ML22299A234

Affidavits for Withholding

ML22299A234
Person / Time
Site:	Callaway
Issue date:	10/26/2022
From:	Manzione K, Morris B, Zozula C Ameren Missouri, Union Electric Co
To:	Office of Nuclear Reactor Regulation
Shared Package
ML22299A232	List: ML22299A233 ULNRC-06774, Affidavits for Withholding
References
ULNRC-06774
Download: ML22299A234 (1)

Text

Enclosure 1 to ULNRC-06774 Page 1 of 11 ENCLOSURE 1 AFFIDAVITS FOR WITHHOLDING The following pages provide three affidavits signed by the respective vendors that contributed proprietary information reflected in the report included in Enclosure 3.

The first affidavit is provided by HOLTEC International that sets forth the basis on which the proprietary information in Enclosure 3 may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in 10 CFR 2.390(b)(4). Correspondence with respect to the proprietary aspects of or the supporting affidavit should be addressed to Kimberly Manzione of HOLTEC International.

The second affidavit is provided by Westinghouse Electric Company LLC that sets forth the basis on which the proprietary information in Enclosure 3 may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in 10 CFR 2.390(b)(4). Correspondence with respect to the proprietary aspects of or the supporting affidavit should be addressed to Camille Zozula of Westinghouse Electric Company LLC.

The third affidavit is provided by framatome, Inc. that sets forth the basis on which the proprietary information in Enclosure 3 may be withheld from public disclosure by the Commission and addresses with specificity the considerations listed in 10 CFR 2.390(b)(4). Correspondence with respect to the proprietary aspects of or the supporting affidavit should be addressed to Monis Byram of Framatome Inc.

10 pages follow this cover sheet

Us Nuclear Regulatory Commission ATTh: Document Control Desk Holtec International Affidavit AFFIDAVIT PURSUANT TO 10 CFR 2.390 1, Kimberly Manzione, being duly sworn, depose and state as follows:

(1)

I 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 Arneren Licensing Document Change Notice LDCN 22-00 1 5. These following references contain Iloltec Proprietary information:

HI222OO2O, Criticality Safety Analysis of SFP for Callaway Nuclear Generating Station (3)

In making this application for withholding ofproprietary information ofwhich it is the owner, Hohec International relies upon the exemption from disclosure set forth in the Freedom of Information Act (FOIA), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, I 8 USC Sec. I 905, and NRC regulations I OCFR Part 9. l7(a)(4), 2.390(a)(4), and %.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 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, cicgLJn_crgy 975F2d87 1 (DC Cir.

1 992), and ]ub1ic Cifizçjça1thResearchGrpjpv.FDA, 7O4F2dI28O (DC Cir. 1983).

I of5

U. S. Nuclear Regulatory Commission ATTN: 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 are:

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.

Infoimation 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 customerfunded development plans and programs of potential commercial value to Holtec International; C.

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 beIief, 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 2of5

Us. 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 1need 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 ofthis infornation 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.

3 of 5

U.S. Nuclear Regulatory Commission ATTh: 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 competitive position and foreclose or reduce the availability ofprofit-rnaking opportunities. The information is part ofHoltec Internationals 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 of time 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 ofthe opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.

4 of 5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Holtec International Affidavit

AFFIDAVIT PURSUANT TO 10 CFR 239O STATE Of NEW JERSEY

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COUNTY OF CAMDEN)

Kimberly Manzione, being duiy 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 24th day ofOctober 2022.

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7 I t L I\\ inberIy Manzione Director of Licensing Holtec International Subscribed and sworn before me this day 2022.

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ErikaGrandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSiON EXPIRES JANUARY 17, 2027 5 of 5

Westinghouse Non-Proprietary Class 3 AFFIDAVIT CAW-22-055 Page 1 of2 Commonwealth of Pennsylvania:

County of Butler:

( 1 )

I, Camille Zozula, Manager, Regulatory Compliance and Corporate Licensing, have been specifically delegated and authorized to apply for withholding and execute this Affidavit on behalf of Westinghouse Electric Company LLC (Westinghouse).

(2)

I am requesting the proprietary portions of HI-2220020, Criticality Safety Analysis of SFP for Callaway Nuclear Generating Station, Revision 2 as part of ULNRC-06774,Supplement to License Amendment Request for Technical Specification Change Regarding Storage of Spent Fuel (LDCN 22-0015). be withheld from public disclosure under 10 CFR 2.390.

(3)

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

(4)

Pursuant to 10 CFR 2.390, 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 be withheld from public disclosure is owned and has been held in confidence by Westinghouse and is not customarily disclosed to the public.

(ii)

The information sought to be withheld is being transmitted to the Commission in confidence and, to Westinghouses knowledge, is not available in public sources.

(iii)

Westinghouse notes that a showing of substantial harm is no longer an applicable criterion for analyzing whether a document should be withheld from public disclosure. Nevertheless, public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Westinghouse because it would enhance the ability of competitors to provide similar technical evaluation justifications 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 purchasing the right to use the information.

• • • This record was final approved on 10/2612022, 1:39:12 PM. (This statementwas added bythe PRIME system upon its validation)

Westinghouse Non-Proprietary Class 3 AFFIDAVIT CAW-22-055 Page 2 of 2 (5)

Westinghouse has policies in place to identify proprietary information. Under that system, information is held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

(a)

The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouses competitors without license from Westinghouse 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, method, etc.), the application ofwhich data secures a competitive economic advantage (e.g., by optimization or improved marketability).

(c)

Its use 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 a similar product.

(d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Westinghouse, its customers or suppliers.

(e)

It reveals aspects ofpast, present, or future Westinghouse or customer funded development plans and programs ofpotential commercial value to Westinghouse.

(f)

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

(6)

The attached documents are bracketed and marked in both versions by a W located as a superscript immediately following the brackets enclosing each item of information being identified as proprietary or in the margin opposite such information. This superscript refers to the types of information Westinghouse customarily holds in confidence identified in Sections (5)(a) through (f) of this Affidavit.

I declare that the avennents of fact set forth in this Affidavit are true and correct to the best of my knowledge, information, and belief. I declare under penalty ofperjury that the foregoing is true and correct.

Executedon: 10/26/2022 Signed electronically by Camille Zozula

• • • This record was final approved on 10/26/2022, 1:39:12 PM. (This statementwas added by the PRIME system upon its validation)

AFFIDAVIT I

My name is Morris Byram.

I am Product Manager, Licensing & Regulatory Affairs for Framatome Inc. (Framatome) and as such I am authorized to execute this Affidavit.

2.

I am familiar with the criteria applied by Framatome to determine whether certain Framatome information is proprietary.

I am familiar with the policies established by Framatome to ensure the proper application of these criteria.

3.

I am familiar with the Framatome information contained in the document Hl-2220020, Revision 2, entitled Criticality Safety Analysis of SFP for Callaway Nuclear Generating Station, Enclosure 3 to Ameren Missouris letter ULNRC-06774, and referred to herein as Document. Information contained in this Document has been classified by Framatome as proprietary in accordance with the policies established by Framatome for the control and protection of proprietary and confidential information.

4.

This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by Framatome and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.

5.

This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 1 0 CFR 2.390.

The information for which withholding from disclosure is requested qualifies under 1 0 CFR 2.390(a)(4) Trade secrets and commercial or financial information.

6.

The following criteria are customarily applied by Framatome to determine whether information should be classified as proprietary:

(a)

The information reveals details of Framatomes research and development plans and programs or their results.

(b)

Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c)

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for Framatome.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for Framatome in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by Framatome, would be helpful to competitors to Framatome, and would likely cause substantial harm to the competitive position of Framatome.

The information in this Document is considered proprietary for the reasons set forth in paragraph 6(d) above.

7.

In accordance with Framatomes policies governing the protection and control of information, proprietary information contained in this Document has been made available, on a limited basis, to others outside Framatome only as required and under suitable agreement providing for nondisclosure and limited use ofthe information.

8.

Framatome policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.

9.

The foregoing statements are true and correct to the best of my knowledge, information, and belief.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on: (10/20/2022)

BYRAlvi fyiorr s Digitally signed by BYRAM Morris I

Date: 2022.10.20 08:17:43 -0700 (NAME) morris. byramframatome.com