ML21228A221

Attachment 19 - Affidavit of Kimberly Manzione

ML21228A221
Person / Time
Site:	HI-STORE
Issue date:	08/16/2021
From:	Manzione K Holtec
To:	Office of Nuclear Material Safety and Safeguards
Shared Package
ML21228A201	List: ML21228A202 ML21228A204 ML21228A207 ML21228A219 ML21228A220 ML21228A221
References
5025068
Download: ML21228A221 (5)

Text

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025068 Non-Proprietary Attachment 19 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Kimberly Manzione, being duly sworn, depose and state as follows:

( 1) I have reviewed the infonnation described in paragraph (2) which is sought to be withheld, and I am authorized to apply for its withholding.

(2) The infonnation sought to be withheld is provided in Attachtnents 1, 3, 6, 8, 9, 10, 11, 12, 13, 14, 15, and 16 to Holtec Letter 5025068, which contain Holtec Proprietary Information.

(3) In tnaking this application for withholding of proprietary infonnation of which it is the owner, Holtec International relies upon the exetnption fro1n disclosure set forth in the Freedom ofinfonnation Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption frotn disclosure is here sought is all "confidential commercial information", and some portions also qualify under the narrower definition of "trade secret",

within the 1neanings assigned to those tenns for purposes ofFOIA Exemption 4 in, respecli vely, Critical Mass Energy Pruiect v. Nuclear Regulatory Cotnmission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025068 Non-Proprietary Attachment 19 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of infonnation which fit into the definition of proprietary infonnation are:

a. Information that discloses a process, 1nethod, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other co1npanies;

b. Information which, if used by a co1npetitor, would reduce his expenditure of resources or i1nprove his competitive position in the design, 1nanufacture, shiptnent, installation, assurance of quality, or licensing of a sitnilar product.

c. Infonnation 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 custotner-funded developtnent plans and programs of potential cotntnercial value to Holtec International;

e. Information which discloses patentable subject 1natter 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.b, 4d, and 4.c above.

(5) The information sought to be withheld is being sub1nitted to the NRC in confidence. The information (including that co1npiled fro1n 1nany sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The infonnation sought to be withheld has, to the best of 1ny 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 2 of5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025068 Non-Proprietary Attachment 19 AFFIDAVIT PURSUANT TO 10 CFR 2.390 regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary infonnation, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a docutnent is tnade by the manager of the originating cotnponent, 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 docutnent typically requires review by the staff tnanager, project tnanager, principal scientist or other equivalent authority, by the tnanager of the cognizant tnarketing function (or his designee), and by the Legal Operation, for technical content, cotnpetitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential custotners, and their agents, suppliers, and licensees, and others with a legititnate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreetnents.

(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This infonnation is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including cotnpetitors, with information frotn Holtec International's technical database and the results of evaluations perfonned 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 Holtec' s cotnpetitor 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 Document ID 5025068 Non-Proprietary Attachment 19 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the infonnation sought to be withheld is likely to cause substantial hann to Holtec International's cotnpetitive position and foreclose or reduce the availability of profit-Inaking opportunities. The infonnation is part of Holtec International's co1nprehensive spent fuel storage technology base, and its cotnmercial value extends beyond the original development cost.

The value of the technology base goes beyond the extensive physical database and analytical 1nethodology, and includes developtnent of the expertise to determine and apply the appropriate evaluation process.

The research, developtnent, engineering, and analytical costs cotnprise a substantial investment of titne and money by Holtec International.

The precise value of the expertise to devise an evaluation process and apply the correct analytical Inethodology is difficult to quantify, but it clearly is substantial.

Holtec InternationaPs 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.

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025068 Non-Proprietary Attachment 19 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 1natters stated therein are true and correct to the best of her knowledge, information, and belief.

Executed at Camden, New Jersey, this 161h day of August 2021.

~ y Kimberly Manzione Licensing J\1anager Holtec 5 of5