NL-20-0828, Attachment 5 - Caw 20-05, Application for Withholding Proprietary Information from Public Disclosure

Attachment 5 - Caw 20-05, Application for Withholding Proprietary Information from Public Disclosure

ML20206K833
Person / Time
Site:	Farley
Issue date:	06/24/2020
From:	Phillips J Cameron Technologies US, Sensia, Southern Nuclear Operating Co
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
CAW 20-05, NL-20-0828
Download: ML20206K833 (8)

Text

Supplement to LAR for MUR-PU (NL-20-0828) Page 36 of43 Attachment 5 CAW 20-05, APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE

Page 37 of43 Cameron Technologies US LLC June 24, 2020 CAW20-05 Document Control Desk U. s. Nuclear Regulatory Commission Washington, DC 20555 APPLICATION FOR WITHHOLDING PROPRIETARY INFORMATION .FROM PUBLIC DISCLOSURE

Subject:

Rev. 1 Errata documents supplementing Cameron Engineering ReportER-1180P Rev. 1 and Rev.

1 Errata "Bounding Uncertainty Amalysis for Thermal Power Determination at Farley Unit 1 Using the LEFM., + System" and ER-1181 P Rev. 1 and Rev 1. Errata *isounding Uncertainty Analysis for Thermal Power Determination at Farley Unit 2 Using the LEFM .., + System" Gentlemen:

This application for-withholding is submitted by Cameron Technologies US, LLC, a Delaware limited liability company (herein called "Cameron") pursuantto the provisions of paragraph (b)(1) of Section 2.390 ofthe Commission's regulations. it contains trade secrets and/or *commercial information proprietary to Cameron and customarily held in confidence.

The proprietary information for which withholding is being requested is identified in the subject submittal. In conformance with 10CFR Section 2.390, Affidavit CAW 20-05 accompanies this application for withholding setting forth the basis on which the identified proprietary information may be withheld from public disclosure.

Accordingly, it is respectfully requested thatthe subject information, which is proprietary to Cameron, be withheld from public disclosure. in accordance with 10 CFR Section 2.390 of the Commission's regulations.

Correspondence with respect to this application for withholding or the accompanying affidavit should reference CAW 20-05 and should be addressed to the undersigned.

~;~

cZ:'~na Phillips Nuclear Sates Manager Enclosures (Only upon separation of the enclosed confidential material should this letter and affidavit be released:)

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Supplement to LAR for MUR-PU (NL-20-0828)

?JiiJ82°4;1020 CAW2O-05 AFFIDA\iiT COMMONWEALTH OF PENNSYLVANIA:

ss COUNTY OF ALLEGHENY:

Before me, the undersigned authority, personally appeared Joanna Phillips, who, being by me duly sworn according t9 law, deposes and says that she is authorized to t:xecute this Affidavit on behalf of Cameron Technologies US, LLC, a Delaware limited liability company (herein called "Cameron"},.and that the averments of fact set forth in this Affidavit are true and correct to the best of her knowledge, information, and belie.f. . .* . *. ~ . .. -. **.**

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J~hillips Nuclear Sales Manager Signed and sworn to before me thi~ j4 Th day of if&'"- .2020 JJ\llN\wA. -~h-\M Notary Public C*mmol)weallh of Pennsylvania - Notary Seal Frances A. Lewis, Notary Public Allegheny County My commission expires November 25, 2022 Commlss_lon number 1287160 Member,.Pennsylvani11.Assoeiation of Notaries 1

Supplement to LAR for MUR-PU (NL-20-0828)

Jff'iiJ 2°4;~ 0 2 0 9

CAW20-05

1. I am the Nuclear Sales Manager for Caldon Technologies US, LLC, and as such, I have been specifically delegated the function of reviewing the proprietary information sought to be Withheld from public disclosure in connection with nuclear power plant licensing and rulemaking proceedings, and am autho.rized to apply for its* wi:thholdjng on behalf of Cameron.

2. I am making t;his Affidavit in conformance with the provisions of 10 CFR Section 2.390 of the Commission's regulations and in conjunction with the Cameron application for withholding accompanying this Affidavit.

3. I have personal knowledge of the criteria and procedures utilized by Cameron in designating information as a trade secret, privileged or as confidential commercicd or financial information.

4. Cameron requests that the information identified in paragraph S(v) below be withheld from the public on the following bases:

Trade secrets and commercial information obtained from a person and privileged or confidential The material and information provided herewith is so designated by Cameron, in accordance with those criteria and procedures, for the reasons set forth below.

5. Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether -the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to he withheld from public disclosure is owned and has be~n held in confidence by Cameron.

(ii) The information is of a type customarily held in confidence by Cameron and not customarily disclosed to the public. Cameron has a rational basis for determining the types of information customarily held in confidence by it and, in that connection utilizes a 2

Supplement to LAR for MUR-PU (NL-20-0828) Page 40 of43 June 24, 2020 CAW20-05 system to determine when and whether to hold certain types of information in confidence; The application of that system and the substance .of that system constitutes Cameron policy and provides the rational basis required. Furthermore, the information is submitted voluntarily arid need not rely on the evaluation of any rational basis.

Under that system, information is held in confidence if it falls in one or more of several types, the release ofwhich might result in the loss of an existing or potential advantage, as follows:

(a) The information reveals the distinguishing aspects of a proqess (or component, structure, tool, method, etc.) where prevention ofits use by any of Cameron's competitors with.out license from Cameron constitutes a competitive economic advantage over other companies.

{b) It consists of supporting data, including test data, relative to a process (or component, 'structure, tool, me~hod, etc.), the application of which data secures a competitive.economic advantage, e.g,, by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure ofresources or improve his competitive position in the destgn, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

(d) It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.

(e) It reveals aspects of past, present or future Cameron or cu_stomer funded development plans and programs of potential customer value to Cameron.

(f) It contains patentable ideas, for which patent protection may be desirable.

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (a), (b) and (c), above.

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Supplement to LAR for MUR-PU {NL-20-0828) Page41 of43 June 24, 2020 CAW20-0S There are sound policy reasons behind the Cameron system, which include the following:

(a) The use of such information by Camerop_ gives Cameron a competitive advantage over its competitors. It. is, therefore, withheld from disclosure to protect the Carneron competitive position.

(b) It is information th~t is marketable in 11,1any ways. The e:xtent to which suth information is availableto competitors diminishes the Cameron ability to sell products or services involving the use of the information.

(c) Use by our competitor would put Cameron at a competitive disadvantage by reducing his expenditure of resources at our expense.

(d) Each component of proprietary information pertinentto a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire c;omponents Qf proprietary information, any one component may be the key to the entire puzzle, thereby depriving Cameron of a competitive advantage.

(e) Unres.tricted disclosure would jeopardize the position of prominence of Cameron in the world Illarket, and thereby give a market advantage to the competition of those countries.

(f) The Cameron capacity to invest corporate assets in research and development depends upon the success iri obtaining and maintaining a competitive advantage.

(iii) The .information is being transmitted to the Commission in confidence, and, under the provisions of 10 CFR §§ 2. 390, it ts to bereceived in confidence by the Commission.

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Supplement to LAR for MUR-PU (NL-20-0828) Page 42 of43 June 24, 2020 CAW20-05 (iv) The information soughtto be protected is not available in public sources or available information has not been previously employed in the same manner or method to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld is the Rev. 1 Errata supplemental documents submitted for:

Cameron Engineering Report ER-1180 Rev. 1 and Rev.1 Errata "Bounding Uncertainty Analysis for Thermal Power Determination at Farley Unit 1 Using the LEFM.; + System

Cameron Engineering Report ER-1181 Rev. 1 and Rev. 1 Errata "Bounding Uncertainty Analysis for Thermal Power Determination at Farley Unit 2 Using the LEFM.; + System"

• Rev. 1 and Rev. 1 Errata Page 4 and 5 of each Report contain partial proprietary information It is designated therein in accordance with 1_0 CFR §.§ 2.390(b)(l)(i)(A,B), with the reason(s) for confidential treatment note4 in the submittal and further described in this affidavit. This information is voluntarily submitted for use by the NRC Staff in their review of the accuracy assessment of the proposed methodology for the LEFM CheckPlus System used by Farley Unit 1 for flow measurement at the licensed reactor thermal power level of2821 MWt Pub.lie disclosure of this proprietary information ii, likely to cause substantial harm to the competitive position *of Cameron because it would enhance the ability of competitors to provide similar flow and temperature measu:rementsystems and licensing defense services for commercial power reactors without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements for licensing documentation without the .right to*usethe information.

The development of the technology described in part by the information is the result of applying the results of many years ofexperience in an intensive Cameron effort and the expenditure of a considerable sum of money.

In order for competitors of Cameron to duplicate this information, similar products would have to be developed, similar technical programs would have to be performed, and a significant 5

Supplement to LAR for MUR-PU (NL-20-0828)

J~lie4~t42020 CAW20-05 manpower effort, having the-requisite talent and experience, would have to be expended for developing analytical methods and receiving NRC approval for those methods.

Further the deponent sayeth not 6