ML23086C024

GE-Hitachi Nuclear Energy Americas, LLC, Nuclear Test Reactor Safety Analysis Report and Technical Specifications

ML23086C024
Person / Time
Site:	Vallecitos Nuclear Center
Issue date:	03/24/2023
From:	Pedley C GE-Hitachi Nuclear Energy Americas
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML23086C023	List: ML23086C024 ML23086C025 ML23086C026 ML23086C028
References
M230046
Download: ML23086C024 (8)

Text

 GEHitachiNuclearEnergy

 CharlesPedley

 SiteManager,

VallecitosNuclearCenter

 

6705VallecitosRd

ProprietaryInformationNotice Sunol,CA94586

Enclosure3tothislettercontainsGEHitachiNuclearEnergy USA

proprietaryinformationwhichistobewithheldfrompublic 

T9255238101

disclosureinaccordancewith10CFR2.390.Uponremovalofthis Charles.Pedley@ge.com

attachment,thebalanceofthislettermaybemadepublic. 

M230046 March 24, 2023 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555-001

Subject:

GE Nuclear Test Reactor Safety Analysis Report and Technical Specifications

References:

1) NRC License R-33, Docket 0500073, General Electric Hitachi (GEH) Nuclear Test Reactor (NTR)

2) Letter, M. Feyrer (GEH) to D. Hardesty (NRC), Nuclear Test Reactor License Renewal (R-33), dated 11/19/2020 (ML20325A194, ML20325A195, ML20325A196, ML20325A197, ML20325A201, ML20325A202, ML20325A205, ML20325A206, ML20325A207)

3) License renewal virtual audits held 2/28/2023, 3/8/2023, 3/10/2023, 3/15/2023 and 3/22/2023 between the NRC and GEH GE Hitachi Nuclear Energy Americas LLC (GEH) is providing the enclosed information pertaining to the application to renew the R-33 license (Ref 1 & 2). contains questions and responses from audit meetings (Ref 3). contains a completely revised (Revision 6) copy of the NTR Technical Specifications. contains a completely revised (Revision 5) copy of the NTR Safety Analysis Report and contains proprietary information requested to be withheld from public disclosure pursuant to 10 CFR 2.390. contains a completely revised (Revision 5) redacted copy of the NTR Safety Analysis Report for public disclosure.

This letter is being submitted under oath or affirmation according to RIS 2001-018.

Please contact Scott Murray at (910) 616-4017 if you have any questions regarding this matter.

Sincerely, Digitally signed by CHARLES PEDLEY DN: cn=CHARLES PEDLEY c=US CHARLES l=7249af3244cf2daca5eb6a8620187dbce5b61cd7 o=MyApps e=223062202@ge.com Reason: I am approving this document PEDLEY Location:

Date: 2023-03-24 16:27-07:00 Charles Pedley, Site Manager Vallecitos Nuclear Center : GEH Affidavit : NRC NTR License Renewal Audit Questions : NTR Technical Specifications, Revision 6

M230046 U.S. NRC March 24, 2023 Page 2 of 2

 : NTR Safety Analysis Report, Revision 5 (Proprietary) : NTR Safety Analysis Report, Revision 5 (Public) cc: NRC Region IV Administrator D. A. Hardesty, NRC NRR/DANU/UNPL CP 23-007



M230046 U.S. NRC March 24, 2023 Page 1 of 2



Attachment 1 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 3 to GEHs letter, M230046, David J. Heckman to USNRC entitled GE Nuclear Test Reactor Safety Analysis Report and Technical Specifications, and have been authorized to apply for its withholding.

(2) GEH proprietary information is contained in Enclosure 3 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 legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary and/or confidentiality agreements.

M230046 U.S. NRC March 24, 2023 Page 2 of 2



(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 24th day of March 2023.

Digitally signed by David David Heckman Date: 2023.03.24 Heckman 09:11:32 -07'00' David J. Heckman GE Hitachi Nuclear Energy Americas, L.L.C.









Enclosure 1:

NRC NTR License Renewal Audit Questions



Enclosure 2:

NTR Technical Specifications (Revision 6)



Enclosure 3:

NTR Safety Analysis Report (Revision 5)

(Proprietary)



Enclosure 4:

NTR Safety Analysis Report (Revision 5)

(Public)