ML21223A056

Attachment 10: Affidavit in Accordance with 10 CFR 2.390

ML21223A056
Person / Time
Site:	Holtec
Issue date:	08/10/2021
From:	Manzione K Holtec
To:	Office of Nuclear Material Safety and Safeguards
Shared Package
ML21223A045	List: ML21223A046 ML21223A048 ML21223A049 ML21223A050 ML21223A056
References
5014931, EPID L-2021-LLA-0039
Download: ML21223A056 (5)

Text

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014931 Non-Proprietary Attachment 10 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, 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 Attachment 1 and Attachments 5 through 9 to Holtec Letter 5014931, which contains *Holtec Proprietary information. *

(3) In making this application for withholding of proprietary information of which it is the owner, Hol~ International relies upon ~e exemption from disclosure set' forth i!} the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC See;; 1905, and NRC regulations 10CFR Part 9.l 7(a)(4), 2.390(aX4), and 2.390(b)(l) for "trade a

secrets and commercial or financial information obtained from 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 Ertergy Project v. Nuclear -

Ri'gulatory Commission, 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 ATfN: Document Control Desk Document ID 5014931

• Non-Proprietary Attachment 10 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 Holtec's 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 compedtive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

c. Infoima9on 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.

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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) Tp.e information sought to be withheld. is being submitted to the NRC in confidence. The informatj.on (including that C9mpil'ed 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 of my 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 .J 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 JD 5014931 Non-Proprietary Attachment JO AFFIDAVIT PURSUANT TO 10 CFR 2.390 regulatory prov1s10ns or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietruy information, and the subsequent steps taken to pr~vent its 1 unauthorized-disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manage!. of the 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 of the 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. Oisclosures 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 i~formation 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. ~s 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 Holtec's competitor to copy our technology and* offer it for sale in competition with our company, causing us financial

• r tnJury.

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U.S. Nuclear Regulatory Commission

~AlTN: Document Control Desk J Document ID 5014931 Non-Proprietary Attachment 10 ,

AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm t0 Holtec International's competitive position and foreclose or reduce the-av~ilability of profit-making opportunities. TJle informatiop. is part of Holtec Intemational's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. The value of th~ 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 preci~e 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 dem~nstrating 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

~ompetitive advantage to seek an adeqUijte return on its large investment in developing these very valuable analytical tools.

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U.S. Nuclear Regulatory Commission A TfN: Document Control Desk Document ID 5014931 Non-Proprietary Attachment 10 AFFIDAVIT PURSUANT TO l OCFR 2.390 STATE OF NEW JERSEY )

) ss:

COUNTY OF CAMDEN * )

Kimberly Manzione, be~ duly sworn, deposes and says:

That she has read the foregoing affidavit and the matters stated therein are true and correct tp the best of her knowledge, information, and belief.

Executed at Camden, New Jersey, this 10th day of August, 2021.

Kimberly Manzione KORIN M FAGAN Not ry Publlc, State of New Jereey, Licensing Manager

• , ~ My Commlulon Expires Holtec International

• February 16, 2024 Subscribed and sworn before me this / 0 day of th<gvs+ , 2021. .

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