ML17251A898
| ML17251A898 | |
| Person / Time | |
|---|---|
| Site: | Surry  |
| Issue date: | 08/16/2017 |
| From: | Ojdrovic R Simpson Gumpertz & Heger |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML17251A864 | List: |
| References | |
| 17-296 | |
| Download: ML17251A898 (5) | |
Text
16 August 2017 U.S. Nuclear Regulatory Commission Document Control Desk 11555 Rockville Pike Rockville, MD 20852 SIMPSON GUMPERTZ & HEGER I Engineering of Structures and Building Enclosures
Subject:
Withholding of Certain Proprietary Information Pursuant to 10 CFR 2.390
Reference:
(1) Response to Request for Additional Information Letter from US NRC, "Virginia Electric and Power Company, Surry Power Station Units 1 and 2, Proposed Alternative to ASME Section XI Requirements For Repair/Replacement of Buried Circulating and Service Water Class 3 Piping With Carbon Fiber Reinforced Polymer Response to Request For Additional Information".
Document No.: 161295-SGH-L-003 In Reference (1 ), Virginia Electric and Power Company (VEP) will provide a submittal to the U.S. Nuclear Regulatory Commission (NRC) that contains certain proprietary information owned by Simpson Gumpertz & Heger Inc. (SGH). SGH provided the information to VEP or a VEP affiliate to support the request made in Reference (1 ), and VEP is authorized to use this information.
As explained in the attached affidavit, SGH's proprietary information contained in Reference (1) qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.390(a)(4) for trade secrets and commercial information.
SGH respectfully requests that the NRC withhold this information from public disclosure.
An affidavit supporting this request is attached.
Please contact me by phone at 781.907.9231 or email at RPOjdrovic@sgh.com if you have any questions concerning this request. Kind regards, Cf4cJV1c Rasko P. Ojdrovic Vice President and Senior Principal Simpson Gumpertz & Heger Inc.
Attachment:
10 CFR 2.390 Affidavit SIMPSON GUMPERTZ & HEGER INC. 41 Seyon Street. Building l, Suite 500, Waltham. MA 02453 rnoin: 781.907.9000 fox: 781.907.9009 www.sgh.com Boston I Chicago I Houston I New York I San Francisco I Southern California I Washington.
\\\DC-035120/000001
-3152313 vl SIMPSON GUMPERTZ & HEGER INC. 10 CFR 2.390 AFFIDAVIT OF RASKO P. OJDROVIC AFFIDAVIT I, Rasko P. Ojdrovic, hereby state as follows: (1) I am the Vice President and Senior Principal of Simpson Gumpertz & Heger Inc. (SGH), and I have been authorized to execute this affidavit on behalf of SGH. (2) Virginia Electric and Power Company will submit a transmittal to the US NRC entitled "Supplement to Proposed Alternative to ASME Section XI Requirements for Repair/Replacement of Buried Circulating and Service Water Class 3 Piping with Carbon Fiber Reinforced Polymer" Docket Nos. 50-280 and 50-281, Serial No.17-060. Certain portions of that transmittal contain proprietary information owned by SGH. This information should be held in confidence by the NRC and withheld from public disclosure.
The following is a list of the SGH proprietary information in Virginia Electric and Power Company's transmittal that SGH requests be withheld:
Responses by request for additional information sections:
- RAI 3.1-1
- RAI 3.5.1-4
- RAI 3.5.2-1
- RAI 3.5.3-2
- RAI 3.5.3-3
- RAI 3.5.3-5
- RAI 3.5.3-6
- RAI 3.5.3-7
- RAI 3.5.3-8
- RAI 3.5.3-9
- RAI 3.5.3-10
- RAI 3.5.3-11
- EMCB-RAI-1
- EMCB-RAI-2
- EMCB-RAI-3
- EMCB-RAI-4
- EMCB-RAI-5
- EMCB-RAI-6
- EMCB-RAI-7
- EMCB-RAI-8
- EMCB-RAI-9
- EMCB-RAI-10
- EMCB-RAI-11
- RAI 3.5.4-3
- RAI 3.5.4-4
- RAI 3.5.5-1
- RAI 3.5.5-4
- RAI 3.5.6-1
- RAI 3.5.6-2
- RAI 3.5.6-3
- RAI 3.5.6-4
- RAI 3.5.6-5
- RAI 3.5.7-3
- RAI 3.5.7-5
- RAI 3.5.7-7
- RAI 3.5.7-8
- RAI 3.5.7-9
- RAI 3.5.7-10
- RAI 3.5.7-11
- RAI 3.5.8-1
- RAI 3.5.8-2
- RAI 3.5.8-3
- RAIM-1
- Attachment B. l
- Attachment B.2
- Attachment B.3
- Attachment C
- Attachment D (3) In making this application for withholding of proprietary information of which it is the owner, SGH believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 9.l 7(a)(4) and 2.390(a)(4) for trade secrets and commercial information because: 1. This information is and has been held in confidence by SGH. 11. This information is of a type that is customarily held in confidence by SGH, and there is a rational basis for doing so because the information includes proprietary information that was developed and compiled by SGH at a significant cost to SGH. This information is classified as proprietary because it contains information relevant to analytical approaches and methodologies not available elsewhere.
iii. The information is being transmitted to the NRC voluntarily and in confidence.
iv. This information is not available in public sources and could not be gathered readily from other publicly available information.
- v. A substantial effort has been expended by SGH to develop and evaluate this information.
Public release of this information could lead to additional significant cost to SGH and is likely to cause substantial harm to SGH' s Affidavit Page 2 \\\DC -035120/000001
-3152313 vi competitive position and foreclose or reduce the availability of profit-making opportunities.
The value of this information to SGH would be lost or devalued ifthe information were disclosed to the public. vi. Public disclosure of the information sought to be withheld would provide other parties, including competitors, with valuable information.
SGH's competitive advantage would be lost if its competitors are able to use the results of SGH's activities to aid their own commercial activities.
For example, SGH's competitive advantage would be lost if its competitors are able to use the results of SGH' s analyses 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.
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 SGH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.
vii. The commercial value of the information extends beyond the original development cost, and includes development of the expertise to determine and apply the appropriate evaluation process to the information.
The research, development, engineering, and analytical costs that went into generating this information comprise a substantial investment of time and money by SGH. The precise value of this information is difficult to quantify, but clearly is substantial.
I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on August 16, 2017. Rasko P. Ojdrovic Affidavit Page 3 11\DC-035120/000001
-3152313 vi