ML23018A203
| ML23018A203 | |
| Person / Time | |
|---|---|
| Site: | 99902078 |
| Issue date: | 01/18/2023 |
| From: | Getachew Tesfaye NRC/NRR/DNRL/NRLB |
| To: | Fosaaen C NuScale |
| References | |
| Download: ML23018A203 (3) | |
Text
January 18, 2023 Ms. Carrie A. Fosaaen Director, Regulatory Affairs NuScale Power, LLC 1100 Circle Boulevard, Suite 200 Corvallis, OR 97330
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR NUSCALE POWER, LLC
Dear Ms. Fosaaen:
By letter dated November 15, 2022, you submitted an affidavit dated November 15, 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):
NuScale SDAA Current and Future Activities 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) Accession No. ML22319A146.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as for the following reasons:
(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.
(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.
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 version of the submitted information 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.
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 301-415-8013.
Sincerely,
/RA/
Getachew Tesfaye, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No: 99902078 cc: NuScale DC ListServ
- via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB:LA NAME GTesfaye*
SGreen DATE 01/18/2023 01/18/2023 OFFICE NRR/DNRL/NRLB: BC NRR/DNRL/NRLB: PM NAME MDudek*
GTesfaye*
DATE 01/18/2023 01/18/2023