ML23214A211

LLC, Submittal of the NRCs Request for Docketing of Resolved Audit Response A-LOCA L TR-3

ML23214A211
Person / Time
Site:	99902078, 05200050
Issue date:	07/18/2023
From:	Shaver M NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML23214A214	List: ML23214A211
References
LO-147042
Download: ML23214A211 (1)

Text

LO-147042 July 18, 2023 Docket No. 052-050 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

NuScale Power, LLC Submittal of the NRCs Request for Docketing of Resolved Audit Response A-LOCA L TR-3

REFERENCES:

1. Letter from the NRC to NuScale Power entitled, "Audit Status.::.:. The Staff Review of the NuScale Power, LLC Standard Design Approval Application - NuScale US460," Dated June 20, 2023 (ML23151A119)

The purpose of this letter is to provide NuScale's response to the NRC's Request to docket certain audit responses, noted in Reference 1 above. The response to the individual audit item is provided in the attached Enclosure.

This letter contains NuScale's response to the following audit Question from the NRC.

A-LOCAL TR-3 Proprietary Class 2, Export Controlled The enclosed disk (Enclosure 1) contains both NuScale and Framatome proprietary Class 2 Export Controlled Information, NuScale requests that the disk be withheld from public disclosure in accordance with the requirements of 10 CFR § 2.390 and 10 CFR § 810. The enclosed affidavits (Enclosure 2 and 3) support this request. Enclosure 2 pertains to the NuScale proprietary information. Enclosure 3 pertains to the Framatome Inc. (formerly AREVA Inc.) proprietary information.

This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.

If you have any questions, please contact Thomas Griffith at 541-452-7813 or tgriffith@nuscalepower.com.

Sincerely,

,AA.J,_w.,s~

Mark W. Shaver Director, Regulatory Affairs NuScale Power, LLC NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com

LO-147042 Page 2 of 2 07/18/2023 Distribution:

Michael Dudek, NRC Getachew Tesfaye, NRC Bruce Bavol, NRC : NuScale Response to NRC Request for Docketed Audit Response A-LOCAL TR-3, Disk : Affidavit of Mark W. Shaver AF-147043 : Affidavit of Morris Byram NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com

NuScale Response to NRC Request for Docketed Audit Response A-LOCAL TR-3, Disk NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com LO-147042

NuScale Power, LLC Submittal of the NRCs Requestfor Docketing of Resolved Audit Response A-LOCA L TR-3 NuScale Confidential, Proprietary Class 2, Export Controlled NuScale Power, LLC 1100 NE Circle Blvd.

Suite 200 Corvallis, OR 97330 541-360~500 Nuclear Regulatory Commission Copy NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com LO-147042 Affidavit of Mark W. Shaver, AF-147043 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com LO-147042

NuScale Power, LLC AFFIDAVIT of Mark W. Shaver I, Mark W. Shaver, state as follows:

(1)

I am the Director of Regulatory Affairs of NuScale Power, LLC {NuScale), and as such, I have been specifically delegated the function of reviewing the information described in this Affidavit that NuScale seeks to have withheld from public disclosure, and am authorized to apply for its withholding on behalf of NuScale (2)

I am knowledgeable of the criteria and procedures used by NuScale in designating information as a trade secret, privileged, or as confidential commercial or financial information. This request to withhold information from public disclosure is driven by one or more of the following:

(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 competitor's 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.

(3)

Public disclosure of the information sought to be withheld is likely to cause substantial harm to NuScale's competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying response reveals distinguishing aspects about the process by which NuScale develops its Loss-of-Coolant Accident Methodology.

NuScale has performed significant research and evaluation to develop a basis for this process and has invested significant resources, including the expenditure of a considerable sum of money.

The precise financial value of the information is difficult to quantify, but it is a key element of the design basis for a NuScale plant and, therefore, has substantial value to NuScale.

If the information were disclosed to the public, NuScale's competitors would have access to the information without purchasing the right to use it or having been required to undertake a similar expenditure of resources. Such disclosure would constitute a misappropriation of NuScale's intellectual property, and would deprive NuScale of the opportunity to exercise its competitive advantage to seek an adequate return on its investment.

(4)

The information sought to be withheld is in the enclosed response entitled "NuScale response to NRC Request for Docketed Audit Response A-LOCA.LTR-3, Disk." The enclosure contains the designation "Proprietary" at the top of each page containing proprietary information.

(5)

The basis for proposing that the information be withheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC § AF-147043 Page 1 of2

552(b)(4), as well as exemptions applicable to the NRC under 10 CFR §§ 2.390(a)(4) and 9.17(a)(4).

(6)

Pursuant to the provisions set forth in 10 CFR § 2.390(b)(4), the following is provided for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld:

(a)

The information sought to be withheld is owned and has been held in confidence by NuScale.

(b)

The information is of a sort customarily held in confidence by NuScale and, to the best of my knowledge and belief, consistently has been held in confidence by NuScale. The procedure for approval of external release of such information typically requires review by the staff manager, project manager, chief technology officer or other equivalent authority, or the manager of the cognizant marketing function (or his delegate), for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside NuScale are limited to regulatory bodies, customers and potential customers and their agents, suppliers, licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or contractual agreements to maintain confidentiality.

(c)

The information is being transmitted to and received by the NRC in confidence.

(d)

No public disclosure of the information has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or contractual agreements that provide for maintenance of the information in confidence.

(e)

Public disclosure of the information is likely to cause substantial harm to the competitive position of NuScale, taking into account the value of the information to NuScale, the amount of effort and money expended by NuScale in developing the information, and the difficulty others would have in acquiring or duplicating the information. The information sought to be withheld is part of NuScale's technology that provides NuScale with a competitive advantage over other firms in the industry. NuScale has invested significant human and financial capital in developing this technology and NuScale believes it would be difficult for others to duplicate the technology without access to the information sought to be withheld.

I declare under penalty of perjury that the foregoing is true and correct. Executed on 7/18/2023.

Mark W. Shaver AF-147043 Page 2 of2 Affidavit of Morris Byram NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com LO-XXXXXX

AFFIDAVIT

1.

My name is Morris Byram. I am Product Manager, Licensing & Regulatory Affairs for Framatome Inc. (Framatome) and as such I am authorized to execute this Affidavit.

2.

I am familiar with the criteria applied by Framatome to determine whether certain Framatome information is proprietary. I am familiar with the policies established by Framatome to ensure the proper application of these criteria.

3.

I am familiar with the Framatome information contained in the Document that is Enclosure 1 to the NuScale Power,LLC letter Number LO-147042 with subject "NuScale Power, LLC Submittal of the NRCs Request for Docketing of Resolved Audit Response A-LOCA L TR-3," and referred to herein as "Document." Information contained in this Document has been classified by Framatome as proprietary in accordance with the policies established by Framatome for the control and protection of proprietary and confidential information.

4.

This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by Framatome and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5.

This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is requested qualifies under 1 O CFR 2.390(a)(4) "Trade secrets and commercial or financial information."

6.

The following criteria are customarily applied by Framatome to determine whether information should be classified as proprietary:

(a)

The information reveals details of Framatome's research and development plans and programs or their results.

(b)

Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c)

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for Framatome.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

The information in this Document is considered proprietary for the reasons set forth in paragraph 6(b) and 6(c) above.

7.

In accordance with Framatome's policies governing the protection and control of information, proprietary information contained in this Document has been made available, on a limited basis, to others outside Framatome only as required and under suitable agreement providing for nondisclosure and limited use of the information.

8.

Framatome policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9.

The foregoing statements are true and correct to the best of my knowledge, information, and belief.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: (7/12/2023)

BYRAM Morr

.IS DigitallysignedbyBYRAMMorris Date: 2023.07.12 16:02:50-07'00' (NAME)

Email: morris.byram@framatome.com Phone: 434-221 -1082