ML23178A099
| ML23178A099 | |
| Person / Time | |
|---|---|
| Site: | 07001113 |
| Issue date: | 06/27/2023 |
| From: | Murray S Global Nuclear Fuel - Americas |
| To: | Lav S Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML23178A098 | List: |
| References | |
| M230086 | |
| Download: ML23178A099 (1) | |
Text
GNr Global Nuclear Fuel Global Nuclear fuel Scott P. Murray Manager, Facility Licensing 390-1 Castle Mayne Road -
P.O. Box 780 Wilmington, NC 28402 Proprietary Information Notice Attachment 2 to this Jetter contains proprietary information to be USA
- - - _~ -T (910) 819-5950 -
withhe/d from pubfic *disclosure in accordance with 10CFR2.390.
s~tt-~_urr~ @ge.com Upon the removal of Attacl1_1!1_ent 2, the balance of this~letter can be made public.
M230086 June 27, 2023 Samantha Lav., Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety & Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attn: Document Control Desk
Subject:
GNF-A Additional Response to NRG Request for Supplemental Information - Decommissioning Funding Plan (DFP} . ,
References:
1} NRG License SNM-1097, Docket 70-1113
- 2) GNF-A Decommissioning Funding Plan, Rev. 8, 10/4/22
- 3) Letter, from Jonathan Rowley (NRG} to S. P. Murray (GNF-A} Request for Supplemental Information Regarding Update to DFP, 4/10/23
- 4) Letter, from S. P. Murray (GNF-A} to J. Rowley (NRG}, GNF-A Re~ponse to NRG Request, 4/26/23 .
- 5) Telecom betwe-en NRG Staff, including Ms. Samantha Lav and GNF-A, including Scott Murray held 6/14/23- - -
Dear Ms. Lav:
As we discussed on June 14, 2023 (Reference 5), the Global Nuclear Fuel-Americas, LL.C.
(GNF-A} facility in Wilmington, North Carolina hereby provides additional information regarding the GNF-A Decommissioning Funding Plan, Rev. 8 dated October 4, 2022.
Attachment 2 to this letter contains GNF-A proprietary information to be withhelo from public disclosure.
If you have any questions regarding this information, please contact me at (91 O} 819-5950.
Sincerely, s~l!J~
Facility Licensing /
M230086 USNRC June 27, 2023 Page? of2 Attachments: 1) GNF-A Affidavit
- 2) GNF-A Additional Information Regarding the GNF-A Decommissioning Funding Plan, Revision 8 - - - -- -
cc: J. Rowley, USNRC/DFM/FFLB SPM 23-024 .
M230086 USNRC June 27, 2023 Page l- of2 _
Attachment 1 AFFIDAVIT I, Scott P. Murray, state as follows:
(1) am f the Manager, Facility Licensing of Global Nuclear Fuel - Americas (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-A's letter, M2-30086, S, Murray *- **-
to Samantha Lav, entitled GNF-A Additional Response to NRC Request for Suppl~mental lnformation.-GNF--
A proprietary information is contained in Attachment 2 and is identified by the statement "GNF-A Proprietary Information".
(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 IO 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, witnin the meanings assignea 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 cate¥ories of i~formation 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*cornpetitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or lice*nsing of a similar product. * *
(5) To address IO 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 unautliorized 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 GNF-A 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 GNF-A 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.
(8) The information identified in paragraph (2) above is classified as proprietary because it contains details of GNF-A's processes, design and manufacturing facilities.
M230086 USNRC June 27, 2023 Page 2 of2 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GNP-A's competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GNP-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. -lo 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 GNP-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. GNP-A's competitive advantage will be lost if its competitors are able to use the results of the GNP-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 GNP-A would be lost if the information were disclosed to the public. Making such information available to competito_rs without their having been required to undertake a similar expend!ture of resources would unfairly provide competitors with a windfall, and deprive GNP-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 ~e foregoing is true and correct.
Executed on this 27th day of June 2023.
/(~P/Y2~
Scott~~;y Global Nuclear Fuel - Americas STATE OF NORTH CAROLINA )
) ...
COUNTY OF NEW HANOVER )
Subscribed and sworn to me, a Notary Pub~ic, in and for the State of North Carolina, this 27th day of June 2023.
qQ ~a.n Da.luwv NtaryPic in and for the -
State of North Carolina My Commission Expires: $$0 'J.l MORGAN DATEMA Notary Public, North Carolina New Hanover County My Commission Expires April 30, 2027