ML24341A133

Abilene Christian University, Nuclear Energy Experimental Testing Lab., Msrr Degradation Management Program

ML24341A133
Person / Time
Site:	Abilene Christian University
Issue date:	12/05/2024
From:	Towell R Abilene Christian University, Nuclear Energy eXperimental Testing Lab
To:	Office of Nuclear Reactor Regulation, Document Control Desk
Shared Package
ML24341A132	List: ML24341A133 ML24341A135
References
Download: ML24341A133 (1)

Text

Finding global solutions to the worlds most critical needs.

Abilene Christian University Nuclear Energy eXperimental Testing Lab ACU Box 28208, Abilene, Texas 79699-8208 acunextlab.org December 5, 2024 Docket No. 50-610 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, DC 205550001

Subject:

Abilene Christian University MSRR Degradation Management Program On September 16, 2024, the Nuclear Regulatory Commission issued a construction permit to Abilene Christian University for the Molten Salt Research Reactor (ML24243A040). Permit condition 3.D(b) requires ACU to submit its Degradation Management Program to the NRC prior to beginning construction of the MSRR. A proprietary version of the Program is provided as Enclosure 1 and a redacted, public version is provided as Enclosure 2.

Abilene Christian University and Natura Resources request that Enclosure 1 be withheld from public disclosure in accordance with the provisions of 10 CFR 2.390. An affidavit supporting the withholding request is provided in Enclosure 3. The proprietary information of Enclosure 1 is also identified as Export Controlled Information and must be protected in accordance with 10 CFR 810.

If there are further questions, please contact Lester.Towell@acu.edu or Brazos.Fitch@acu.edu.

I declare under penalty of perjury that the information in the enclosed Degradation Management Program is true and correct.

Executed on December 5, 2024.

Rusty Towell, PhD Director of NEXT Lab

Enclosures:

1. Degradation Management Program (proprietary)

2. Degradation Management Program (public)

3. Request for Withholding from Public Disclosure and Affidavit in Accordance with 10 CFR 2.390(a)(4)

Document Control Desk Page 2 Cc:

Richard Rivera, Project Manager, NRR Advanced Reactor Licensing Branch 2 Jorge Hernandez, Project Manager, NRR Advanced Reactor Licensing Branch 2 Brian Bettes, Project Manager, NRR Advanced Reactor Licensing Branch 2 Edward Helvenston, Project Manager, NRR Non-Power Production and Utilization Facility Licensing Branch

Page 1 of 2 Request for Withholding from Public Disclosure and Affidavit in Accordance with 10 CFR 2.390(a)(4)

Natura Resources (Natura) is funding the construction of the Abilene Christian University (ACU) Molten Salt Research Reactor (MSRR), and as part of the funding effort, is licensing to ACU the design of Naturas MSR-1, a 1 MWth molten salt reactor.

In addition, Natura has entered into sponsored research agreements with ACU and three other universities (Other Universities) to assist in the development of the MSR system and the construction of the MSRR whereby Natura owns exclusive rights to the intellectual property developed under those sponsored research agreements. Under those agreements, the intellectual property developed is confidential for three years from development and considered trade secrets of Natura unless Natura has opted to publicly disclose and/or file a patent application on the technology. As owner of these exclusive proprietary and confidential rights, Natura is executing this affidavit to support the protection of those rights during the NRC review of licensing related documents submitted by ACU for the MSRR.

I, Jordan Robison, state:

1. I am the Vice President of Engineering and Program Management for Natura Resources. I have been specifically delegated the function of reviewing the information to be withheld and I am authorized to apply for the withholding of the information on behalf of Natura.

2. The information sought to be withheld, in its entirety, with this request is contained in Enclosure 1, which accompanies this Affidavit.

3. 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.

4. The request for withholding is based upon the following:

a. The information sought to be withheld is owned and has been held in confidence by ACU, the Other Universities, and Natura as confidential and proprietary, trade secret information.

b. The information is of a type that is customarily held in confidence by ACU, the Other Universities, and Natura based on the rationale described in this affidavit.

c. The information is being transmitted to and, pursuant to 10 CFR 2.390, received by the NRC in confidence.

Page 2 of 2

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. The information requested to be withheld reveals specific distinguishing design aspects. The information consists of supporting data relative to a process, component, structure, tool, method, etc., and the application of the data secures a competitive economic advantage as described in paragraph 5.

f. 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.

5. Public disclosure of the information sought to be withheld is likely to cause substantial harm to Natura's competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying information reveals distinguishing aspects about Naturas proprietary process for design of the molten salt reactor.

Natura has expended a considerable sum of money to fund significant research and evaluation to develop a basis for the design information, including that with ACU and the Other Universities. The precise financial value of the information is difficult to quantify, but it is a key element of the design basis for a Natura proprietary molten salt reactor design and, therefore, has substantial value to Natura.

If the information were disclosed to the public, Natura's competitors would have access to the information without purchasing or entering into a license for the right to use it or having been required to undertake a similar expenditure of resources. Such disclosure would constitute a misappropriation of Natura's intellectual property and would deprive Natura of the opportunity to exercise its competitive advantage to seek an adequate return on its investment.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on December 5, 2024.

Jordan Robison Vice President of Engineering and Program Management Natura Resources