ML22258A055
| ML22258A055 | |
| Person / Time | |
|---|---|
| Site: | 99902052 |
| Issue date: | 09/16/2022 |
| From: | Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB |
| To: | Volkoff J NuScale |
| Tabatabai-Yazdi O, 301-415-6616 | |
| References | |
| EPID L-2017-LRM-0013 | |
| Download: ML22258A055 (6) | |
Text
September 16, 2022 Mr. John Volkoff Manager, Combined License Applications NuScale Power, LLC 1100 NE Circle Boulevard, Suite 200 Corvallis, OR 97330
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- NUSCALE POWER, LLC SUBMITTAL OF PRESENTATION MATERIALS ENTITLED CARBON FREE POWER PROJECT COMBINED LICENSE APPLICATION PRESENTATION PROPOSED LICENSING APPROACH TO FACILITATE CARBON FREE POWER PROJECT EARLY CONSTRUCTION, (CLOSED SESSION), PM-125009-P, REVISION 0
Dear Mr. Volkoff:
By letter dated September 8, 2022, you submitted an affidavit dated September 8, 2022, requesting that the information contained in the following document 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 (CFPP) Combined License Application (COLA)
Presentation Proposed Licensing Approach to Facilitate CFPP Early Construction (Closed Session) PM-125009-P, Revision 01 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (2) and (3) shown below:
(2)(a) 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.
(b) The information requested to be withheld reveals cost or price information, production capabilities, budget levels, or commercial strategies of NuScale.
(3) Public disclosure of the information sought to be withheld is likely to cause substantial harm to CFPP's competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying submittal reveals 1 Letter from J. Volkoff to NRC, NuScale Power, LLC Submittal of Presentation Materials, Entitled Carbon Free Power Project (CFPP) Combined License Application (COLA)
Presentation Proposed Licensing Approach to Facilitate CFPP Early Construction (Closed Session) PM-125009-P, Revision 0, dated September 8, 2022. Agencywide Document Access and Management System Accession No. ML22251A402.
distinguishing confidential and pre-decisional aspects of NuScales licensing strategy.
The precise financial value (loss) resulting from public disclosure of the information is difficult to quantify, but it is sensitive information related to NuScales commercial strategy and, therefore, has substantial value to NuScale.
If the information were disclosed to the public, NuScale's competitors would have access to the information without purchasing the right to use it or having been required to undertake a similar expenditure of resources. Such disclosure would constitute a misappropriation of NuScale's intellectual property, and would deprive NuScale of the opportunity to exercise its competitive advantage to seek an adequate return on its investment.
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 NuScale Power, LLC submittal of presentation materials entitled NuScale Power, LLC Submittal of Presentation Material Entitled Carbon Free Power Project (CFPP) Combined License Application (COLA) Presentation Proposed Licensing Approach to Facilitate CFPP Early Construction (Closed Session) PM-125009-P, Revision 0, marked as proprietary and submitted for discussion during a meeting on September 13, 2022, 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.
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) 415-6616.
Sincerely,
/RA/
Omid Tabatabai, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 99902052 cc: Distribution via CFPP Listserv
- via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB: LA NRR/DNRL/NRLB:BC NRR/DNRL/NRLB: PM NAME OTabatabai*
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OTabatabai*
DATE 9/15/2022 9/15/2022 9/16/2022 9/16/2022 Page 1 of 2 Carbon Free Power Project Preapplication Mailing List (Revised 08/17/2022) cc:
Mason Baker Chief Legal Officer and General Counsel, UAMPS 155 North 400 West, Suite 480 Salt Lake City, UT 84103 Matthew Featherston COLA Licensing Lead, Fluor 100 Fluor Daniel Drive, Center 1 Greenville, SC 29607 Mr. Scott Head Regulatory Affairs Manager, CFPP, LLC 155 North 400 West, Suite 480 Salt Lake City, UT 84103 Shawn Hughes Project Director, CFPP, LLC 155 North 400 West, Suite 480 Salt Lake City, UT 84103 Glenn J. Neises Nuclear Director, Burns & McDonnell 9400 Ward Parkway Kansas City, MO 64114 John Volkoff NuScale Power, LLC Carbon Free Power Project 155 North 400 West, Suite 480 Salt Lake City, UT 84103 Eric Woods COLA Project Manager, Fluor 1 Fluor Daniel Drive Sugar Land, TX 77478 Page 2 of 2 Carbon Free Power Project Preapplication Mailing List Email eric.woods@fluorgov.com (Eric Woods) gneises@burnsmcd.com (Glenn J. Neises) jvolkoff@nuscalepower.com (John Volkoff) kperkins@nuscalepower.com (Kyra Perkins)
LicensingCFPP@nuscalepower.com (CFPP Licensing mailbox for all correspondence) mason@uamps.com (Mason Baker)
Matthew.Featherston@fluorgov.com (Matthew Featherston) sbaughn@nuscalepower.com (Susan Baugh) scott.head@cfppllc.com (Scott Head) shawn@cfppllc.com (Shawn Hughes) tcohen@nuscalepower.com (Tamela Cohen)