ML23104A417
| ML23104A417 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center, 07000754, 07001113, 07200001, Vallecitos |
| Issue date: | 03/31/2023 |
| From: | Murray S GE Hitachi Nuclear Energy |
| To: | Jack Parrott Reactor Decommissioning Branch |
| Parrott J | |
| Shared Package | |
| ML23104A416 | List: |
| References | |
| 9277999 | |
| Download: ML23104A417 (6) | |
Text
HITACHI Proprietary Information Notice The Enclosures to this letter contain Global Nuclear Fuel Americas or GE Hitachi Nuclear Energy proprietary information which is to be withheld from public disclosure in accordance with 10 CFR 2.390. Upon removal of the Enclosures, the balance of this letter may be made public.
Via FedEx M230040 March 31, 2023 Jack Parrott, Reactor Decommissioning Branch Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 GE Hitachi Nuclear Energy Scott P. Murray Manager, Facility Licensing 3901 Castle Hayne Road P.O. Box 780 Wilmington, NC 28402 USA T (910) 819-5950 scott.murray@ge.com
Subject:
GNF-A/GEH Financial Assurance of Decommissioning Funds - Surety Bond.
Riders
References:
- 1) NRC License SNM-1097, Docket 70-1113
- 2) NRG License SNM-2500, Docket 72-01
- 3) NRC License SNM-960, Docket 70-754
- 5) N RC License DR-10 (EVESR), Docket 50-183
- 6) NRC License TR-1 (GETR), Docket 50-70
- 7) NRC License R-33 (NTR), Docket 50-73
- 8) Letter S. P. Murray to J. Parrott (NRC), "GNF-A/GEH Financial Assurance of Decommissioning Funds - Surety Bond Riders, 3/23/22
Dear Mr. Parrott:
Global Nuclear Fuel-Americas~(GNF-A) and GE Hitachi Nuclear Energy Americas, L.L.C (GEH) are providing surety bond riders to update the decommissioning financial assurance amounts for the referenced NRC licenses. Enclosures 1 through 8 to this letter provide supplemental riders to revise the bond amounts. Note that Enclosures 5 and 6 to this letter provide supplemental riders that decrease the bond amounts for NRC Licenses DPR-1 and DR-10 (References 4 and 5).
All other terms and* conditions of the bonds remain unchanged.
Please note that the surety bond riders contain proprietary financial information and are requested to be withheld from public disclosure.
USNRC March 31, 2023 M230040 Page 2 of 2 If you have any questions concerning this information, please call me at (910) 819-5950.
Sincerely, f~
Scott P. Murray, M Facility Licensing Attachments 1: GNF-AAffidavit 2: GEH Affidavit
Enclosures:
(Contain Company Proprietary Information)
Cc
- 1. NRG License SNM-1097, RidE;3r for GNF-A Payment Surety Bond No.
9277999
- 2. NRG License SNM-1097, Rider-"for GNF-A Payment Surety Bond No.
106857483
82454298
2253268
- 7. NRG License TR-1 (GETR), Rider for GEH Payment Surety Bond No.
2253262
- 8. NRG License R-33 (NTR), Rider for GEH Payment Surety Bond No.
2253264 J. Rowley, NMSS/DFM/FFLB K. Banovac, NMSS/DFM/STLB
- 0. Siurano, NMSS/DFM/FFLB D. Hardesty, NRR/DANU/UNPL SPM 23-013
US NRG March 31, 2023 M230040 Page 1 of 2 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 de~cribed in paragraph (2) which is sought to be withheld, and have been authorizedTo-applyfor its withholding.
(2)
The information sought to be withheld is contained in Enclosures 1 and 2 to GEH's letter, M230040, Scott P. Murray to Jack Parrot (NRC), entitled "GNF-A/GEH Financial Assurance of Decommissioning Funds - Surety Bond Riders. GNF-A proprietary information in Enclosures 1 and 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(bj(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 Enernv Project v. Nuclear Re f!ulatorv 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 fi~ into the definition of proprietary information are:
(5)
(6)
(7)
- 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.
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 pot 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).
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.
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 regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with
USNRC March 31, 2023 M230040 Page 2 of 2 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 proprietary because it contafos details of GNF-A's processes, design and manufacturing facilities.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNF-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GNF-A's 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 GNF-A. 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. 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 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 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 31st day of March 2023.
Scott P. Murray Global Nuclear Fuel - Americ 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 31st day of March 2023.
Notary Public in and for the.
State of North Carolina My Commission Expires:
0 l-IS-* 202.. 'f
US NRC March 31, 2023 M230040 Page 1 of 2 GE Hitachi Nuclear Energy Americas, LLC AFFIDAVIT I, Scott P. Murray, state as follows:
(1)
I am the Manager, Facility Licensing of GE Hitachi Nuclear Energy Americas, LLC (GER), and have been delegated the function by GEH 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 Enclosures 3 through 8 to GEH's letter, M230040, Scott P. Murray to Jack Parrot (NRC), entitled "GNF-A/GEH Financial Assurance of Decommissioning Funds - Surety Bond Riders. GEH proprietary information in Enclosures 3 through 8 is-identified by the statement "GEH 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, 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 Enef!.!.v Project v. Nuclear Re!!ulatorv 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 GEH' s 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 byGEH, not been disclos_ed publicly, and not been made available in public sources. All disc!osures 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 tq_ 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, co_mpetitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH are limited to regulatory
USNRC March 31, 2023 M230040 Page 2 of 2 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.
(8)
The information identified in paragraph (2) above is classified as proprietary because it contains details of GEH' s processes, design and manufacturing facilities.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial *harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GEH's 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. GEH's 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.
Executed on this 31st day of March 2023.
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 31st day*of March 2023.
My Commission Expires: