ML22164A868
| ML22164A868 | |
| Person / Time | |
|---|---|
| Site: | 99902052 |
| Issue date: | 06/15/2022 |
| From: | Carolyn Lauron NRC/NRR/DNRL/NRLB |
| To: | Volkoff J NuScale |
| Lauron C, 301-415-2736 | |
| References | |
| Download: ML22164A868 (4) | |
Text
June 15, 2022 Mr. John Volkoff, Manager, Combined License Applications NuScale Power, LLC Carbon Free Power Project 155 North 400 West, Suite 480 Salt Lake City, UT 84103
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- CARBON FREE POWER PROJECT REGULATORY ENGAGEMENT PLAN
Dear Mr. Volkoff:
By letter dated January 28, 2022, you submitted an affidavit dated January 28, 2022, requesting that the information contained in the submittal be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):
Carbon Free Power Project (CFFP) Regulatory Engagement Plan1 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the one or more reasons set forth in affidavit paragraph (2), and in affidavit paragraph (3) as shown below:
(2)(a) The information requested to be withheld reveals distinguishing aspects of a process (or component, structure, tool, method, etc.) whose use by NuScale competitors, without a license from NuScale, would constitute a competitive 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 of the data secures a competitive economic advantage, as described more fully in paragraph 3 of this Affidavit.
(c) Use by a competitor of the information requested to be withheld would reduce the competitors expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
1 Letter from J. Volkoff to NRC, NuScale Power, LLC Letter of Intent Providing the Carbon Free Power Project (CFPP) Combined License Application (COLA) Response to NRC Regulatory Issue Summary 2020-02 and Regulatory Engagement Plan, dated January 28, 2022. Agencywide Document Access and Management System Accession No. ML22028A276.
(d) The information requested to be withheld reveals cost or price information, production capabilities, budget levels, or commercial strategies of NuScale.
(e) The information requested to be withheld consists of patentable ideas.
(3) Public disclosure of the information sought to be withheld is likely to cause substantial harm to NuScales competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying report reveals distinguishing confidential, preliminary and/or predecisional aspects of NuScales licensing strategy.
The precise value (loss) resulting from public disclosure of the information is difficult to quantify, but it is sensitive information related to NuScales licensing strategy and, therefore, has substantial value to NuScale.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the Carbon Free Power Project (CFFP) Regulatory Engagement Plan marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 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, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS).
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. You also should understand that the NRC 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 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 at 301-415-2736.
Sincerely,
/RA/
Carolyn L. Lauron, Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No: 99902052 cc: Scott Head, CFPP
ML22164A868 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB: LA NAME CLauron SGreen DATE 06/13/2022 06/14/2022 OFFICE NRR/DNRL/NRLB: BC NRR/DNRL/NRLB: PM NAME MDudek CLauron DATE 06/14/2022 06/15/2022