ML23011A012

LLC Submittal of Supplemental Information in Support of NuScale Topical Reports

ML23011A012
Person / Time
Site:	99902078, 05200050
Issue date:	01/06/2023
From:	Shaver M NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LO-130201
Download: ML23011A012 (1)

Text

LO-130201 January 06, 2023 Docket No.52-050 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

NuScale Power, LLC Submittal of Supplemental Information in Support of NuScale Topical Reports ( L v~, tvOI\J -c...o c.A I X. fc- > f>UJts)

REFERENCES:

1. NRC Closed Meeting Announcement, "Closed Proprietary Meeting on NuScale NRELAP Model Files Discussion," November 8, 2022 (ML22305A615)

NuScale Power, LLC (NuScale) and the Nuclear Regulatory Commission (NRC) held a closed meeting on November 8, 2022 (Reference 1) to discuss NRELAP files that the NRC needs to support its review of methodology topical reports planned for submittal to support the NuScale standard design approval application. The requested information is attached to this letter as a set of Digital Versatile Discs (DVDs).

The DVDs contain information for NRC Staff during technical review of the topical reports. A file is included on the DVDs that provides a list of the files and supporting documentation provided. All files on these DVDs are considered proprietary. Accordingly, NuScale requests that the DVDs be withheld in their entirety from public disclosure in accordance with the requirements of 10 CFR § 2.390. The enclosed affidavit (Enclosure 1) supports this request.

The DVDs also contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR § 810.

This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.

If you have any questions, please contact Thomas Griffith at 541-452-7813 or tgriffith@nuscalepower.com.

Sincerely,

,1'V1 ffJ,_ iJ. ,St,-v-'-t,____

Mark W. Shaver

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Manager, Licensing NuScale Power, LLC -;o D 1 Distribution: Michael Dudek, NRC JJ!< ~

Getachew Tesfaye, NRC Bruce Bavol, NRC NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

LO-130201 :

Affidavit of Mark W. Shaver, AF-130202 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

NuScale Power, LLC AFFIDAVIT of Mark W. Shaver I, Mark W. Shaver, state as follows:

(1) I am the Licensing Manager of NuScale Power, LLC (NuScale), and as such, I have been specifically delegated the function of reviewing the information described in this Affidavit that NuScale seeks to have withheld from public disclosure, and am authorized to apply for its withholding on behalf of NuScale (2) I am knowledgeable of the criteria and procedures used by NuScale in designating information as a trade secret, privileged, or as confidential commercial or financial information. This request to withhold information from public disclosure is driven by one or more of the following:

(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 competitor's expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(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 NuScale's competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying files reveal distinguishing aspects about the methodologies by which NuScale develops its Small Modular Reactor design.

NuScale has performed significant research and evaluation to develop a basis for these methodologies and has invested significant resources, including the expenditure of a considerable sum of money.

The precise financial value of the information is difficult to quantify, but it is a key element of the design basis for a NuScale plant 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.

(4) The information sought to be withheld is contained on the digital versatile discs discussed in NuScale letter entitled "NuScale Power, LLC Submittal of Supplemental Information in Support of NuScale Topical Reports," LO-130201. The DVDs containing the listed files have the designation "Proprietary".

(5) The basis for proposing that the information be withheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies upon AF-130202 Page 1 of 2

the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC § 552(b)(4), as well as exemptions applicable to the NRC under 10 CFR §§ 2.390(a)(4) and 9.17(a)(4).

(6) Pursuant to the provisions set forth in 10 CFR § 2.390(b)(4), the following is provided for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld:

(a) The information sought to be withheld is owned and has been held in confidence by NuScale.

(b) The information is of a sort customarily held in confidence by NuScale and, to the best of my knowledge and belief, consistently has been held in confidence by NuScale. The procedure for approval of external release of such information typically requires review by the staff manager, project manager, chief technology officer or other equivalent authority, or the manager of the cognizant marketing function (or his delegate), for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside NuScale are limited to regulatory bodies, customers and potential customers and their agents, suppliers, licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or contractual agreements to maintain confidentiality.

(c) The information is being transmitted to and received by the NRC in confidence.

(d) No public disclosure of the information has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or contractual agreements that provide for maintenance of the information in confidence.

(e) Public disclosure of the information is likely to cause substantial harm to the competitive position of NuScale, taking into account the value of the information to NuScale, the amount of effort and money expended by NuScale in developing the information, and the difficulty others would have in acquiring or duplicating the information. The information sought to be withheld is part of NuScale's technology that provides NuScale with a competitive advantage over other firms in the industry. NuScale has invested significant human and financial capital in developing this technology and NuScale believes it would be difficult for others to duplicate the technology without access to the information sought to be withheld.

I declare under penalty of perjury that the foregoing is true and correct. Executed on 01/06/2023.

Mark W. Shaver AF-130202 Page 2 of 2