ML23270B119

LLC, Submittal of Information in Support of NRC Review of Chapter 15, Transient and Accident Analyses, Revision 0, NRC Audit Item A-15.0.2-1

ML23270B119
Person / Time
Site:	99902078, 05200050
Issue date:	09/20/2023
From:	Shaver M NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
L0-151314
Download: ML23270B119 (1)

Text

L0-151314 September 20, 2023 Docket No.52-050 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 Information in Support of NRC Review of Chapter 15, "Transient and Accident Analyses," Revision 0, NRC Audit Item A-15.0.2-1

REFERENCES:

1. NuScale Power, LLC, LO-130883, "NuScale Power, LLC Submittal of the NuScale Standard Design Approval Application Part 2 - Final Safety Analysis Report, Chapter 15, 'Transient and Accident Analyses,' Revision O," December 31, 2022 (ML22365A006)

2. United States Nuclear Regulatory Commission, "Audit Plan for the Staff Review of the NuScale Power, LLC Standard Design Approval Application-NuScale US460," March 22, 2023, (ML23067A300)

NuScale Power, LLC (NuScale) submitted Chapter 15, "Transient and Accident Analyses,"

Final Safety Analysis Report (FSAR) Revision O (Reference 1). During NRC audit of the chapter submittal, NuScale has agreed to provide additional data to support NRC review of the chapter. This letter provides a set of digital versatile disks (DVDs) of supplemental information to support NRC review containing the information requested by the NRC for review. One disk is being provided for the document control desk, and the other disk is being provided for the NRC reviewers.

Information on the DVDs is highly sensitive, considered NuScale Confidential, Proprietary Class 1, and is also Export Controlled Information. 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 affidavit (Enclosure 2) supports 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

L0-151314 Page 2 of2 0912012023 If you have any questions, please contact Thomas Griffith at 541-452-7813 or tgriffith@nuscalepower.com.

Sincerely,

iA~w-,5~-

Mark W. Shaver Director, Regulatory Affairs NuScale Power, LLC Distribution: Matthew Mitchell, NRG Getachew Tesfaye, NRG David Drucker, N'Rc Stacy Joseph, NRG Enclosure 1: DVD for A-15.0.2-1 Enclosure 2: Affidavit of Carrie Fosaaen, AF-151317 NuScale Power, LLC 1100 NE Circle Blvd, Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

L0-151314 :

DVD for A-15.0.2-1 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

L0-151314 NuScale Power, LLC Submittal of Information in Support of NRC Review of Chapter 15, "Transl ent and Accident Analyses," Revision 0, NRC Audit Item A-16.0.2-1 NuScale Confidential, Restricted, Proprietary Class 1 This document contains export controlled information.

NuScale Power, LLC 1100 NE Circle Blvd.

Suite 200 Corvallis, OR 97330 541-360-0500 Nuclea~ 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

L0-151314 :

Affidavit of Carrie Foassen, AF-151317 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

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 procedur~s 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 method by which NuScale develops its Transient and Accident Analyses.

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 in the enclosed response entitled NuScale Power, LLC Submittal of Information in Support of NRC Review of Chapter 15, "Transient and Accident Analyses," Revision 0, NRC Audit Item A-15.0.2-1.

(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-151317 Page 1 of2

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552(b)(4), as well as exemptions applicable to the NRG 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 NuS.cale. 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 NRG 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 NRG, 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 9/20/2023.

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Carrie Fosaaen AF-151317 Page 2 of2