ML22031A060
| ML22031A060 | |
| Person / Time | |
|---|---|
| Site: | 07007004 |
| Issue date: | 01/24/2022 |
| From: | Karen Fitch American Centrifuge Operating |
| To: | John Lubinski Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| ACO 22-0008 | |
| Download: ML22031A060 (8) | |
Text
Security-Related Information - Withhold Under 10 CFR 2.390.
Export Controlled Information and Proprietary Information
- \:C.~ntrus Fueling the Future of Nuclear Power January 24, 2022 ACO 22-0008 ATTN: Document Control Desk Mr. John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 American Centrifuge Plant Docket Number 70-7004; License Number SNM-2011 Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American ,
Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALED Demonstration INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM PUBLIC DISCLOSURE AS CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION AND/OR TRADE SECRETS PURSUANT TO 10 CFR 2.390(d)(l)
AND INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM DISCLOSURE PURSUANT TO 10 CFR PART 810
Dear Mr. Lubinski:
Pursuant to 10 Code of Federal Regulations (CFR) 70.72(d)(3), American Centrifuge Operating, LLC (ACO) hereby submits to the U.S. Nuclear Regulatory Commission (NRC) changed pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant as Enclosure 1 and changed pages of Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration as Enclosure 2 of this letter. Changes from the previous submittals transmitted to the NRC are designated with revision bars in the right-hand margin. The changes noted in Enclosures 1 and 2 have been reviewed in accordance with 10 CFR 70.72 and have been determined not to require prior NRC approval.
Enclosures 1 and 2 contain Proprietary Information and ACO requests these enclosures be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4). An affidavit required by 10 CFR 2.390(b)(l)(ii) is provided as Enclosure 3. Enclosures 1 and 2 also contain Security-Related Information; therefore, ACO requests this enclosure be withheld from public disclosure pursuant to 10 CFR2.390(d)(l). In accordance with the guidance provided by the U.S. Department of Energy, Enclosures 1 and 2 contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR Part 810.
Documents transmitted herewith contain Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is uncontrolled American Centrifuge Operating, LLC 3930 U.S. Route 23 South - P.O. Box 628 Piketon, OH 45661
Security-Related Information- Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information Mr. John W. Lubinski January 24, 2022 ACO 22-0008, Page 2 If you have any questions regarding this matter, please contact me at (740) 897-3859.
Sincerely,
~/jr41 Kelly L. Fitch Regulatory Manager
Enclosure:
As Stated cc: Y. Paraz, NRC HQ N. Pitoniak, NRC Region II L. Pitts, NRC Region II J. Tobin, NRC HQ
- R Womack, NRC Region II T. Vukovinsky, NRC Region II Documents transmitted herewith contain Security-Related Information- Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is uncontrolled.
of ACO 22-0008 Affidavit
AFFIDAVIT OF LARRY B. CUTLIP SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN INFORMATION PROVIDED TO NRC IN LETTER ACO 22-0008 I, Larry B. Cutlip, of American Centrifuge Operating, LLC (ACO), having been duly sworn, do herby affirm and state:
- 1. I have been authorized by ACO to (a) review the information owned by ACO which is referenced herein relating to ACO's Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration as described in letter ACO 22-0008, which ACO seeks to have withheld from public disclosure pursuant to section 147 of the Atomic Energy Act (AEA), as amended, 42 U.S.C. § 2167, and 10 CFR 2.390(a)(4), and 9.17(a)(4), and (b) apply for the withholding of such information from.public disclosure by the Nuclear Regulatory Commission (NRC) on behalf of ACO.
- 2. Consistent 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 withheld from public disclosure should be withheld.
- 1. The information sought to be withheld from public disclosure is owned and has been held in confidence by ACO.
- 11. The information is of a type customarily held in confidence by ACO and not customarily disclosed to the public. ACO has a rational basis for determining the types of information customarily 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 application 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 confidence if it falls in one or more of
several types, the release of which might result in the loss of an existing or potential
- competitive advantage, as follows:
a) The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where presentation of its use by any of ACO's competitors without license from ACO constitutes a competitive economic advantage 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 optimization or improved marketability).
c) Its use by a competitor would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
d) It reveals cost or price information, production capacities, budget levels, 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 be desirable.
g) It reveals information concerning the terms and conditions, work performed, administration, performance under or extension of contracts with its customers or suppliers.
iii. There are sound policy reasons behind the ACO system which include the following:
a) The use of such information by ACO gives ACO a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the ACO competitive position.
b) It is information, which is marketable in many ways. The 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 resources at ACO expense.
d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors*
acquire components or proprietary information, any one component may be the key to the entire puzzle, thereby depriving ACO of a competitive advantage.
e) Unrestricted disclosure would jeopardize the position of prominence of ACO in the world market, and thereby give a market advantage to the competition of those countries.
f) The ACO capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
- iv. The information is being transmitted to the Commission in confidence and, under the
- provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.
- v. The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
- 3. The proprietary information sought to be withheld is contained within Enclosures 1 and 2 of letter ACO 21-0008. Enclosure 1 provides changed pages to LA-3605-0003, Integrated Safety Analysis Summary for the American Centrifuge Plant. Enclosure 2 provides changed pages to LA-3605-0003A, Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration. These enclosures provide detailed descriptions, diagrams and process related information to the deployment of ACO's high-assay low enriched uranium (HALEU) enrichment Plant; therefore, determined to be proprietary. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of ACO because it may enhance the ability of competitors to position and provide similar products.
Moreover, disclosure of this 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 information has substantial commercial value as follows:
- The development of the information described in part is the result of applying many hundreds of person-hours and the expenditure of thousands of dollars on design and analysis activities to achieve the information that is sought to be withheld; and
- In order for a competitor of ACO to duplicate the information sought to be withheld, a similar process would have to be undertaken and a significant effort and resources would have to be expended.
Further the deponent sayeth not.
Larry B. Cutlip, having been duly swo rn, hereby confinns that I am the Sen ior Vice President, Field Operations of American Centrifuge Operating, LLC, that I am auth orized on behalf of ACO to review the info11?-IBtion atta ched hereto and to sign and file with the U.S. Nuclear Regulatory Commission this affidavit and the attachments hereto, and that the state ments made and matters set forth herein are true and corr ect to the best of my knowled&e, informa tion, and belief.
~
On this 24th day of January 2022, Larry B. Cutlip personally appeared before me, is known by me to be the person whose name is subs cribed to within the instrument and ackn owledged that he executed the same for the purposes ther ein contained.
In witness hereof I hereunto set my hand and official seal.
KathyRic;her State of Tennessee Notary Public Anderson County My commission ends October 26, 202 4