ULNRC-06796, Enclosure 6 - Affidavit for Withholding by Kimberly Manzione
| ML23052A048 | |
| Person / Time | |
|---|---|
| Site: | Callaway  |
| Issue date: | 02/14/2023 |
| From: | Manzione K Holtec |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML23052A041 | List: |
| References | |
| ULNRC-06796, EPID L-2022-LLA-0132 | |
| Download: ML23052A048 (1) | |
Text
Enclosure 6 to ULNRC-06796 Page 1 of6 ENCLOSURE 6 AFFIDAVIT FOR WITHHOLDING The following pages provide the affidavit provided by HOLTEC International which sets forth the basis on rhjch the proprietary information in Eic1osure 8 may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in I 0 CFR 2.390(b)(4).
Correspondence with respect to the proprietary aspects of Enclosure 8 or the supporting affidavit should be addressed to Kimberly Manzione of HOLTEC International.
5 pages follow this cover sheet
U_s. Nuclear Regulatory Commission ATTh: Document Control Desk Hohec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 239O 1, Kimberly Manzione, being duly sworn, depose and state as follows:
(1) 1 have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2) The information sought to be withheld is information provided in reference documents listed below as noted in Ameren RAT Response Letter ULNRC 06796. These following references contain Holtec Proprietary information:
. HI-2230125, Supplemental Criticality Safety Analysis of SFP for Callaway Nuclear Generating Station (3) In making this application for withholding ofproprietary information of which it is the owner, Holtec International relies upon the exemption from disclosure set forth in the Freedom ofinformation Act (FOlK), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations iOCFR Part 9. 17(a)(4), 2.390(a)(4), and 2.390(b)(l) for trade secrets and commercial or financial information obtained from a person and privileged or confidential
( Exemption 4). The material for which exemption from disclosure is here sought is all confidential commercial information, and some portions also qualify under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commissjç 975F2d87 1 (DC Cir. l992), and ablicCifizenHe&1thResearcjpjv.FDA, 7O4F2d128O (DC Cir. 1983).
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U.S. Nuclear Regulatory Commission ATTh: Document Control Desk Holtec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of information which fit into the definition of proprietary information arc:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtecs competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
- b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
C, Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
- e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b above.
(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best ofmy knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or 2 of 5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 2.390 proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval ofproprietary treatment ofa document is made by the manager ofthe originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such documents within Holtec International is limited on a need to know basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager ofthe cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
(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 Internationals 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 competitors 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.
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U .S Nuclear Regulatory Commission ATTN: Document Control Desk Holtec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 239O (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec Internationals competitive position and foreclose or reduce the availability ofprofit-making opportunities. The information is part ofHoitec InternationaPs comprehensive spent fuel storage 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 ofthe expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment oftime and money by Holtec International.
The precise value ofthe expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantiaL Holtec Internationals 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 ifthey 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 ofresources 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.
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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )
) ss:
COUNTY OF CAMDEN)
Kimberly Manzione, being duly sworn, deposes and says:
That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.
Executed at Camden, New Jersey, this 14th day ofFebruary 2023.
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Kimberly Manzione Director of Licensing Holtec International Subscribed and sworn before me this day of 2023.
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( / A Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY GOMMSSON EXPIRESJANUARY 17, 2027 5 of 5