ML24037A006
| ML24037A006 | |
| Person / Time | |
|---|---|
| Site: | 07007004 |
| Issue date: | 01/24/2024 |
| From: | Karen Fitch American Centrifuge Operating |
| To: | Laura Dudes, John Lubinski Document Control Desk, Office of Nuclear Material Safety and Safeguards, NRC/RGN-II |
| References | |
| ACO 24-0003 | |
| Download: ML24037A006 (1) | |
Text
Ame entrifuge rating January 24, 2024 ACO 24-0003 CUI II SP-EXPT I SP-SRI II NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information ATTN: Document Control Desk John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Laura Dudes, Regional Administrator U.S. Nuclear Regulatory Commission, Region II Marquis One Tower 234 Peachtree Center Ave. NE, Suite 1200 Atlanta, GA 30303-1200 American Centrifuge Plant
. Docket Number 70-7004; License Number SNM-2011 Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration INFORMATION TRANSMITTED HEREWITH IS PROTECTED' FROM PUBLIC DISCLOSURE AS CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION AND/OR TRADE SECRETS PURSUANT TO 10 CFR 2.390(a)(4) and 10 CFR 2.390(d)(l)
AND INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM DISCLOSURE PURSUANT TO 10 CFR PART 810
Dear John Lubinski and Laura Dudes:
Pursuant to 10 Code of Federal Regulations (CFR) 70.72(d)(3), American Centrifuge Operating, LLC (ACO) hereby submits to the U.S. Nuclear Regulatory Commission (NRC) changed pages of LA-3605-0003, Integrated Safety Analysis Summary for the American Centrifuge Plant, as and changed pages ofLA-3605-0003A, Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration, as Enclosure 2. Based upon the security markings, the changed pages for LA-3605-0003AG, (U) Classified Iriformation Supporting Addendum 1 of the Integrated Safety Analysis, are being transmitted under separate Documents transmitted herewith contain CUI II SP-EXPT I SP-SRI II NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is Uncontrolled.
American Centrifuge Operating, LLC 3930 U.S. Route 23 South - P.O. Box 628 Piketon, OH 45661
CUI// SP-EXPT /SP-SRI// NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information John Lubinski and Laura Dudes January 24, 2024 ACO 24-0003, Page 2 cover, ACO 24-0008.
Changes from the previous submittals transmitted to the NRC are designated with revision bars in the right-hand margin. The changes noted within Enclosures 1 and 2 have been reviewed in accordance with 10 CFR 70.72 and have been determined not to require prior NRC approval.
Additionally, in accordance with 10 CFR 70.5(a)(4)(b), previous reporting of this information failed to properly address this Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration, to the Region II Regional Administrator, which has been corrected with this submittal.
Enclosures 1 and 2 contain Proprietary Information and ACO requests these enclosures be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4). An affidavit required by 10 CFR 2.390(b)(l)(ii) is provided as Enclosure 3.
Enclosures 1 and 2 contain Security-Related Information; therefore, ACO requests these enclosures be withheld from public disclosure pursuant to 10 CFR 2.3 90( d)( 1 ). In accordance with the guidance provided by the U.S. Department of Energy, Enclosures 1 and 2 also contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR Part 810.
If you have any questions regarding this matter, please contact me at (740) 897-3859.
Kelly L. Fitch Regulatory Manager
Enclosures:
As Stated cc (without Enclosures, unless otherwise noted):
C. Blanton, DOE Idaho Y. Paraz, NRC HQ (Enclosures)
A. Ford, DOE Idaho J. Hutson, Contractor J. Lingard, DOE Idaho L. Pitts, NRC Region II (Enclosures)
M. Reim, DOE-NE J. Tobin, NRC HQ (Enclosures)
D. Woodyatt, NRC HQ (Enclosures)
Documents transmitted herewith contain CUI// SP-EXPT /SP-SRI// NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is Uncontrolled.
of ACO 24-0003 Affidavit Information Contained Within Does Not Contain Export Controlled Information Reviewer:
Lori Hawk, ACO Date: 01/23/2024
AFFIDAVIT OF LARRY B. CUTLIP SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN INFORMATION PROVIl)ED TO NRC IN LETTER ACO 24-0003 I, Larry B. Cutlip, of American Centrifuge Operating, LLC (ACO), having been duly sworn, do herby affirm and state:
- 1. I have been authorized by ACO to (a) review the information owned by ACO which is referenced herein relating to ACO's submittal of changed pages ofLA-3605-0003, Integrated Safety Analysis Summary for the American Centrifuge Plant, and LA-3605-0003A, Addendum I of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration, as described in letter ACO 24-0003, which ACO seeks to have withheld from public disclosure pursuant to section 147 of the Atomic Energy Act (AEA), as amended, 42 U.S.C. § 2167, and 10 CFR 2.390(a)(4), and 9.l 7(a)(4), and (b) apply for the withholding of such information from public disclosure by the U.S. Nuclear Regulatory ~ommission (NRC) on behalf of ACO.
- 2. Consistent with the provisions of 10 CFR 2.390(b)(4) of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld.
- 1.
The information sought to be withheld from public disclosure is owned and has been held in confidence by ACO.
- 11. The information is of a type customarily held in confidence by ACO and not customarily disclosed to the public. ACO has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute ACO policy and provide the rational
basis required. Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
a) The information reveals the distinguishing aspects of a process ( or component, structure, tool, method, etc.) where presentatimJ: of its use by any of ACO's competitors without license from ACO constitutes a competitive economic advantage over other compames.
b) It consists of supporting data, including test data, relative to a process ( or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage (e.g., by optimization or improved marketability).
c) Its use by a competitor would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of ACO, its customers or suppliers.
e) It reveals aspects of past, present, or future ACO or customer funded development plans and programs of potential commercial value to ACO.
f) It contains patentable ideas, for which patent protection may be desirable.
g) It reveals information concerning the terms and conditions, work performed, administration, performance under or extension of contracts with its customers or suppliers.
iii. There are sound policy reasons behind the ACO system which include the following:
a) The use of such information by ACO gives ACO a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the ACO competitive position.
b) It is information, which is marketable in many ways. The extent to which such information is available to competitors diminishes ACO's ability to sell products and services involving the use of the information.
c) Use by our competitors would put ACO at a competitive disadvantage by reducing their expenditure of resources at ACO expense.
d) Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components or proprietary information, any one component may be the key to the entire puzzle, thereby depriving ACO of a competitive advantage.
e) Unrestricted disclosure would jeopardize the position of prominence of ACO in the world market, and thereby give a market advantage to the competition of those countries.
f) The ACO capacity to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
iv. The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.
- v. The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
- 3. The proprietary information sought to be withheld is contained within Enclosures 1 and 2 of letter ACO 24-0003. Enclosure 1 provides changed pages for LA-3605-0003, Integrated Safety Analysis Summary for the American Centrifuge Plant. Enclosure 2 provides changed pages for LA-3605-0003A, Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration. These enclosures provide detailed descriptions, diagrams, and process related information to the deployment of ACO's high-
assay low enriched uramum (HALEU) enrichment Plant; therefore, determined to be proprietary. Public disclosure of this proprietary information is likely to cause substanti_al harm to the competitive position of ACO because it may enhance the ability of competitors to position and provide similar products. Moreover, disclosure of this information may provide insights into the design of ACO's American Centrifuge technology, including structures, systems, and components categorized as Export Controlled Information.
Further, this information has substantial commercial value as follows:
The development of the information described in part is the result of applying many hundreds of person-hours and the expenditure of thousands of dollars on design and analysis activities to achieve the information that is sought to be withheld; and In order for a competitor of ACO to duplicate the information sought to be withheld, a similar process would have to be undertaken and a significant effort and resources would have to be expended.
Further the deponent sayeth not.
Larry B. Cutlip, having been duly sworn, hereby confirms that I am the President of American Centrifuge Operating,
- LLC, that I am authorized on behalf of ACO to review the information attached hereto and to sign and file with the U.S. Nuclear Regulatory Commission this affidavit and the attachments hereto, and that the statements made and matters set forth herein are true and correct to the best of my knowledge, information, and belief.
On this 24th day of January 2024, Larry B. Cutlip personally appeared before me, is known by me to be the person whose name is subscribed to within the instrument and acknowledged that he executed the same for the purposes therein contained.
In witness hereof I hereunto set my hand and official seal.
State of Tennessee Notary Public Anderson County My commission ends October 26, 2024