ML24024A055

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LLC Submittal of Information in Support of NRC Review of Sdaa Chapter 3
ML24024A055
Person / Time
Site: 99902078, 05200050
Issue date: 01/19/2024
From: Griffith T
NuScale
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
L0-156388
Download: ML24024A055 (1)


Text

L0-156388 January 19, 2024 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 SDAA Chapter 3 NuSca1e is providing supporting information requested by NRC Audit Item A-3.8.2-11. This letter provides two digital versatile discs (DVDs). One disc is being provided for the document control desk, and the other disc is being provided for the NRC reviewers.

Information on the DVDs is highly sensitive, considered NuScale Confidential, Proprietary Class 2, 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 cpmmitments.

If you have any questions, please contact Elisa Fairbanks at (541) 452-7872 or at EFairbanks@nuscalepower.com.

Sincerely, Manager, Licensing NuScale Power, q..c Distribution: Mahmoud Jardaneh, NRC Getachew Tesfaye, NRC Prosanta Chowdhury, NRC NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

l,0-156388 Page 2 of2 01/19/2024 : lnformalion in Support of NRC Audit Item A-3.8.2-11 : Affidavit of Carrie Fosaaen, AF-156389 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 CoJVallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com Information in Support of NRC Audit Item A-3.8.2-11 Information in Support of NRC Audit Item A-3.8.2-11 NuScale Confidential, Proprietary Class 2, Export Controlled This document contains export controlled 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 L0-156388 Affidavit of Carrie Fosaaen, AF-156389 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com L0-156388

I, Carrie Fosaaen, state as follows:

NuScale Power, LLC AFFIDAVIT of Carrie Fosaaen (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 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 tc;> 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 pr-Oduct.

(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, contained on the discs, reveals distinguishing aspects about the process by which NuScale develops its short term transient valve actuation loads.

NuScale has performed significant research and evaluation to develop a basis for this process 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 DVDs transmitted with the letter entitled, "Information in Support of NRC Audit Item A-3.8.2-11." The DVDs bear the designation "Proprietary" since the information they contain is considered by NuScale to be proprietary.

(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-156389 Page 1 of2

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 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 foregoin~tr.ue-and correct. Executed on January 19, 2024.

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Carrie Fosaaen AF-156389 Page 2 of2