ML23241A978
| ML23241A978 | |
| Person / Time | |
|---|---|
| Site: | 99902052 |
| Issue date: | 08/29/2023 |
| From: | Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB |
| To: | Volkoff J NuScale |
| References | |
| Download: ML23241A978 (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 REGULATORY ENGAGEMENT PLAN FOR EARLY CONSTRUCTION, (REFERENCE 10.2)
Dear Mr. Volkoff:
By letter dated March 22, 2023, you submitted an affidavit dated March 22, 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) Regulatory Engagement Plan For Early Construction, (Reference 10.2)1 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) 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 competitors expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
1 Letter from J. Volkoff to NRC, NuScale Power, LLC Submittal of Entitled Carbon Free Power Project (CFPP) Regulatory Engagement Plan For Early Construction, (Reference 10.2) dated March 22, 2023, Agencywide Document Access and Management System Accession No. ML23081A094.
(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 "Carbon Free Power Project (CFPP) Regulatory Engagement Plan For Early Construction," PL-135470-P, Revision 0 is sought to be withheld is likely to cause substantial harm to NuScales competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying document reveals distinguishing aspects about the process, structure and method by which NuScale develops its early construction plan.
NuScale has performed significant research and evaluation to develop a basis for this process, structure and method 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.
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) Regulatory Engagement Plan for Early Construction, (Reference 10.2) marked as proprietary on March 22, 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