Nu Scale Power, LLC, Submittal of Supplemental Information in Support of Nrg Review of Topical Report TR-124587-P, Extended Passive Cooling and Reactivity Control Methodology, Revision O (Item A-XPC.LTR-4)ML23263A025 |
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99902078, 05200050 |
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09/12/2023 |
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From: |
Shaver M NuScale |
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To: |
NRC Region 1, Document Control Desk |
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References |
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LO-149924, TR-124587-P, Rev 0 |
Download: ML23263A025 (1) |
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Category:Legal-Affidavit
MONTHYEARML25027A3932025-01-27027 January 2025 LLC, Submittal of Sgfiv Flow Testing Report Summary ML25023A2142025-01-23023 January 2025 LLC, Submittal of NuScale Comprehensive Vibration Assessment Program Analysis Technical Report, TR-121353, Revision 2 ML25021A1532025-01-21021 January 2025 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML25021A2172025-01-21021 January 2025 Nuscale Power, LLC - Response to NRC Response to Request for Additional Information No. 037 (RAI-10357-R1) on the Nuscale Standard Design Approval Application ML25017A3912025-01-17017 January 2025 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML25016A3002025-01-16016 January 2025 LLC, Response to NRC Request for Additional Information No. 008 (RAI-10081 R1) on the NuScale Standard Design Approval Application ML25016A1522025-01-16016 January 2025 LLC, Response to NRC Request for Additional Information No. 018 (RAI-10142 R1) on the NuScale Standard Design Approval Application ML25014A1562025-01-14014 January 2025 LLC, Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML25009A0192025-01-0909 January 2025 LLC, Submittal of Presentation Material Entitled ACRS Subcommittee Meeting (Closed Session) Loss-of-Coolant Accident Topical Report and High Impact Technical Issue Status PM-177841, Revision 0 ML25009A0022025-01-0909 January 2025 LLC - Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML25009A0062025-01-0909 January 2025 LLC, Responses to NRC Request for Additional Information No. 039 (RAI-10359 R1) on the NuScale Standard Design Approval Application ML24354A1602024-12-19019 December 2024 LLC, Response to NRC Request for Additional Information No. 027 (RAI-10189 R1) on the NuScale Standard Design Approval Application ML24354A1312024-12-19019 December 2024 LLC, Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML24353A2182024-12-18018 December 2024 LLC, Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24353A2522024-12-18018 December 2024 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML24348A1302024-12-13013 December 2024 LLC, Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24348A1132024-12-13013 December 2024 Nuscale Power, LLC - Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24346A1312024-12-11011 December 2024 LLC Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24344A0892024-12-0202 December 2024 Nuscale Power, LLC - Submittal of Supplemental Information in Support of NRC Review of Nuscale Topical Reports Associated with the Standard Design Approval Application ML24327A0362024-11-22022 November 2024 LLC Submittal of US460 NuScale Power Module Seismic Analysis, TR-121515, Revision 1 ML24327A1492024-11-22022 November 2024 LLC, Responses to NRC Request for Additional Information No. 024 (RAI-10185 R1) on the NuScale Standard Design Approval Application ML24326A3282024-11-21021 November 2024 LLC, Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24325A5932024-11-20020 November 2024 LLC, Response to NRC Request for Additional Information No. 036 (RAI-10350 R1) on the NuScale Standard Design Approval Application ML24313A1212024-11-0808 November 2024 LLC - Response to NRC Request for Additional Information No. 020 (RAI-10150 R1) on the NuScale Standard Design Approval Application ML24313A0662024-11-0808 November 2024 LLC - Response to NRC Request for Additional Information No. 015 (RAI-10133 R1) on the NuScale Standard Design Approval Application ML24312A4012024-11-0707 November 2024 LLC, Submittal of Pipe Rupture Hazards Analysis, TR-121507, Revision 1 ML24303A2482024-10-29029 October 2024 LLC Submittal of Pressure and Temperature Limits Methodology, TR-130877, Revision 1 ML24296A4702024-10-22022 October 2024 LLC Submittal of NuScale Comprehensive Vibration Assessment Program Analysis Technical Report, TR-121353, Revision 1 ML24281A0202024-10-0707 October 2024 LLC, Response to NRC Request for Additional Information No. 023 (RAI-10177 R1) on the NuScale Standard Design Approval Application ML24274A1532024-09-30030 September 2024 LLC Submittal of NuScale Containment Leakage Integrity Assurance, TR-123952, Revision 1 ML24243A0092024-08-30030 August 2024 LLC, Submittal of NuScale Power Module Short-Term Transient Analysis, TR-121517, Revision 1 ML24240A1412024-08-27027 August 2024 LLC - Response to NRC Request for Additional Information No. 16 (RAI-10134 R1) on the NuScale Standard Design Approval Application ML24239A8452024-08-26026 August 2024 LLC, Submittal of NuScale Technical Report, Fluence Calculation Methodology and Results, TR-118976, Revision 1 ML24233A2392024-08-20020 August 2024 LLC, Submittal of Presentation Material Entitled ACRS Subcommittee Meeting (Closed Session) High Impact Technical Issues Discussion, PM-172561, Revision 0 ML24222A5282024-08-0909 August 2024 LLC, Submittal of NuScale Comprehensive Vibration Assessment Program Measurement and Inspection Plan Technical Report, TR-121354, Revision 1 ML24228A2422024-08-0606 August 2024 LLC, Submittal of Supplemental Information in Support of Review of TR-131981-P, Methodology for the Determination of the Onset of Density Wave Oscillations (Dwo), Revision 1, Audit Question A-DWO.LTR-127 ML24215A0012024-08-0202 August 2024 LLC, Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24213A3162024-07-31031 July 2024 LLC, Submittal of NuScale Technical Report, NuScale US460 Statistical Subchannel Critical Heat Flux Analysis Probabilistic Uncertainties, TR-169856, Revision 0 ML24205A2112024-07-23023 July 2024 LLC, Response to NRC Request for Additional Information No. 022 (RAI-10157 R1) on the NuScale Standard Design Approval Application ML24205A1562024-07-23023 July 2024 LLC, Response to NRC Request for Additional Information No. 14 (RAI-10131 R1, Question 3.9.4-8) on the NuScale Standard Design Approval Application ML24135A2942024-04-25025 April 2024 LLC Resubmittal of Supplemental Information in Support of NRC Review of Topical Report TR-124587-P, Extended Passive Cooling and Reactivity Control Methodology, Revision O (A-XPC.LTR-8 Resubmittal) ML24067A0622024-03-0707 March 2024 LLC, Submittal of Supplemental Information for NuScale Letter LO-130201 ML24047A2522024-02-16016 February 2024 LLC, Response to NRC Request for Additional Information No. 10115 (RAI No. 10115) on the NuScale Standard Design Approval Application ML24024A0552024-01-19019 January 2024 LLC Submittal of Information in Support of NRC Review of Sdaa Chapter 3 ML23361A0992023-12-27027 December 2023 LLC, Response to NRC Request for Additional Information (RAI 10083) on the NuScale Standard Design Approval Application ML23310A1222023-11-0606 November 2023 LLC, Submittal of Supplemental Topical Report Entitled Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2, Subchannel Analysis Methodology, TR-108601-P, Revision 4 ML23306A2742023-11-0202 November 2023 LLC, Submittal of Additional Information with the NuScale Standard Design Approval Application, Revision 1 ML23304A3162023-10-31031 October 2023 LLC, Submittal of Revision 1 to Standard Design Approval Application ML23285A3412023-10-12012 October 2023 LLC Submittal of Supplemental Topical Report Entitled Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2, Subchannel Analysis Methodology, TR-108601-P, Revision 3 ML23283A3362023-10-0909 October 2023 LLC Submittal of Topical Report Entitled NuScale US460 Fuel Storage Rack Design Topical Report, TR-145417-P, Revision 0 2025-01-09
[Table view] Category:Letter
MONTHYEARML25027A3932025-01-27027 January 2025 LLC, Submittal of Sgfiv Flow Testing Report Summary ML25023A2142025-01-23023 January 2025 LLC, Submittal of NuScale Comprehensive Vibration Assessment Program Analysis Technical Report, TR-121353, Revision 2 ML25021A1532025-01-21021 January 2025 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML25021A2172025-01-21021 January 2025 Nuscale Power, LLC - Response to NRC Response to Request for Additional Information No. 037 (RAI-10357-R1) on the Nuscale Standard Design Approval Application ML25017A3912025-01-17017 January 2025 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML25016A3002025-01-16016 January 2025 LLC, Response to NRC Request for Additional Information No. 008 (RAI-10081 R1) on the NuScale Standard Design Approval Application ML25016A1522025-01-16016 January 2025 LLC, Response to NRC Request for Additional Information No. 018 (RAI-10142 R1) on the NuScale Standard Design Approval Application ML25014A1562025-01-14014 January 2025 LLC, Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML25009A0022025-01-0909 January 2025 LLC - Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML25009A0062025-01-0909 January 2025 LLC, Responses to NRC Request for Additional Information No. 039 (RAI-10359 R1) on the NuScale Standard Design Approval Application ML25009A0122025-01-0909 January 2025 LLC, Submittal of Presentation Material Entitled ACRS Subcommittee Meeting (Open Session) Chapter 16, Part 4, LOCA LTR, and Hiti Status, PM-177830, Revision 0 ML25009A0192025-01-0909 January 2025 LLC, Submittal of Presentation Material Entitled ACRS Subcommittee Meeting (Closed Session) Loss-of-Coolant Accident Topical Report and High Impact Technical Issue Status PM-177841, Revision 0 ML24354A1602024-12-19019 December 2024 LLC, Response to NRC Request for Additional Information No. 027 (RAI-10189 R1) on the NuScale Standard Design Approval Application ML24354A2522024-12-19019 December 2024 Nuscale Power, LLC - Response to Request for Additional Information No. 032 (RAI-10297 Ri) on the Nuscale Standard Design Approval Application ML24354A1312024-12-19019 December 2024 LLC, Response to NRC Request for Additional Information No. 032 (RAI-10297 R1) on the NuScale Standard Design Approval Application ML24353A2182024-12-18018 December 2024 LLC, Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24353A2522024-12-18018 December 2024 LLC, Response to NRC Request for Additional Information No. 031 (RAI-10296 R1) on the NuScale Standard Design Approval Application ML24353A3332024-12-18018 December 2024 Nuscale Power, LLC - Response to NRC Request for Additional Information No. 037 (RAI-10357 Ri) on the Newscale Standard Design Approval Application ML24353A0292024-12-18018 December 2024 Nuscale Power LLC - Responses to NRC Request for Additional Information No. 011 (RAI-10111 Ri) on the Nuscale Standard Design Approval Application ML24348A1302024-12-13013 December 2024 LLC, Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24348A1132024-12-13013 December 2024 Nuscale Power, LLC - Response to NRC Request for Additional Information No. 037 (RAI-10357 R1) on the NuScale Standard Design Approval Application ML24346A1312024-12-11011 December 2024 LLC Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24344A0892024-12-0202 December 2024 Nuscale Power, LLC - Submittal of Supplemental Information in Support of NRC Review of Nuscale Topical Reports Associated with the Standard Design Approval Application ML24327A1832024-11-23023 November 2024 Sdaa Aia Inspection Announcement Letter ML24327A0362024-11-22022 November 2024 LLC Submittal of US460 NuScale Power Module Seismic Analysis, TR-121515, Revision 1 ML24327A1492024-11-22022 November 2024 LLC, Responses to NRC Request for Additional Information No. 024 (RAI-10185 R1) on the NuScale Standard Design Approval Application ML24326A0932024-11-21021 November 2024 LLC Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24326A3282024-11-21021 November 2024 LLC, Submittal of the NRCs Request for Docketing of Resolved Audit Responses ML24325A5932024-11-20020 November 2024 LLC, Response to NRC Request for Additional Information No. 036 (RAI-10350 R1) on the NuScale Standard Design Approval Application ML24312A3882024-11-12012 November 2024 NRCs 2nd Acknowledgement Letter NuScale Sdaa QAP Implementation Inspection NOV ML24313A0662024-11-0808 November 2024 LLC - Response to NRC Request for Additional Information No. 015 (RAI-10133 R1) on the NuScale Standard Design Approval Application ML24313A1212024-11-0808 November 2024 LLC - Response to NRC Request for Additional Information No. 020 (RAI-10150 R1) on the NuScale Standard Design Approval Application ML24313A0522024-11-0808 November 2024 LLC Response to NRC Request for Additional Information No. 14 (RAI-10131 R1) on the NuScale Standard Design Approval Application ML24312A4012024-11-0707 November 2024 LLC, Submittal of Pipe Rupture Hazards Analysis, TR-121507, Revision 1 ML24304B0572024-10-30030 October 2024 LLC, Submittal of Presentation Material Entitled ACRS Subcommittee Meeting (Open Session) Chapters 3, 8, and 14 (Including Part 8), PM-175101, Revision 0 ML24304B0462024-10-30030 October 2024 LLC, Reply to a Notice of Violation, EA-24-057 ML24303A2482024-10-29029 October 2024 LLC Submittal of Pressure and Temperature Limits Methodology, TR-130877, Revision 1 ML24269A0082024-10-24024 October 2024 Audit Status - the Staff Review of the NuScale Power, LLC Standard Design Approval (SDA) Application - NuScale US460 ML24296A4702024-10-22022 October 2024 LLC Submittal of NuScale Comprehensive Vibration Assessment Program Analysis Technical Report, TR-121353, Revision 1 ML24281A0182024-10-0707 October 2024 LLC, Response to NRC Request for Additional Information No. 017 (RAI-10135 R1) on the NuScale Standard Design Approval Application ML24281A0202024-10-0707 October 2024 LLC, Response to NRC Request for Additional Information No. 023 (RAI-10177 R1) on the NuScale Standard Design Approval Application ML24214A1272024-09-30030 September 2024 Nuscale Power, LLC – Disputed Cited Violation Revised 05200050/2024201-01 ML24274A1532024-09-30030 September 2024 LLC Submittal of NuScale Containment Leakage Integrity Assurance, TR-123952, Revision 1 ML24271A2822024-09-27027 September 2024 LLC - Response to NRC Request for Additional Information No.026 (RAI-10199 R1) on the NuScale Standard Design Approval Application ML24269A0242024-09-25025 September 2024 LLC, Submittal of Presentation Materials Entitled Sdaa Review Presentation on RPV Connections, PM-174304, Revision 0 ML24256A1452024-09-12012 September 2024 LLC, Submittal of Oath or Affirmation ML24243A0092024-08-30030 August 2024 LLC, Submittal of NuScale Power Module Short-Term Transient Analysis, TR-121517, Revision 1 ML24242A2132024-08-29029 August 2024 LLC Submittal of the Nrc’S Request for Docketing of Resolved Audit Response ML24240A1412024-08-27027 August 2024 LLC - Response to NRC Request for Additional Information No. 16 (RAI-10134 R1) on the NuScale Standard Design Approval Application ML24239A8452024-08-26026 August 2024 LLC, Submittal of NuScale Technical Report, Fluence Calculation Methodology and Results, TR-118976, Revision 1 2025-01-09
[Table view] |
Text
L0-149924 September 12, 2023 Docket No.52-050 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk qqq 0207<g One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738
SUBJECT:
Nu Scale Power, LLC Submittal of Supplemental Information in Support of NRG Review of Topical Report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology," Revision O (Item A-XPC.LTR-4)
REFERENCES:
- 1.
NuScale letter to NRC, "NuScale Power, LLC Submittal of Topical Report 'Extended Passive Cooling and Reactivity Control Methodology,' TR-124587, Revision O," Dated January 5, 2023.
(ML23005A308)
- 2.
NRG letter to NuScale, "Audit Plan for the Staff Review of the NuScale Power, LLC Standard Design Approval Application -
NuScale US460," Dated March 22, 2023. (ML23067A300)
NuScale Power, LLC (NuScale) submitted topical report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology," Revision O for NRG review and approval in Reference 1. To support review of the topical report, the NRG opened an audit (Reference 2). This letter provides a set of digital versatile discs (DVDs) of supplemental information to support NRC review of the topical report submitted in Reference 1. The DVDs are labled (Enclosure 1) and a file included on the DVDs provides a description of the supplemental content.
The DVDs contain information for NRC Staff during technical review of Reference 1. The information on these DVDs is highly sensitive and considered NuScale Confidential, Proprietary Class 2, Export Controlled. This information includes third party information which NuScale is obligated to keep confidential. Accordingly, NuScale requests that the DVDs be withheld in their entirety from public disclosure in accordance with the requirements of 10 CFR § 2.390 and 10 CFR § 810. The enclosed affidavits (Enclosures 2 and 3) support this request.
This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.
NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com
LO-149924 Page 2 of 2 09/12/2023 If you have any questions, please contact Wren Fowler at 541-452-7183 or at sfowler@nuscalepower.com.
Sincerely,
/vt,,4 iJ_
Mark W. Shaver Director, Regulatory Affairs NuScale Power, LLC Distribution: Matthew Mitchell, NRG Getachew Tesfaye, NRG : Supplemental Data Disk for A-XPC.L TR-4 : Affidavit of Carrie Fosaaen, AF-149927 : 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 Supplemental Data Disk for A-XPC.L TR-4 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com L0-149924
N.JScale Power, LLC Submittal of Supplemental Information in Support of
!\\RC Review of Topical Report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology," Revision O (Item A-XPC.l TR-4)
NuScale Confidential, Proprietary Class 2, Export Controlled This disk contains third party information NuScale Power, LLC 1100 NE Circle Blvd.
Suite 200 Corvallis, OR 97330 541-360-0500 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 L0-149924
L0-149924 :
Supplemental Data Disk for A-XPC.L TR-4 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com Affidavit of Carrie Fosaaen, AF-149927 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com L0-149924
NuScale Power, LLC AFFIDAVIT of Carrie Fosaaen I, Carrie Fosaaen, state as follows:
(1)
I am the Vice President 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 NuScate 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 information contained on the digital versatile discs (DVDs) reveals distinguishing aspects about the method by which NuScale analyzes extended passive cooling and reactivity control.
NuScale has performed significant research and evaluation to develop a basis for this 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 (4)
The information sought to be withheld is contained on the subject DVDs transmitted with letter entitled "NuScale Power, LLC Submittal of Supplemental Information in Support of NRC Review of Topical Report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology,"
Revision O (Item A-XPC.L TR-4)." The DVDs bear the designation "Proprietary" since the information they contain is considered by NuScale to be proprietary.
AF-149927 Page 1 of 2
(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. Nu Scale relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC § 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:
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 nqt 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 9/12/2023.
Carrie Fosaaen AF-149927 Page 2 of2
L0-149924 :
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
AFFIDAVIT
- 1.
My name is Morris Byram. I am 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 Enclosure 1 to NuScale letter LO-149924 with subject "NuScale Power, LLC Submittal of Supplemental Information in Support of NRG Review of Topical Report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology," Revision 0 (Item A-XPC.L TR-4)," dated September 12, 2023, 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, 1 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 1 0 CFR 2.390. The information for which withholding from disclosure is
requested qualifies under 10 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(d) 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: (9/12/2023)
BYRAM Morr*, S Digitally signed by BYRAM Morris Date: 2023.09.12 08:00:18 -07'00' (NAME) morris.byram@framatome.com