ML23348A283
| ML23348A283 | |
| Person / Time | |
|---|---|
| Site: | 99902078, 05200050 |
| Issue date: | 12/13/2023 |
| From: | Shaver M NuScale |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| Shared Package | |
| ML23348A289 | List: |
| References | |
| LO-152045 | |
| Download: ML23348A283 (1) | |
Text
LO-152045 December 13, 2023 Docket No.52-050 tf' 9 f I} z_DJg 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 Supplemental Information in Support of Review of "Methodology for the Determination of the Onset of Density Wave Oscillations (DWO)," TR-131981-P, Revision 1, Audit Question A-DWO.LTR-11
REFERENCES:
~*
- 1. NuScale Power, LLC, TR,131981-P, Revision 1, "Methodology for the Determination of the Onset of Density Wave Oscillations (DWO),"
July 2023. (ML23198A244)
NuScale Power, LLC (NuScale) submitted TR-131981-P Revision 1, "Methodology for the Determination of the Onset of Density Wave Oscillations (DWO)" (Reference 1). During the NRC audit of the topical report, NuScale agreed to provide data to support NRC review. This letter provides two digital versatile discs (DVDs) with NRC requested files to support the NRC audit of Reference 1. 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 2 and is also Export Con.trolled 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 mak~s no regulatory commitments and no revisions to any existing regulatory commitments.
- If you have any questions, please contact Jim Osborn at 541-360-0693 or at josborn@nuscalepower.com.
Sincerely,
,1GiwJi, w. ~ p12--"1-Mark W. Shaver Director, Regulatory Affairs
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NuScale Power, LLC
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NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com J
LO-152045 Page 2 of2 12/13/2023 Distribution: Mahmoud Jardaneh, NRG Getachew Tesfaye, NRG David Drucker, NRG Enclosure 1: NuScale Power, LLC Submittal of Supplemental Information in Support of Review of "Methodology for the Determination of the Onset of Density Wave Oscillations (DWO)," TR-131981-P, Revision 1, Audit Question A-DWO.L TR-11 Enclosure 2: Affidavit of Carrie Fosaaen, AF-152046 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com
LO-152045 :
Affidavit of Carrie Foassen, AF-152046 NuScale Power, LLC 11oo*r~I Circle Blvd~ Sufte 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928-":°~ -
www.nuscalepower.com
NuScale Power, LLC AFFIDAVIT of Carrie Fqsaaen I, Carrie Fosaaen, state as follows:
(1) I am the Vice President of Regulat6ry Affairs of NuScale Power, LLC (NuScale), and as s,uch, 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.
I (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 files reveal distinguishing aspects about the modeling of the density wave oscillation (DWO) phenomenon in the NPM-20 by which NuScale develops its evaluation methodology for DWO onset. :
NuScale has performed significant research and evaluation to develop a basis for this evaluation methodology 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 9r having been requ,ired 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 audit response with DVD entitled DWO Supplemental Information Disc. The enclosure contains the designation "Proprietary" at the top of each page containing proprietary information. The information considered by NuScale to be proprietary is identified within double braces, "((" in the document. [Delete this line if presentation] AF-152046 Page 1 of2
V {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 § 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 aisclosures to third parties, including 1:my 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 informati9n, and the difficulty others would have in acquiring er 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 December 13, 2023. Carrie Fosaaen
- AF-152046 Page 2 of2
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