ML24135A294

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)

ML24135A294
Person / Time
Site:	05200050, 99902078
Issue date:	04/25/2024
From:	Fosaaen C NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LO-162797
Download: ML24135A294 (1)

Text

LO-162797

April 25, 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 Resubmittal of Supplemental Information in Support of NRC Review of Topical Report TR - 124587-P, "Extended Passive Cooling and React ivity Control Methodology," Revision O (A-XPC.LTR-8 Resubmittal)

REFERENCES:

1. NuScale Letter to NRC, " 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 (A-XPC.LTR-8), dated January 25, 2024

In Reference 1, NuScale Power, LLC (NuScale) submitted supplemental information on data discs in support of topical report TR-124587-P, "Extended Passive Cooling and Reactivity Control Methodology," Revision 0. This letter resubmits the supplemental information provided in Reference 1 on data discs of a different format. The discs are labeled (Enclosure 1) and a file included on the discs provides a description of the supplemental content.

The discs contain information for NRC Staff during technical review of TR - 124587 - P. The information on these d iscs 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 discs be withheld in their entirety from public disclosure in accordance with the requirements of 10 CFR § 2.390. The enclosed affidavits (Enclosure 2 and 3) support this request. The discs also contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR § 810.

This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.

If you have any questions, please contact Thomas Griffith at 541-452 - 7813 or tgriffith@nuscalepower.com.

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com L0-162797 Page 2 o f 2 04/25/202 4

I declare under penalty of perjury that the foregoing is true and correct. Executed on April 25, 2024.

Sincerely, _ _

r:7

~ - 2--- --

Carrie Fosaaen Vice President, Regulatory Affairs NuScale Power, LLC

Distribution: Mahmoud Jardaneh, NRC Getachew Tesfaye, NRC

Enclosure 1: Supplemental Data Disc for A-XPC.L TR-8 Resubmittal Enclosure 2 : Affidavit of Carrie Fosaaen, AF-162802 Enclosure 3 : Affidavit of Morris Byram, Framatome

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com LO-162797

Affidavit of Carrie Fosaaen, AF-162802

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Colvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com 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 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 information contained on the data discs 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 data discs transmitted with letter entitled "NuScale Power, 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)." The data discs bear the designation "Proprietary" since the information they contain is considered by NuScale to be proprietary.

AF-162802 Page 1 of2 (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 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 t~~_J;lnd correct. Executed on 4/25/2024.

/} I/

~1-2---*--

Carrie Fosaaen

AF-162802 Page 2of2 LO-162797

Affidavit of Morris Byram, Framatome

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvams, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com AFFIDAVIT

1. My name is Morris Byram. I am Product 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

entitled "Supplemental Data Disc for A-XPC.LTR-8 Resubmittal," to the NuScale Power, LLC

letter Number LO-162797 with subject "NuScale Power, LLC Resubmittal of Supplemental

Information in Support of NRC Review of Topical Report TR-124587-P, 'Extended Passive

Cooling and Reactivity Control Methodology,' Rev. 0 (A-XPC.LTR-8 Resubmittal)", 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, I 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(d) and 6(e) 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 : (4/18/2024)

lly signed by BYRAM Morris BYRAM M

• DigitaQ rn $ Date: 2024.04.18 11:21 :44 -07'00'

( NAME)

Email: morris.byram@framatome.com Phone: 434-221 - 1082 L0-162797

Supplemental Data Disc for A-XPC.L TR-8 Resubmittal

NuScale Power, LLC Resubmittal of Supplemental Information in Support of NRC Review ofTopical Report TR -124587.P, "Exte nded Passive Cooling and Reactivity Contro l Methodology," Revision O (A.XPC.LTR-8 Resubmittal)

NuScale Confidential, Proprietary Class 2, Export Controlled This disc contains third party lnfonnatlon

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 541107.3928 www.nuscalepower.com