ML24205A211

LLC, Response to NRC Request for Additional Information No. 022 (RAI-10157 R1) on the NuScale Standard Design Approval Application

ML24205A211
Person / Time
Site:	05200050
Issue date:	07/23/2024
From:	Shaver M NuScale
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML24205A210	List: ML24205A211
References
RAIO-172486
Download: ML24205A211 (1)

Text

RAIO-172486

July 23, 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 Response to NRC Request for Additional Information No. 022 (RAI-10157 R1) on the NuScale Standard Design Approval Application

REFERENCE:

1. NRC Letter to NuScale, Request for Additional Information No. 022 (RAI-10157 R1), dated March 20, 2024

The purpose of this letter is to provide the NuScale Power, LLC (NuScale) response to the referenced NRC Request for Additional Information (RAI).

The enclosures to this letter contain NuScale's responses to the following RAI questions from NRC RAI-10157 R1:

x 9.3.4-1 x 9.3.4-2 x 9.3.4-3 is the proprietary response to Question 9.3.4-3 of the NuScale Response to NRC RAI No. 022 (RAI-10157 R1). NuScale requests that the proprietary version be withheld from public disclosure in accordance with the requirements of 10 CFR § 2.390. The enclosed affidavit (Enclosure 3) supports this request. Enclosure 2 is the nonproprietary version of the NuScale responses to Questions 9.3.4-1, 9.3.4-2 and 9.3.4-3.

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

If you have any questions, please contact Chelsea Lockwood at 541-452-7171 or at clockwood@nuscalepower.com.

I declare under penalty of perjury that the foregoing is true and correct. Executed on July 23, 2024.

Sincerely,

Mark W. Shaver Director, Regulatory Affairs NuScale Power, LLC

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com RAIO-172486 Page 2 of 2 07/23/2024

Distribution: Mahmoud Jardaneh, Chief New Reactor Licensing Branch, NRC Getachew Tesfaye, Senior Project Manager, NRC Greg Cranston, Project Manager, NRC

Enclosure 1: NuScale Response to NRC Request for Additional Information RAI-10157 R1, proprietary Enclosure 2: NuScale Response to NRC Request for Additional Information RAI-10157 R1, nonproprietary Enclosure 3: Affidavit of Mark W. Shaver, AF-172488

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com RAIO-172486

NuScale Response to NRC Request for Additional Information RAI-10157 R1, proprietary

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com RAIO-172486

NuScale Response to NRC Request for Additional Information RAI-10157 R1, nonproprietary

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

NuScaleNonproprietary NuScaleNonproprietary

NuScaleNonproprietary

NuScaleNonproprietary

NuScaleNonproprietary NuScaleNonproprietary

NuScaleNonproprietary

NuScaleNonproprietary

Issue

A standard design approval applicant is required to perform a design-specific probabilistic risk assessment (PRA) and document its description and results in the application. The capability of the CVCS to provide makeup inventory to the RCS is relied on in several sequences in the PRA. FSAR Table 19.1-3 identifies the CVCS check valve locations and CVCS flow area restrictions as key design features resulting from the PRA analyses for minimizing the likelihood of a break outside containment and reducing large release frequency and the conditional

NuScaleNonproprietary NuScaleNonproprietary

NuScaleNonproprietary NuScaleNonproprietary

NuScaleNonproprietary

RAIO-172486

Affidavit of Mark W. Shaver, AF-172488

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 Mark W. Shaver

I, Mark W. Shaver, state as follows:

(1) I am the Director 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 competitors 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 NuScales competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying Request for Additional Information response reveals distinguishing aspects about the response by which NuScale develops its NuScale Power, LLC Response to NRC Request for Additional Information (RAI No. 10157, Question 9.3.4-3) on the NuScale Standard Design Approval Application.

NuScale has performed significant research and evaluation to develop a basis for this response 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, NuScales 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 NuScales 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 to NRC Request for Additional Information RAI 10157 Question 9.3.4-3. 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.

AF-172488 Page 1 of 2 (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 NuScales 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 July 23, 2024.

Mark W. Shaver MkWSh

AF-172488 Page 2 of 2}}