ML22243A278

Attachment 8: Affidavit in Accordance with 10 CFR 2.390

ML22243A278
Person / Time
Site:	Holtec
Issue date:	08/31/2022
From:	Manzione K Holtec
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
Shared Package
ML22243A269	List: ML22243A270 ML22243A272 ML22243A274 ML22243A278
References
5014949, EPID L-2021-LLA-0039, CAC 001028
Download: ML22243A278 (5)

Text

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390

I, Kimberly Manzione, being duly sworn, depose and state as follows:

(1) I have reviewed the informa tion described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.

(2) The information sought to be withheld is Attachments 1, 3, 5, 6, and 7 to Holtec Letter 5014949, which contain Holtec Proprietary information.

(3) In making this application for withholding of proprietary i nformation of which it is the owner, Holtec In ternational relies 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for whi ch exemption from disclosure is here sought is all "confidential commercial information",

and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purpos es of FOIA Exemption 4 in, respectively, C ritical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Cit izen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).

1of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390

(4) Some examples of categories of information which fit into t he definition of proprietary information are:

a. Information that discloses a p rocess, method, or apparatus, inc luding supporting data and analyses, where prevention of its use by Ho ltec's competitors without license from Holtec International constitut es 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 cost or price information, production, capacities, budget levels, or com mercial strategies of Holtec International, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or futur e Holtec International customer-funded de velopment plans and programs of potential commercial value to Holtec International;

e. Information which discloses patentable subject matter for wh ich it may be desirable to obtain patent protection.

The information sought to be withheld is considered to be propr ietary for the reasons set forth in paragraphs 4.a and 4.b above.

(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (inc luding that compiled from many sources) is of a sort customarily held in confidence by Holtec Internationa l, 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 Holtec International. No public disclosure has been made, and it is no t available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursu ant to

2of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390

regulatory provisions or proprietary agreements which provide f or maintenance of the information in confidence. Its initial desig nation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec Inte rnational is limited on a "need to know" basis.

(7) The procedure for approval o f external release of such a document typically requires review by the staff manager, project manager, principa l scientist or other equivalent authority, by the manager of the cognizant mar keting function (or his designee), and by the Legal Operation, for tec hnical content, competitive effect, and determination of the accuracy of the pr oprietary designation. Disclosures outside Holtec International are limit ed to regulatory bodies, customers, and potential customers, and thei r agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in a ccordance with appropriate regul atory provisions or proprietary agreements.

(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec Internatio nal. This information is classified as pr oprietary because it contains de tailed descriptions of analytical approaches and methodologies not ava ilable elsewhere. This information would provide other parties, includ ing competitors, with information from Holtec International's techn ical database and the results of evaluations performed by Holtec Internationa l. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a compet itor's position because it would enable Holtecs competitor to copy ou r technology and offer it for sale in competition with our company, causing us financial injury.

3of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390

(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec Inte rnational's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original deve lopment cost. The value of the technology base goes beyond the extensiv e physical database and analytical methodology, and includes development o f the expertise to determine and apply the appropriate evaluation process.

The research, development, engin eering, and analytical costs comprise a substantial investment of time and money by Holtec International.

The precise value of the expertis e to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, bu t it clearly is substantial.

Holtec International's competitive advantage will be lost if it s competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equ ivalent understanding by demonstrating th at they can arrive at the same or similar conclusions.

The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such informati on available to competitors without their havi ng been required to undertake a similar expenditure of resources would unfairly provide competitors wit h a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large i nvestment in developing these very valuable analytical tools.

4of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390

STATE OF NEW JERSEY )

) ss:

COUNTY OF CAMDEN )

Kimberly Manzione, being duly sworn, deposes and says:

That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.

Executed at Camden, New Jersey, this 31 st day of August, 2022.

f~ one Licensing Manager Holtec International

Subscribed and sworn before me this~ day of ¥, 2022.

C2

Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES JANUARY 17, 2027

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