ML21124A208

International - Affidavit for Kimberly Manzione

ML21124A208
Person / Time
Site:	07109375
Issue date:	05/03/2021
From:	Manzione K Holtec
To:	Office of Nuclear Material Safety and Safeguards
Shared Package
ML21124A204	List: ML21124A205 ML21124A207 ML21124A208
References
2404018-NRC, EPID L-2019-LRM-0006
Download: ML21124A208 (5)

Text

U.S. Nuclear Regulatory Commission ATTN : Document Control Desk Document ID 2404018-NRC Non-Proprietary Attachment 3 AFFIDAVIT PURSUANT TO 10 CFR 2.390 C Kimberly Manzione, being duly sworn, depose and state as follows:

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

(2) The information sought to be withheld is Attachment l to Holtec Letter 2404018-NRC, which contains Holtec Proprietary information.

(3) In making this application for withholding of proprietary information of which it is the owner, Holtec 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, 18 USC Sec. 1905, and NRC regulations 10CFR Part 9. l 7(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 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, Critic*i l Ma. s :.nergy Pro ject v. Nuc lear Regulat01y Commission, 975F2d87 l (DC Cir. l 992), and Pub li c CiLizen Health Research Group v. FDA, 704F2d 1280 (DC Cir. 1983).

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 24040 l 8-NRC Non-Proprietary At1ach111e111 3 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 th:.lt discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without Iicense 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 pnce 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 infomrntion (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 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 transmittals to the NRC, have been made, or must be made, pursuant to 2 of 5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2404018-NRC Non-Proprietary Altachment 3 AFFIDAVIT PURSUANT TO 10 CFR 2.390 regulatory prov1s1ons or 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 of proprietary treatment of a document is made by the manager 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 knmv" 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. 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 ,vith 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 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 111JUry.

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2404018-N RC Non-Proprietary Attachment 3 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's 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 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 I-Ioltec International.

The precise value of the expe11ise 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 th eir o,vn 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 opp011unity 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 2404018-NRC Non-Proprietary Attachment 3 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, infonnation, and belief.

Executed at Camden, New Jersey, this 3rd day of May, 2021 .

/~ ~

K ~ rly Manzione Licensing Manager Holtec International Subscribed and sworn before me this ~ e_. day of _N_~. v-d

. - ---*2021.

Erika Grandrimo NOTARY PUBLIC STATE OF ~EW JERSEY MY COM:-.IISSION EXPIRES January 17, 2022 5 of 5