ML22264A325
| ML22264A325 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, Vallecitos |
| Issue date: | 09/21/2022 |
| From: | Martinez C GE Hitachi Nuclear Energy |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML22264A324 | List: |
| References | |
| M220122 | |
| Download: ML22264A325 (7) | |
Text
10CFR50.82(a)(4)
GEHitachiNuclearEnergy
CarlosMartinez
ProprietaryInformationNotice
SiteManager,VallecitosNuclearCenter
Enclosure 1 to this letter contains GEHitachi Nuclear Energy 6705VallecitosRoad
M220XXX proprietary information to be withheld from public disclosure in Sunol,CA94586
USA
accordance with 10 CFR 2.390. Upon removal of Enclosure 1 the
balanceofthislettermaybemadepublic. T9254959173
Carlos1.Martinez@ge.com
M220122
September 21, 2022 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555-001
Subject:
Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report
References:
- 1) NRC License DPR-1, Vallecitos Boiling Water Reactor (VBWR), Docket 05000018
- 3) NRC Letter, GE Hitachi Nuclear Energy, Vallecitos Nuclear Center Shutdown Reactors - Acceptance of Request to Withdraw Exemption Request for Alternate Decommissioning Schedule (ADAMS Accession No. ML21258A042),
October 12, 2021
- 4) GEH Letter, GEH Description of Process for Decommissioning the Vallecitos Nuclear Center Shutdown Reactors (ADAMS Accession No. ML21315A005),
November 11, 2022
- 5) NRC Letter, "GE Hitachi Nuclear Energy, Vallecitos Nuclear Center - Response to the Description for Decommissioning the Shutdown Reactors". (ADAMS Accession No. ML22066A569), April 8, 2022 GE Hitachi Energy, LLC (GEH) is providing this enclosed limited Post-Shutdown Decommissioning Activities Report (LPSDAR) at the advisement of the NRC (Ref 3) to demonstrate compliance with 10 CFR 50.82(a)(6) and 10 CFR 50.82(a)(7).
Although 10 CFR 50.82(a)(4) requirements for content of a PSDAR do not apply to VBWR and EVESR, GEH agreed to prepare this LPSDAR (Ref 4 & 5) consistent with the description in 10 CFR 50.82(a)(4) and the NRCs guidance for PSDARs in Regulatory Guide 1.185, Revision 1, Standard Format and Content for Post-Shutdown Decommissioning Activities Report.
This LPSDAR describes planned decommissioning activities, scheduling of those activities, estimated cost, and reasons for concluding associated environmental impacts are bounded by appropriate previously issued environmental impact statements.
Pursuant to 10 CFR 50.82(a)(7), GEH will notify the NRC before performing any decommissioning activity that is inconsistent with the licensing information provided in or makes
USNRC M220122 Page 2 of 2 September 21, 2022
significant schedule changes to this LPSDAR and will send a copy of such notification to the State of California. contains GEH proprietary information requested to be withheld from public disclosure pursuant to 10 CFR 2.390. is the biological resources report identified in section 8.0 of the LPSDAR as reference number 10.
If there are any questions regarding this report or additional information required, please contact me at the number above.
Sincerely,
Carlos Martinez Site Manager Vallecitos Nuclear Center : GEH Affidavit : Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report (Proprietary) : Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report (Public) : Biological Resources Report Vallecitos Nuclear Center Decommissioning Project cc: NRC Region IV Administrator S. Anderson, NRC RIV J. Parrott, NMSS/DUWP/RDB CM 22-004
USNRC M220122 Page 1 of 2 September 21, 2022
AFFIDAVIT I, David J. Heckman, state as follows:
(1) I am the Regulatory Affairs / Licensing Lead, of the Vallecitos Nuclear Center, GE Hitachi Nuclear Energy Americas, L.L.C. (GEH) and have been delegated the function by GEH of reviewing the information described in paragraph (2) which is sought to be withheld in Enclosure 1 to GEHs letter, M220122, Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report.
(2) GEH proprietary information is contained in Enclosure 1 to this letter and is identified by the statement GEH Proprietary Information.
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH 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 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 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 are:
- a. Information that discloses financial, a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs 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 submitted 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 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 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 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 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 the staff manager, project manager, principal scientist, or other equivalent authority for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a
USNRC M220122 Page 2 of 2 September 21, 2022
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 GEHs processes, design and manufacturing facilities.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEHs competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GEHs 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. GEHs competitive advantage will be lost if its competitors are able to use the results of the GEH 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 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 seek 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 to the best of my knowledge.
Executed on this 21st day of September 2022.
Digitally signed by David David Heckman Date: 2022.09.21 15:41:57 Heckman -07'00' David J. Heckman GE Hitachi Nuclear Energy Americas, L.L.C.
Enclosure 1:
Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report (Proprietary)
Enclosure 2:
Vallecitos Nuclear Center Decommissioning Limited Post Shutdown Decommissioning Activities Report (Public)
Enclosure 3:
Biological Resources Report Vallecitos Nuclear Center Decommissioning Project