ML22084A578
| ML22084A578 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, 07000754, 07001113, 07200001, Vallecitos |
| Issue date: | 03/23/2022 |
| From: | Murray S GE Hitachi Nuclear Energy |
| To: | Jack Parrott Reactor Decommissioning Branch |
| Parrott J | |
| Shared Package | |
| ML22084A576 | List: |
| References | |
| M220050 | |
| Download: ML22084A578 (6) | |
Text
GE Hitachi Nuclear Energy
- HITACHI Scott P. Murray Manager, Facility Licens ing Proprietary Information Notice 3901 Castle Ha y ne Road The Enclosures to this Jetter contain Global Nuclear Fuel P.O. Box 780 Amer icas or GE Hitachi Nuclear Energy proprietary information Wilm ington, NC 28402 which is to be withheld from public disclosure in accordance with USA 10 CFR 2.390. Upon removal of the Enclosures, the balance of T (910) 819*5950 this letter may be mode public. scott.murray@ ge.com
Via FedEx
M220050
March 23, 2022
Jack Parrott, Reactor Decommissioning Branch Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852
Subject:
GNF-AIGEH Financial Assurance of Decommissioning Funds-Surety Bond Rider Duplicate Originals
References : 1) NRC License SNM-1 097, Docket 70-1113
- 2) NRC License SNM-2500, Docket 72-01
- 3) NRC License SNM-960, Docket 70 -754
- 4) NRC License DPR-1 (VBWR), Docket 50-18
- 5) NRC License DR-1 0 (EVESR), Docket 50-1 83
- 6) NRC License TR-1 (GETR), Docket 50-70
- 7) NRC License R-33 (NTR), Docket 50-73
- 8) LetterS. P. Murray toT. Naquin (NRC), "GEH/GNF-A Financial Assurance of Decommissioning Funds -Surety Bond Riders, 3/19/19
- 9) LetterS. P. Murray to J. Parrott (NRC), "GEH Financial Assurance of Decommissioning Funds-Surety Bond Riders, 3/30/20 1 0) LetterS. P. Murray to J. Parrott (NRC), "GEH Financial Assurance of Decommissioning Funds-Surety Bond Riders, 4/1/21
- 11) Letter Y. Diaz-Sanabria (NRC) to S. P. Murray (GEH) "NRC Acceptance of the 2020 SNM-2500 DFP Update and Approval of Lowering the Surety Bond Amount ", 1/5/22
- 12) Letter J. Zimmerman (NRC) to S. P. Murray (GEH) " NRC Acceptance of the 2020 SNM-960 DFP Triennial Update and Approval of Lowering the Surety Bond Amount, 3/2/22
Dear Mr. Parrott:
Global Nuclear Fuel-Americas (GNF-A) and GE Hitachi Nuclear Energy Americas, L.L.C (GEH) are providing surety bond riders to update the decommissioning financial assurance amounts for the referenced NRC licenses. Enclosures 1 through 8 to this letter provide supplemental riders to revise the bond amounts. Note that Enclosures 3 and 4 to this letter provide supplemental riders that decrease the bond amounts for NRC Licenses SNM-2500 and SNM-960 (References 2, 3, 11 & 12).
US NRC March 23, 2022 M220050 Page 2 of 2
All other terms and conditions of the bonds remain unchanged.
Please note that the surety bond riders contain proprietary financial information and are requested to be withheld from public disclosure.
If you have any questions concerning this information, please call me at (91 0) 819-5950.
Sincerely, dunfy.~
Facility Licensing ag~-
Attachments 1: GNF-A Affidavit 2: GEH Affidavit
Enclosures:
(Contain Company Proprietary Information)
- 1. NRC License SNM-1 097, Rider effective March 28, 2022 for GNF-A Payment Surety Bond No. 9277999
- 2. NRC License SNM-1 097, Rider effective March 28, 2022 for GNF-A Payment Surety Bond No. 1 06857 483
- 3. NRC License SNM-2500, Rider effective March 28, 2022 for GEH Payment Surety Bond No. 82454298
- 4. NRC License SNM-960, Rider effective March 28, 2022 for GEH Payment Surety Bond No. 2253266
- 6. NRC License DR-1 0 (EVESR), Rider effective March 28, 2022 for GEH Payment Surety Bond No. 2253260
- 7. NRC License TR-1 (GETR), Rider effective March 28, 2022 for GEH Payment Surety Bond No. 2253262
- 8. NRC License R-33 (NTR), Rider effective March 28, 2022 for GEH Payment Surety Bond No. 2253264
Cc J. Rowley, NMSS/DFM/FFLB K. Banovac, NMSS/DFM/STLB
- 0. Siurano, NMSS/DFM/FFLB D. Hardesty, NRR/DANU/UNPL SPM 22-014 US NRC March 23, 2022 M220050 Page 1 of 2
Attachment 1
Global Nuclear Fuel-Americas, LLC AFFIDAVIT
I, Scott P. Murray, state as follows:
(I) I am the Manager, Facility Licensing of Global Nuclear Fuel - Americas, LLC (GNF-A), and have been delegated the function by GNF-A of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Enclosures I and 2 to GEH's letter, M220050, Scott P. Murray to Jack Parrot (NRC), entitled "GNF-A/GEH Financial Assurance of Decommissioning Funds-Surety Bond Riders. GNF-A proprietary information in Enclosures I and 2 is identified by the statement "GNF-A Proprietary Information - Withhold from Public Disclosure Pursuant to 10 CFR 2.390".
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF A relics upon the exemption from disclosure set forth in the Freedom of Information Act (FOIA). 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2:390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes Qf FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory
.Commission. 975 F2d 871 (DC Cir. 1992), and Public Citizen Healtlr Research Group v. FDA. 704 F2d 1280 (DC Cir. 1983).
(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs
( 4 )a. and ( 4 )b. Some examples of categories of information that fit into the definition of proprietary information arc:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its usc by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over GNF-A and/or other companies.
- b. Information that, if used by a competitor, would reduce their expen~iture of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence by GNF-A, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GNF-A, not been disclosed publicly, and not been made available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary and/or conlidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in the following paragraphs (6) and (7).
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. or who is the person most likely to be subject to the terms under which it was licensed to GNF-A.
( 7) The procedure for approval of external release of such a documc n ttypi call y rcq u ires review by the staff man agcr, project manager, principal scientist, or other equivalent authority for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GNF-A arc limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with US NRC March 23, 2022 M220050 Page 2 of 2
a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary and/or confidentiality agreements.
(8) The informatton identified in paragraph (2) above is classified as-proprietary because it contains details of GNF-A' s processes, design and manufacturing facilities.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GNF-A's comprehensive safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GNF-A. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GNF-A's competitive advantage wiil be lost if its competitors arc able to usc the results of the GNF-A experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A of the opportunity to exercise its competitive advantage to seck an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 23rd day of March 2022.
Scott P. Murray Global Nuclear Fuel - Americas LLC
STATE OF NORTH CAROLINA )
)
COUNTY OF NEW HANOVER )
Subscribed and sworn to me, a Notary Public, in and for the State of North Carolina, this 23rd day of March 2022.
MORGAN DATEMA NOTARY ?UBUC State of North Carolina NEW HANOVER COUNlY, NC 22 OQ~j~dff?!J_vrwJ Mj CorMliSsian ExpiniS 4-30-20
My Commission Expires: --~A!Ip~n~'l:..:3~0:;:.,..!:2:.:!0.!:!.22:- ____ _
US NRC March 23, 2022 M220050 Page 1 of 2
Attachment 2
GE Hitachi Nuclear Energy Americas, LLC
I, Scott P. Murray, state as follows:
(I) I am the Manager, Facility Licensing of GE Hitachi Nuclear Energy Americas, LLC (GEH), and have been delegated the function by GEH of reviewing the information described in paragraph (2) which is sought to be withheld. and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Enclosures 3 through 8 to GEH's leuer, M220050, Scou P. Murray to Jack Parrot (NRC), entitled "GNF-A/GEH Financial Assurance of Decommissioning Funds-Surety Bond Riders. GEH proprietary information in Enclosures 3 through 8 is identifred by the statement " GEH Proprietary Information-Withhold from Public Disclosure Pursuant to IO. CFR 2.3 90".
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH relics upon the exemption from disclosure set forth in the Freedom of Information Act (FOIA), 5 USC Sec. 552(b)(4). and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The t:naterial for which exemption from disclosure is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission. 975 F2d 871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F2d 1280 (DC Cir. 1983).
(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. Some examples of categories of information that fit into the definition of proprietary information arc:
a. Information that discloses financial, a process, method, or apparatus, including supporting data and analyses. where prevention of its usc by GEH ' s competitors without license from GEH constitutes a competitive economic advantage over GEH and/or other companies.
- b. Information that, if used 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 of a similar product.
(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submiucd to the NRC in confidence. The information is of a sort customarily held in confidence by GEH and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GEH, not been disclosed publicly, and not been made available in public sources. All disclo sures to third parties, including any required transmiuals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary and/or confidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure arc as set forth in the following paragraphs (6) and (7).
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating compom:nt, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to GEH. Access to such documents within GEH is limited to a "need to know" basis.
(7) The procedure for approval of external release of such a document typically requires review by t~c staff manager, project manager, principal scientisi, or other equivalent authority for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH arc limited to regulatory US NRC March 23, 2022 M220050 Page 2 of 2
bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary and/or confidentiality agreements.
(8) The information identified in paragraph (2) above is classified as proprietary because it contains details of GEH's processes, design and manufacturing facilities.
(9)
- Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GEH's comprehensive safety and technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GEH. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GEH's competitive advantage will be lost if its competitors arc able to usc the results of the GEH experience to normalize or verify their own process or if they arc able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to GEH would be lost if the information were disclosed to the public. Making such information available to competitors without there having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive GEH of the opportunity to exercise its competitive advantage to seck an ade~uate return on its large investment in developing and obtaining lh!!se very valuable analytical tools.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on this 23rd day of March 2022.
GE Hitachi Nuclear Energy Americas, L.L.C.
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Subscribed and sworn to me, a Notary Public, in and for the State of North Carolina, this Brd day of March 2022.
MORGAN DATEMA rf1n$W... Q¥muJ NOTARY PUBLIC State of North Carolina NEW My CornmiSiiOR HANOVER COUNTY. Explm 4*30-2022 NC My Commission Expires: __ __,_A,.,.p,..,n...,"l,_,3"-'0<.1,_,2""0..,22,._ __ _