure 2 and will be provided under separate cover letter (ACO 20.:.0039).

Enclosures 3 and 7 con~ Proprietary and ACO requests these 'enclosures be withheld from public disclosure pursuant to 10 Code ofFederal Regu/atio-,is (CFR) 2.390(a)(4). An affidavit required by 10 CFR 2.390(b)(l)(ii) is provided as Enclosure 8.

Enclosures 2, 3, and 6 contain Security-Related Information, and in accordance with .the guidance provided by the U.S. Department of Energy (DOE), Enclosures 2, 3, and 7, also contain Official Use Only information.. Therefore, ACO requests these* enclosures be withheld from public disclo"sure pursuant to lO'CFR 2.390(d)(l). . .

If you have any questions regarding this matter~ please contact ine at (740) 897-3859.

Sincerely; t,n;/J~

Kelly L. Wiehle Regulatory* Manager

Enclosures:

As Stated

References:

1. ACO 20-0010 from K. Wiehle to J. Lubinski (NRC) regarding License Amendment Request for American Centrifuge Operating; LLC's License Application arid Supporting Documents for the American Centrifuge Plant, dated' April 22, 2020 '

• Document/matter transmi<<M coniaJJis Security- Related Information - Withhold Under 10 CFR 2.390 *

• Official'Use Only, and Proprietary Information . .

When separated from enclosures, this cover letter is uncontrolled.

Security Related Information - Withhold Under 10 CFR 2.390 Official Use Only, and Proprietary Information Mr. John W. Lubinski October 14, 2020 ACO 20-0036~ Page 3

2. ACO 20-0014 from K. *Wiehle to J. Lubinski (NRC) regarding (U) License Amendment Request for American Centrifuge Operating, LLC' s American Centrifuge Plant, dated May 7,2020 *

3. ACO 20-0016 from K. Wiehle to J. Lubinski (NRC) regarding Submittal of Reference Material in Support of License Amendment Request for the* American Centrifuge Plant,

• dated May 19, 2020 .

• 4. NRC letter from Y. Faraz to K. Wiehle (ACO) regarding Request for Additional Information Regarding Centrus Energy Corp. American Centrifuge Operating American Centrifuge Plant High Assay Low Enriched Uranium Program Amendment (Enterprise Project Identification Number: L-2020-.LLA-0085), dated September 11, 2020 ,.J cc (without e:1closures, unless otherwise noted):

B. Brown~ NE-ORI, NE-ORSO Y. Faraz, NRC HQ (Enclosures)

S. Greene, NE-32, NE S. Barlow, DOE NE J. Hutson, Pro2Serve (CONTR), NE M. McCune, NE-ORI, NE-ORSO J. Munson, NRC Region II N. Pitoniak, NRC Region Il

. L. Pitts, NRC Region Il (Enclosures)

K. Shears, DOE OR A. Smith, NRC HQ E. St. Clair, Pro2Serve (CONTR), NE R Womack, NRC Region II T. Vukovinsky;NRC Region Il Security- Related Information - Withhold Under JO CFR 2.39Q.

• Official Use Only, and Proprle~ry Information When separated from enclosures, this cover letter is uncontrolled.

Enclosure 8 of ACO 20-0036 Affidavit Information Contained Within Does Not Contain Export Cop.trolled Information Reviewing Official* #1014 .

Date: 10/14/2020

AFFIDAVIT OF LARRY B. CUTLIP SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN INFORMATION PROVIDED TO NRC IN LETTER ACO 20-0036

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. I, Larry R Cutlip; of American Centrifuge Operating, LLC (ACO), having been duly sworn, do herby_affirm and.state:

1. I have ~n authorized by AC9 to. (a) revie~ th~ information own.ed by ACO which is referenced

• • p.erein relating to ACO's responses to the U.S. N~clear Regulatory Commission's (NRC) request

• for additional information (RAls) in relation to the License Amendment Requests for the High

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Ass8:y Low Enriched Uranium (HALED) Demonstration Program (NRC Materia,ls License SNM--

2011) as the described in letter :ACO 20-0036, which ACO seeks to have wit:Qheld from public disclosure pursuant to section 147 of the Atomic Energy Act (AEA), as amended, 42 U.S.C. §

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21'67, and 10 CFR 2.390(aX4), and* 9.l 7(a)(4), and (b) apply for the withholding of such

, *information from public disclosure by'the ~uclear Regul~ry-Commission (NRC) on behalf of ACO.

2. ~onsistent with the provisions of 10 CFR 2.390(b)(4) of the Commission's regulations, the following is furnished for consideration by* the Commission in *determining whether *the

• information sought to be ~th.held from public disclo*sure s)iould be withheld.

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1. The information *sought to.be withheld from public disclo~ure is owned and*b,as been held in confidence by ACO.

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11. The information is, of a type customarily' held 'in confidence by ACO' and not customarily I , ' f I

• _disclosed to the public. ACO has a rational basis.for determining the types of mt:ormation 9us:tomarily held in confidence by* it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The applicatio~ of that system-and the substance of that system constitute ACO policy and provide the rational basis

required. Under that system, information is held in conjidence if it falls in 01i.e or more of seyeral typ~, the release of which mig4t result in th~ loss of an existing or p9tential I  :

con;ipetitive advantage, as follows:,

a) The information reveals the distinguishing aspects of a process (or component, structure, tool, ineth~ etc.) where presentation of its use by any of ACQ's competitors without license frmn ACO co~tutes a competitive economi~. advan~e over other companies.

b) It consists of supporting data; including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data: secures a competitive economic advantage (e.g., by op~mizatio~ or improved marketability).

C) ' Its use by a competitor' would reduce their expenditure of resources or improve their ' '

competitive position in the desigp.; manufacture, shipment, installation, assuran~ of quality, or licensing a similar product I

I d) It reveals cost or price information, p~uction. capacities, budget level~, or commercial strategies of Aco, its customers or suppliers. .

e) It reveals aspects of past, present,)or future ACO or customer funded development plans

. and programs of potential commercial value to ACO.

• f) It contains patentable ideas, for which patent protection may pe desirable.

• g) It reveals. 'info~on concerning the terms and condjtions,. work . performed,

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• adroil)istratibn, performance un~er or extension of ~ntracts.' with its customers or

' suppliers.

, ** . iii. There are sound.policy reaso~ behind the ACQ system*whicJ:i. include the following:.

a) The use of such j,nformation by ~CO* gives AC<? ~ competitive advantage over i~

,, , l competitors. It is, therefore, 'Vithheld from disclosure to protect the ACO competitive

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position.

b)' It is info~on,* which* is. marketable in many ways. Tu~ extent to* which such information is available to competitors diminishes ACO's ability to sell products and services involving the use of the information.

c) Use by our competitors would. put ACO at a competitive disadvantage by reducing their expenditure of resour~s at ACO expe~.

d). Each component of propri¢rry information pertinent to *'a -particular competitiye advan~e is potenti~y ~ valuable as the total co:rp.petitive advantage. If competitors acquire components or proprietary information, any one compop.ent may be the key to the

- entire puzzle, thereby depriving ACO of a competitive advantage.

e) l!UTI?stricted disclosm:e would jeopardize the p<;>sition of prominence of A~O 'in the world

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market, and thereby give a _market advantage to the competition of tho~ co~~es .

. f) The ACO cap~ity tq invest corporate assets in research and development depends upon the su~s in obtaining anci'maintaining a competitive adv8:Iltage.

iv. The information is being transmitted to the -Commission in confidence an'4 under the provisions of 10 CfR Section 2.390, it is to be received in confidence by the Commission.

.\ v. 1:be information sought .to be* protected js not av~able in public sources or available information has*not been previous!~ employed in the same original manner or method~ the best of our ~owledge and belief.

• 3 .. The proprieticy information s~ught to b~ withheld is contained within

Enclosures:

3and 7 ofletter ACO 20-0036. Enclosure 3 provides ACO's responses to the NRC's request for additional.

-* : iri:formation regarding' ACO's evaluatio~ of no need for an Emergency Plan. En~losure 7 prov~des prpposed changes to Appendix F referenced within Chapter 5.0 of LA-3605-0001, License Application for the Americm,i Centrifuge .Plant. '!liese encJosures pr9vide detailed .

computer calculations and analysis supporting the deployment of ACO's*HALEU Demonstration

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J Program and American Centrifuge Plant; therefore, determined to be proprietary.

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Public disclosure of

. this proprietary information is likely to cause subs1;antial harm to* the competitive position of ACO because it may enhance the ability of competitors to position and provide similar products. Moreover, disclosure ofthis information may provide insights into the

. , . design of ACO' s American Centrifuge technology, including structures, systems, and components categorized as Export Controlled Information.

Further, this info~on has substantial:commercial value as follows:

• The development of the information described in part is the result of applying many h1mdreds

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• I of pei;-son-hours and the expenditure of thousands of dollars on design and analysis activities

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to achieve the information that is sought to be withheld;. and

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• In order for a competitor of .ACO to duplicate the.information sought t~ ~ withheld, ~ s ~

• process. would have to be 1mdertaken and a sigrrificant effort and r~urces ~ould have to be expended.

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Further the deponent sayeth not.

Larry B. Cutlip, having been duly sworn, hereby confirms that I am the Senior Vice President, Field Operations of American Centrifuge Operating, LLC, that I am authorized on behalf of ACO to review the information attached hereto and to sign and file with the U.S. Nuclear Regulatory Commission this affidavit and the attachments hereto, and that the statements made and matters set forth herein are true and correct to the best of my knowledge, information, and belief.

On this 8th day of October 2020, Larry B. Cutlip personally appeared before me, is known by me to be the person whose name is subscribed to within the instrument and acknowledged that he executed the same for the purposes therein contained.

In witness hereof I hereunto set my hand and official seal.

Robin Yochum ROBIN YOCHUM State of Ohio Notary Notary Public - 8tBt8 al Dlllo My commission ends February 6, 2022 My Commission Expires February°" e? oa1