ML25056A127
| ML25056A127 | |
| Person / Time | |
|---|---|
| Site: | 05200050 |
| Issue date: | 02/25/2025 |
| From: | Shaver M NuScale |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| Shared Package | |
| ML25056A126 | List: |
| References | |
| RAIO-179804 | |
| Download: ML25056A127 (1) | |
Text
RAIO-179804 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com February 25, 2025 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. 033 (RAI-10298 R1) on the NuScale Standard Design Approval Application
REFERENCE:
NRC Letter to NuScale, Request for Additional Information No. 033 (RAI-10298-R1), dated October 31, 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 enclosure to this letter contains NuScale's response to the following RAI question from NRC RAI-10298 R1:
XPC.LTR-23 is the proprietary version of the NuScale response to NRC RAI No. 033 (RAI-10298 R1, Question XPC.LTR-23). 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 response.
This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.
If you have any questions, please contact Amanda Bode at 541-452-7971 or at abode@nuscalepower.com.
I declare under penalty of perjury that the foregoing is true and correct. Executed on February 25, 2025.
Sincerely, Mark W. Shaver Director, Regulatory Affairs NuScale Power, LLC
RAIO-179804 Page 2 of 2 02/25/2025 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com Distribution:
Mahmoud Jardaneh, Chief New Reactor Licensing Branch, NRC Getachew Tesfaye, Senior Project Manager, NRC NuScale Response to NRC Request for Additional Information RAI-10298 R1, Question XPC.LTR-23, Proprietary :
NuScale Response to NRC Request for Additional Information RAI-10298 R1, Question XPC.LTR-23, Nonproprietary :
Affidavit of Mark W. Shaver, AF-179806
RAIO-179804 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com NuScale Response to NRC Request for Additional Information RAI-10298 R1, Question XPC.LTR-23, Proprietary
RAIO-179804 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com NuScale Response to NRC Request for Additional Information RAI-10298 R1, Question XPC.LTR-23, Nonproprietary
Response to Request for Additional Information Docket: 052000050 RAI No.: 10298 Date of RAI Issue: 10/31/2024 NRC Question No.: XPC.LTR-23 Issue By letter dated January 6, 2023 (ML23011A012), NuScale submitted NRELAP5 files via DVD to support review of the XPC LTR and other LTRs that support the SDAA. NuScale informed NRC in February 2024, that a code error was found. Subsequently, NuScale informed NRC that a new code version, NRELAP5 v1.7, was being released and would be used for the SDAA and supporting topical reports. By letter dated August 6, 2024, (ML24228A242), NuScale submitted
(( 2(a),(c) Information Requested In order for the staff to complete its technical review of the analytical approach and base its findings on submitted information relevant to the version of the code utilized in developing the EM, NuScale is requested to re-submit any of the remaining files impacted by this code version change. All files affected by the revision to v1.7, (( }} 2(a),(c), need to be resubmitted to provide a complete submittal package for all four of these LTRs. (( }} 2(a),(c) Note that similar requests are being made for all four LTRs, and responses can reference each other. NuScale Nonproprietary NuScale Nonproprietary
NuScale Response: NuScale previously submitted (( }}2(a),(c) NRELAP5 version 1.7 (v1.7) in the following letter: NuScale letter to NRC, LO-172700, NuScale Power, LLC Submittal of Supplemental Information in Support of Review of TR-131981-P, Methodology for the Determination of the Onset of Density Wave Oscillations (DWO), Revision 1 Audit Question A-DWO.LTR-127, dated August 6, 2024. In addition, NuScale previously submitted supporting information for NRELAP5 version 1.7 (v1.7) (( }}2(a),(c) in the following letter: NuScale letter to NRC, LO-175108, NuScale Power, LLC Submittal of Supplemental Information in Support of NRC Review of NuScale Topical Reports Associated with the Standard Design Approval Application, dated October 17, 2024. The October 17, 2024 letter contained the files shown in Table 1 below. Table 1: Files Contained in October 17, 2024 NuScale Letter to NRC (( }}2(a),(c) Together, the two submittals provide the information requested. NuScale Nonproprietary NuScale Nonproprietary
Based on discussions with the NRC during a clarification call associated with the advanced draft request for additional information on September 21, 2024, the NRC clarified that additional comparisons between NRELAP5 version 1.6 (v1.6) and v1.7 for the NPM-20 design-basis events are needed to answer this question. Specifically, the NRC expressed interest in NRELAP5 v1.6 and v1.7 comparisons for the (( }}2(a),(c) from the extended passive cooling analysis. Results from the requested comparison for the (( }}2(a),(c) EE-175345, Revision 0, Comparison Study of NRELAP5 Version 1.6 and 1.7, which is provided for NRC audit with the response to request for additional information question NonLOCA.LTR-50. The comparison results demonstrate that extended passive cooling transient results are not significantly affected by the code version change. In response to a clarification call with the NRC on November 25, 2024, NuScale submitted NRELAP5 input files in the following letter: NuScale letter to NRC, LO-176112, NuScale Power, LLC Submittal of Supplemental Information in Support of NRC Review of NuScale Topical Reports Associated with the Standard Design Approval Application, dated December 2, 2024. The December 2, 2024 letter contained the files shown in Table 2 below. Table 2: Files Contained in the December 2, 2024 NuScale Letter to NRC (( }}2(a),(c) NuScale Nonproprietary NuScale Nonproprietary
Impact on Topical Report: There are no impacts to Topical Report TR-124587, Extended Passive Cooling and Reactivity Control Methodology, as a result of this response. NuScale Nonproprietary NuScale Nonproprietary
RAIO-179804 NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360.0500 Fax 541.207.3928 www.nuscalepower.com Affidavit of Mark W. Shaver, AF-179806
AF-179806 Page 1 of 2
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. 10298 R1, Question XPC.LTR-23) 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 No. 10298 R1, Question XPC.LTR-23. 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-179806 Page 2 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 February 25, 2025. Mark W. Shaver}}