ML23030A802
| ML23030A802 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 01/30/2023 |
| From: | Jenny Murray Global Nuclear Fuel - Americas |
| To: | Rowley J Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML23030A801 | List: |
| References | |
| M230014 | |
| Download: ML23030A802 (1) | |
Text
Global Nuclear Fuel Sc;ott ~* ~MI.!_rray Manager, Facility Licensing ..
Global Nuclear Fuel 3901 Castle Hayne Road P.O. Box 780 .
Proprietary lnformJitjon Notice: This letter forwards Wilmington, NC 28402 _
USA proprietary Information which is to be withheld from public disclosure in accordance with 10CFR2.390. -Upon removal of T (910) 819-5950 Attachment 2, the balance of this letter can be made p ub1Tc.* . *. sc6ffrrii.irray@ge.com -
M230014 January 30; 2023 Jonathan Rowley, Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards US Nuclear Regulatory Commission Washington, D.C. 20555-0001 -
Attn: Document Control Desk
Subject:
GNF-A Natrium Fuel Fabrication Facility Pre-Application - Meeting Slides
References:
- 1) NRC License SNM-1 097, Docket 70-1113
- 2) NRC Me_eting Announcement- GNF-A Natrium Fuel Fabrication Facility, 1/20/23 (ML23023A249)
Dear Mr. Rowley:
Attached to this letter are Global Nuclear Fuel-Americas (GNF-A) meeting slides to be presented at the pre-application meeting with NRC on February 1, 2023 (Reference 2). This information is being provided for NRC staff review prior to the meeting.
If you have any questions concerning this information, please call me at (91 0) 819-5950.
Sincerely, S~-~.Mege~
Facility Licensing (/
Attachments: 1) GNF-A Affidavit
- 2) GNF-A Natrium Fuel Facility Pre-Application Meeting Slides (Contains proprietary information)
Cc: SPM 23-006
USNRC M230014 1/30/23 Attachment 1 Global Nuclear Fuel - Americas LLC AFFIDAVIT I, Scott P. Murray, state as follows:
(1) I am the Manager, Facility Licensing of Global Nuclear Fuel - Americas, LLC (GNF-A), and have been delegated the function by GNF-A of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Attachment 2 to GNF-As letter, M230014, Scott P.
Murray to Jonathan Rowley, NRC Fuel Facility Licensing Branch, entitled GNF-A Natrium Fuel Facility Pre-Application Meeting Slides. GNF-A proprietary information in Attachment 2 is identified by the statement GNF-A Proprietary Information - Withhold from Public Disclosure Pursuant to 10 CFR 2.390.
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GNF-A 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 a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-A's competitors without license from GNF-A constitutes a competitive economic advantage over GNF-A 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 GNF-A, 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 GNF-A, 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 GNF-A.
(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 GNF-A are limited to
.US NRC M230014 1/30/23 regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees,-and others wj th a 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 . pr~p_!i~tary....: ~eca~:-=. ~t :-. _ _ . __
contains details of GNP-A's processes, design and manufacturing facilit ies. -- - --*- .. .,.__ ------ -
(9) Public disclosure of the information sought to be withheld is likely to cause supstantial harm to GNF-A's cqmpetitiv~ positi.Qn IP}d for~c}ose or reduce the availability of profit-maki.ng,gppQu\II!itlis: The-facility design
- -R!ld-licensing methodology is part of GNF-A's compreh~nsive safety and t~chnolQg'y base-=an.dits..ccmun~cia.L value extends beyond*the original development cost. The value of the technology base goes beyond th~ extensive physical database and-analytical methodology and includes development of the expertise to*determine ana apply the* appropriate evaluation process. In addition, the technology base includes* tiie v alue derived from providing .
analyses-done \Vith NRC-approved methods. - -
The research, development, engineering, analytical and NRC review costs comprise a substantial invest ment of time and money by GNF-A. The precise value of the expertise to devise an_evaluation pro_!;~SS and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GNF-A's competitive advantage will be lost if its competitors are able to use the results of the GNF-A experience to normalize or ve!Jfy their own process or if they are able to claim an equivalent und~rstanding by demonstrating that they can arrive at the same or similar conclusions.
- The value of this information to GNF-A would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive GNF-A 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.
~~
Executed on this 30th day of January 2023.
Scott P. Murray .
Global Nuclear Fuel - Americas STATE OF NORTH CAROLINA )
)
COUNTY OF NEW-HANOVER )
Subscribed and sworn to me, a Notary Public, in and for the State of North Carolina, this 30th day of January 2023.
GwennMoser N9TARY PUBUC Brunswick County, NC
~ Notary Public in and for the -
State of North Carolina My Commission Expires October 18, 2027 My Commission Expires: ---...::O..,c:.:to,..b,.,e""r'""'l,.,8...,_,-=2:.:::0.=27....__ _ _ __