ML25127A327
| ML25127A327 | |
| Person / Time | |
|---|---|
| Site: | 99902049 |
| Issue date: | 05/07/2025 |
| From: | Victoria Huckabay NRC/NRR/DNRL/NLIB |
| To: | Haneman M Holtec International SMR |
| References | |
| Download: ML25127A327 (4) | |
Text
May 7, 2025 Monica Haneman Licensing Engineer SMR, LLC 1 Holtec Blvd.
Camden, NJ 08104
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SMR, LLC (A HOLTEC INTERNATIONAL COMPANY) PREAPPLICATION MEETING MATERIALS FOR MAY 8, 2025, PUBLIC MEETING
Dear Monica Haneman:
By letter dated April 25, 2025, you submitted an affidavit requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390, Public inspections, exemptions, requests for withholding, of Title 10 of the Code of Federal Regulations (10 CFR): 1, 2
, Proprietary Slides, SMR, LLC PSAR Fire Analyses Plan Closed Session, May 8, 20253 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (8) and (9) shown below:
(8)
The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtecs competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
1 Letter from M. Haneman to NRC, SMR, LCC Preapplication Meeting Materials for May 8, 2025 (Project No. 99902049, dated April 25, 2025 (Agency Documents Accession Management System (ADAMS) Accession No. ML25115A261, part of package ML25115A260).
2 Letter from M. Haneman to NRC, Enclosure 3: Affidavit Pursuant to 10 CFR 2.390, dated April 25, 2025 (ML25115A264, part of package ML25115A260).
3 Letter from M. Haneman to NRC, Enclosure 2, Proprietary Slides, SMR, LLC PSAR Fire Analyses Plan Closed Session, dated April 25, 2025 (ML25115A263, part of package ML25115A260).
M. Haneman 2
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's SMR-300 technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
M. Haneman 3
If you have any questions regarding this matter, I may be reached at 301-415-5183.
Sincerely, 5/7/2025 X
Victoria V. Huckabay Signed by: Nuclear Regulatory Commission Victoria V. Huckabay, Senior Project Manager Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No: 99902049