ML23241A792
| ML23241A792 | |
| Person / Time | |
|---|---|
| Site: | 99902052 |
| Issue date: | 08/29/2023 |
| From: | Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB |
| To: | Volkoff J NuScale |
| References | |
| PM-134996-P, Rev 0 | |
| Download: ML23241A792 (4) | |
Text
August 29, 2023 Mr. John Volkoff Manager, Combined License Applications NuScale Power, LLC 1100 NE Circle Boulevard, Suite 200 Corvallis, OR 97330
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- NUSCALE POWER, LLC CARBON FREE POWER PROJECT COMBINED LICENSE APPLICATION PRESENTATION EMERGENCY RESPONSE ORGANIZATION STAFFING FOR A SITE BOUNDARY EMERGENCY PLANNING ZONE (CLOSED SESSION), PM-134996-P, REVISION 0
Dear Mr. Volkoff:
By letter dated February 20, 2023, you submitted an affidavit dated February 20, 2023, requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):
Carbon Free Power Project (CFPP) Combined License Application (COLA)
Presentation Emergency Response Organization Staffing for a Site Boundary Emergency Planning Zone (Closed Session), PM-134996-P, Revision 01 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (2) and (3) shown below:
(2)(a) Use by a competitor of the information requested to be withheld would reduce the competitors expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(b) The information requested to be withheld reveals cost or price information, production capabilities, budget levels, or licensing strategies of NuScale.
(3) Public disclosure of the information sought to be withheld is likely to cause substantial harm to NuScales competitive position and foreclose or reduce the availability of profit-making opportunities.
1 Letter from J. Volkoff to NRC, NuScale Power, LLC Submittal of Entitled Carbon Free Power Project (CFPP) Combined License Application (COLA) Presentation Emergency Response Organization Staffing for a Site Boundary Emergency Planning Zone (Closed Session), PM-134996-P, Revision 0 dated February 20, 2023, Agencywide Document Access and Management System Accession No. ML23051A034.
The precise financial value (loss) resulting from public disclosure of the information is difficult to quantify, but it is sensitive information related to NuScales commercial strategy 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.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the NuScale Power, LLC submittal presentation entitled Carbon Free Power Project (CFPP) Combined License Application (COLA) Presentation Emergency Response Organization Staffing for a Site Boundary Emergency Planning Zone (Closed Session),
PM-134996-P, Revision 0 marked as proprietary on February 20, 2023, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at (301) 415-6616.
Sincerely,
/RA/
Omid Tabatabai, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 99902052 cc: CFPP Listserv
- via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NLIB: LA NAME OTabatabai*
SGreen*
DATE 08/29/2023 08/29/2023 OFFICE NRR/DNRL/NRLB:(A)BC NRR/DNRL/NRLB: PM NAME MMitchell*
OTabatabai*
DATE 08/29/2023 08/29/2023