ML16084A977
| ML16084A977 | |
| Person / Time | |
|---|---|
| Site: | Grand Gulf  |
| Issue date: | 03/14/2016 |
| From: | Michelle Manahan MP Machinery & Testing |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML16085A064 | List: |
| References | |
| GNRO-2016-00015 | |
| Download: ML16084A977 (8) | |
Text
Attachment 3 GNRO-2016/00015 MP Machinery and Testing, LLC Affidavit for Proprietary Version of report MPM-814779, Revision 1 MPMachineryand Testing, LLC AFFIDAVIT T, Michael P.Manahan, Sr.,stateas follows: (I)Iamthe PresidentofMP Machinery and Testing, LLC ("MPM"),andhavebeen delegated the function of reviewing the information reported in Reference[1]and[2]whichare soughttobe withheld,andhavebeen authorizedtoapplyforits withholding.(2)The information soughttobe withheld is containedinthe Reference[1]report Number MPM-814779, Revision1,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.(3)In making this application for withholding ofproprietaryinformationofwhichitisthe owner or licensee, MPMreliesuponthe exemption from disclosuresetforthinthe Freedom of Information Act ("FOIA"), 5 U.S.c.Sec.552(b)(4),andtheTradeSecretsAct.
18 U.S.c.Sec.1905,andNRC regulations 10 CFR9.17(a)(4),and 2.390(a)(4)fortrade secrets (Exemption4).The material for which exemption from disclosureishere sought also qualifies under the narrower definition oftradesecret,withinthe meanings assignedtothosetermsfor purposes of FOIA Exemption4in, respectively, Critical Mass Energy Project v.Nuclear Regulatory Commission,975F.2d871(D.C.Cir.1992),and Public Citizen Health Research Groupv.FDA,704F.2d1280(D.C.Cir.
1983).(4)The information soughttobe withheld is consideredtobe proprietaryforthe reasonssetforthin paragraphs(4)a.,(4)b.,and4(d)listedbelow.
Some examples of categories of information thatfitintothe definition of proprietary information are: a.Information that discloses a process, method, or apparatus, including supportingdataand analyses, where prevention ofitsuseby MPM's competitors without licensefromMPM constitutes a competitive economic advantage over other companies; b.Informationthat,ifusedbya competitor, wouldreducetheir expenditure of resources or improve their competitive positioninthedesign, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;c.Information that reveals aspects of past, present,orfuture MPM customer-funded developmentplansand programs, resulting in potential products to MPM;d.Information that discloses trade secret or potentially patentable subject matterforwhichitmaybe desirable to obtain patent protection.(5)To address 10 CFR 2.390(b)(4), the information soughttobe withheldisbeing submittedtoNRCin confidence.
The information is ofasort customarilyheldin confidence by MPM,Page1 of 3 MPMachineryand Testing, LLCandisinfactsoheld.The information soughttobe withheldhas,tothebestofmy knowledgeandbelief, consistentlybeenheldin confidence by MPM,notbeen disclosed publicly,andnotbeenmade available in public sources.All disclosurestothird parties, including any required transmittalstotheNRC,havebeenmade,ormustbemade, pursuant to regulatory provisions or proprietary or confidentiality agreements that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information,andthe subsequentstepstakento prevent its unauthorized disclosure,areassetforthinthe following paragraphs(6)and (7).(6)Initial approval of proprietary treatmentofa documentismadebythe managerofthe originating component,whoisthe person most likelytobe acquaintedwiththevalueand sensitivityofthe information in relation to industry knowledge,orwhoisthe personmostlikelytobe subjecttothetermsunderwhichitwas licensedtoMPM.(7)The procedure for approval of external release ofsucha document typically requiresreviewbythe staff manager, project manager, principal engineer or scientist, or other equivalent authority for technical content, competitive effect, and determinationofthe accuracyofthe proprietary designation.
Disclosures outside MPM are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and otherswitha legitimateneedforthe information,andthenonlyin accordance with appropriate regulatory provisions or proprietary or confidentiality agreements.(8)The information identified in paragraph (2), above, is classified as proprietary because it contains the details of MPM methodology and benchmarking.
These methods, techniques,anddataalong with their applicationtothe design, modification, and analyses were achievedata significant costtoMPM.The developmentoftheevaluationprocessesalongwiththe interpretation and applicationofthe analytical results is derivedfromthe extensive experience databases that constitute a major and substantial MPM asset.(9)Public disclosureofthe information soughttobe withheldislikelyto cause substantialharmto MPM's competitive position and foreclose or reduce the availability of profitmaking opportunities.
The informationispart of MPM's comprehensive radiation transport technologybase,andits commercial value extends beyond the original developmentcost.Thevalueofthe technologybasegoes beyond the extensive physical database and analytical methodology and includes development of the expertise to determineandapplythe appropriate evaluation process.In addition, the technology base includesthevalue derived from providing analysesdonewith NRC-approved methods.The research, development, engineering, analyticalandNRCreviewcosts comprise a substantial investmentoftimeand money by MPM.The precisevalueofthe expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify,butit clearly is substantial.
MPM's competitive advantagewillbelostifits competitorsareabletouse the results of the MPM experience to normalizeorverify their own processoriftheyPage2of3 MPMachineryand Testing, LLCareabletoclaiman equivalent understanding by demonstratingthattheycan arriveatthesameor similar conclusions.Thevalue of this information to MPM wouldbelostifthe information were disclosedtothe public.Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitorswitha windfall, and deprive MPM of the opportunity to exercise its competitive advantagetoseekan adequatereturnonitslarge investment in developing and obtainingthesevery valuable analytical tools.I declare under penalty of perjurythatthe foregoingistrueand correct.Executedonthis fourteenth day of March, 2016.Dr.M.P.Manahan, Sr.President MP Machinery and Testing, 2161 Sandy Drive State College,PA16803 References
[I]"Neutron Transport Analysis for Grand Gulf Nuclear Station", MPM Report Number MPM-814779, Revision5,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.Page3 of 3 Attachment 4 GNRO-2016/00015 MP Machinery and Testing, LLC Affidavit for Proprietary Version of report MPM-814779, Revision 2 MP MachineryandTesting, LLC AFFIDAVIT T, Michael P.Manahan, Sr.,stateas follows: (I)Iamthe PresidentofMP Machinery and Testing, LLC ("MPM"),andhavebeen delegated the function of reviewing the information reported in Reference[I]and[2]whichare soughttobe withheld,andhavebeen authorizedtoapplyforits withholding.(2)Theinformationsoughttobe withheld is containedinthe Reference[I]report Number MPM-814779, Revision2,MP Machinery and Testing,LLC.,2161 Sandy Drive, State College, PA 16803-2283,May,2015.(3)In making this application for withholding of proprietary informationofwhichitisthe owner or licensee, MPMreliesuponthe exemption from disclosuresetforthinthe Freedom of Information Act ("FOIA"), 5 V.S.c.Sec.552(b)(4),andtheTradeSecretsAct, 18 V.S.c.Sec.1905,andNRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4)fortrade secrets (Exemption4).Thematerialfor which exemption from disclosureishere sought also qualifiesunderthe narrower definition oftradesecret,withinthe meanings assigned tothosetermsfor purposes of FOIA Exemption4in, respectively, Critical Mass Energy Project v.Nuclear Regulatory Commission,975F.2d871(D.C.Cir.1992),and Public Citizen Health Research Groupv.FDA,704F.2d1280(D.C.Cir.
1983).(4)The information soughttobe withheld is consideredtobe proprietaryforthe reasonssetforthin paragraphs(4)a.,(4)b.,and4(d)listedbelow.
Some examples of categories of information thatfitintothe definition ofproprietaryinformation are: a.Information that discloses a process, method, or apparatus, including supportingdataand analyses, where prevention ofitsuseby MPM's competitors withoutlicensefromMPM constitutes a competitive economic advantage over other companies; b.Informationthat,ifusedbya competitor, wouldreducetheir expenditure of resources or improve their competitive positioninthe design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;c.Information that reveals aspects of past, present, or future MPM customer-funded developmentplansand programs, resulting in potential products to MPM;d.Information that discloses trade secret or potentially patentable subject matterforwhichitmaybe desirable to obtain patent protection.(5)To address 10 CFR 2.390(b)(4), the information soughttobe withheldisbeing submittedtoNRCin confidence.
The information is ofasort customarilyheldin confidence by MPM,Page1 of 3 MPMachineryand Testing, LLCandisinfactsoheld.The information soughttobe withheldhas,tothebestofmy knowledgeandbelief, consistentlybeenheldin confidence by MPM,notbeen disclosed publicly,andnotbeenmade available in public sources.All disclosurestothird parties, including any required transmittalstotheNRC,havebeenmade,ormustbemade, pursuant to regulatory provisions or proprietary or confidentiality agreements that provide for maintaining the information in confidence.Theinitial designation of this information as proprietary information,andthe subsequentstepstakento prevent its unauthorized disclosure,areassetforthinthe following paragraphs(6)and (7).(6)Initial approval of proprietary treatmentofa documentismadebythe managerofthe originating component,whoisthe personmostlikelytobe acquaintedwiththevalueand sensitivityofthe information in relation to industry knowledge,orwhoisthe personmostlikelytobe subjecttothetermsunderwhichitwas licensedtoMPM.0)The procedure for approval of external release ofsucha document typically requiresreviewbythe staff manager, project manager, principal engineer or scientist, or other equivalent authority for technical content, competitive effect, and determinationofthe accuracyofthe proprietary designation.
Disclosures outside MPM are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and otherswitha legitimateneedforthe information,andthenonlyin accordance with appropriate regulatory provisions or proprietary or confidentiality agreements.(8)The information identified in paragraph(2),above,is classified as proprietary because it contains the details of MPM methodology and benchmarking.
These methods, techniques,anddataalongwiththeir applicationtothe design, modification, and analyses were achievedata significant costtoMPM.The development of the evaluation processesalongwiththe interpretation and applicationofthe analyticalresultsis derivedfromthe extensive experience databases that constitute a major and substantialMPMasset.(9)Public disclosureofthe information soughttobe withheldislikelytocause substantialharmto MPM's competitive position and foreclose or reduce the availability of profitmaking opportunities.
The informationispart of MPM's comprehensive radiation transport technologybase,andits commercial value extends beyond the original developmentcost.Thevalueofthe technologybasegoes beyond the extensive physical database and analytical methodology and includes developmentofthe expertise to determineandapplytheappropriateevaluation process.In addition, the technology base includesthevalue derived from providing analysesdonewith NRC-approved methods.The research, development.
engineering, analyticalandNRCreviewcosts comprise a substantial investmentoftimeandmoneybyMPM.The precisevalueofthe expertise to devise an evaluation processandapplythe correct analytical methodology is difficult to quantify,butit clearly is substantial.
MPM's competitive advantagewillbelostifits competitorsareabletousetheresults of the MPM experience to normalizeorverifytheirown processoriftheyPage2 of 3 MP MachineryandTesting, LLCareableto claim an equivalent understanding by demonstratingthattheycan arriveatthesameor similar conclusions.Thevalue of this information to MPM wouldbelostifthe information were disclosedtothe public.Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitorswitha windfall, and deprive MPMofthe opportunity to exercise its competitive advantagetoseekan adequate returnonitslarge investment in developing and obtainingthesevery valuable analytical tools.I declare under penalty of perjurythatthe foregoingistrueand correct.Executedonthis fourteenth day of March, 2016.Dr.M.P.Manahan, Sr.President MP Machinery and Testing, 2161 Sandy Drive State College,PA16803 References
[1]"Neutron Transport Analysis for Grand Gulf Nuclear Station", MPM Report Number MPM-814779, Revision5,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.Page3 of 3 Attachment 3 GNRO-2016/00015 MP Machinery and Testing, LLC Affidavit for Proprietary Version of report MPM-814779, Revision 1 MPMachineryand Testing, LLC AFFIDAVIT T, Michael P.Manahan, Sr.,stateas follows: (I)Iamthe PresidentofMP Machinery and Testing, LLC ("MPM"),andhavebeen delegated the function of reviewing the information reported in Reference[1]and[2]whichare soughttobe withheld,andhavebeen authorizedtoapplyforits withholding.(2)The information soughttobe withheld is containedinthe Reference[1]report Number MPM-814779, Revision1,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.(3)In making this application for withholding ofproprietaryinformationofwhichitisthe owner or licensee, MPMreliesuponthe exemption from disclosuresetforthinthe Freedom of Information Act ("FOIA"), 5 U.S.c.Sec.552(b)(4),andtheTradeSecretsAct.
18 U.S.c.Sec.1905,andNRC regulations 10 CFR9.17(a)(4),and 2.390(a)(4)fortrade secrets (Exemption4).The material for which exemption from disclosureishere sought also qualifies under the narrower definition oftradesecret,withinthe meanings assignedtothosetermsfor purposes of FOIA Exemption4in, respectively, Critical Mass Energy Project v.Nuclear Regulatory Commission,975F.2d871(D.C.Cir.1992),and Public Citizen Health Research Groupv.FDA,704F.2d1280(D.C.Cir.
1983).(4)The information soughttobe withheld is consideredtobe proprietaryforthe reasonssetforthin paragraphs(4)a.,(4)b.,and4(d)listedbelow.
Some examples of categories of information thatfitintothe definition of proprietary information are: a.Information that discloses a process, method, or apparatus, including supportingdataand analyses, where prevention ofitsuseby MPM's competitors without licensefromMPM constitutes a competitive economic advantage over other companies; b.Informationthat,ifusedbya competitor, wouldreducetheir expenditure of resources or improve their competitive positioninthedesign, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;c.Information that reveals aspects of past, present,orfuture MPM customer-funded developmentplansand programs, resulting in potential products to MPM;d.Information that discloses trade secret or potentially patentable subject matterforwhichitmaybe desirable to obtain patent protection.(5)To address 10 CFR 2.390(b)(4), the information soughttobe withheldisbeing submittedtoNRCin confidence.
The information is ofasort customarilyheldin confidence by MPM,Page1 of 3 MPMachineryand Testing, LLCandisinfactsoheld.The information soughttobe withheldhas,tothebestofmy knowledgeandbelief, consistentlybeenheldin confidence by MPM,notbeen disclosed publicly,andnotbeenmade available in public sources.All disclosurestothird parties, including any required transmittalstotheNRC,havebeenmade,ormustbemade, pursuant to regulatory provisions or proprietary or confidentiality agreements that provide for maintaining the information in confidence.
The initial designation of this information as proprietary information,andthe subsequentstepstakento prevent its unauthorized disclosure,areassetforthinthe following paragraphs(6)and (7).(6)Initial approval of proprietary treatmentofa documentismadebythe managerofthe originating component,whoisthe person most likelytobe acquaintedwiththevalueand sensitivityofthe information in relation to industry knowledge,orwhoisthe personmostlikelytobe subjecttothetermsunderwhichitwas licensedtoMPM.(7)The procedure for approval of external release ofsucha document typically requiresreviewbythe staff manager, project manager, principal engineer or scientist, or other equivalent authority for technical content, competitive effect, and determinationofthe accuracyofthe proprietary designation.
Disclosures outside MPM are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and otherswitha legitimateneedforthe information,andthenonlyin accordance with appropriate regulatory provisions or proprietary or confidentiality agreements.(8)The information identified in paragraph (2), above, is classified as proprietary because it contains the details of MPM methodology and benchmarking.
These methods, techniques,anddataalong with their applicationtothe design, modification, and analyses were achievedata significant costtoMPM.The developmentoftheevaluationprocessesalongwiththe interpretation and applicationofthe analytical results is derivedfromthe extensive experience databases that constitute a major and substantial MPM asset.(9)Public disclosureofthe information soughttobe withheldislikelyto cause substantialharmto MPM's competitive position and foreclose or reduce the availability of profitmaking opportunities.
The informationispart of MPM's comprehensive radiation transport technologybase,andits commercial value extends beyond the original developmentcost.Thevalueofthe technologybasegoes beyond the extensive physical database and analytical methodology and includes development of the expertise to determineandapplythe appropriate evaluation process.In addition, the technology base includesthevalue derived from providing analysesdonewith NRC-approved methods.The research, development, engineering, analyticalandNRCreviewcosts comprise a substantial investmentoftimeand money by MPM.The precisevalueofthe expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify,butit clearly is substantial.
MPM's competitive advantagewillbelostifits competitorsareabletouse the results of the MPM experience to normalizeorverify their own processoriftheyPage2of3 MPMachineryand Testing, LLCareabletoclaiman equivalent understanding by demonstratingthattheycan arriveatthesameor similar conclusions.Thevalue of this information to MPM wouldbelostifthe information were disclosedtothe public.Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitorswitha windfall, and deprive MPM of the opportunity to exercise its competitive advantagetoseekan adequatereturnonitslarge investment in developing and obtainingthesevery valuable analytical tools.I declare under penalty of perjurythatthe foregoingistrueand correct.Executedonthis fourteenth day of March, 2016.Dr.M.P.Manahan, Sr.President MP Machinery and Testing, 2161 Sandy Drive State College,PA16803 References
[I]"Neutron Transport Analysis for Grand Gulf Nuclear Station", MPM Report Number MPM-814779, Revision5,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.Page3 of 3 Attachment 4 GNRO-2016/00015 MP Machinery and Testing, LLC Affidavit for Proprietary Version of report MPM-814779, Revision 2 MP MachineryandTesting, LLC AFFIDAVIT T, Michael P.Manahan, Sr.,stateas follows: (I)Iamthe PresidentofMP Machinery and Testing, LLC ("MPM"),andhavebeen delegated the function of reviewing the information reported in Reference[I]and[2]whichare soughttobe withheld,andhavebeen authorizedtoapplyforits withholding.(2)Theinformationsoughttobe withheld is containedinthe Reference[I]report Number MPM-814779, Revision2,MP Machinery and Testing,LLC.,2161 Sandy Drive, State College, PA 16803-2283,May,2015.(3)In making this application for withholding of proprietary informationofwhichitisthe owner or licensee, MPMreliesuponthe exemption from disclosuresetforthinthe Freedom of Information Act ("FOIA"), 5 V.S.c.Sec.552(b)(4),andtheTradeSecretsAct, 18 V.S.c.Sec.1905,andNRC regulations 10 CFR 9.17(a)(4), and 2.390(a)(4)fortrade secrets (Exemption4).Thematerialfor which exemption from disclosureishere sought also qualifiesunderthe narrower definition oftradesecret,withinthe meanings assigned tothosetermsfor purposes of FOIA Exemption4in, respectively, Critical Mass Energy Project v.Nuclear Regulatory Commission,975F.2d871(D.C.Cir.1992),and Public Citizen Health Research Groupv.FDA,704F.2d1280(D.C.Cir.
1983).(4)The information soughttobe withheld is consideredtobe proprietaryforthe reasonssetforthin paragraphs(4)a.,(4)b.,and4(d)listedbelow.
Some examples of categories of information thatfitintothe definition ofproprietaryinformation are: a.Information that discloses a process, method, or apparatus, including supportingdataand analyses, where prevention ofitsuseby MPM's competitors withoutlicensefromMPM constitutes a competitive economic advantage over other companies; b.Informationthat,ifusedbya competitor, wouldreducetheir expenditure of resources or improve their competitive positioninthe design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;c.Information that reveals aspects of past, present, or future MPM customer-funded developmentplansand programs, resulting in potential products to MPM;d.Information that discloses trade secret or potentially patentable subject matterforwhichitmaybe desirable to obtain patent protection.(5)To address 10 CFR 2.390(b)(4), the information soughttobe withheldisbeing submittedtoNRCin confidence.
The information is ofasort customarilyheldin confidence by MPM,Page1 of 3 MPMachineryand Testing, LLCandisinfactsoheld.The information soughttobe withheldhas,tothebestofmy knowledgeandbelief, consistentlybeenheldin confidence by MPM,notbeen disclosed publicly,andnotbeenmade available in public sources.All disclosurestothird parties, including any required transmittalstotheNRC,havebeenmade,ormustbemade, pursuant to regulatory provisions or proprietary or confidentiality agreements that provide for maintaining the information in confidence.Theinitial designation of this information as proprietary information,andthe subsequentstepstakento prevent its unauthorized disclosure,areassetforthinthe following paragraphs(6)and (7).(6)Initial approval of proprietary treatmentofa documentismadebythe managerofthe originating component,whoisthe personmostlikelytobe acquaintedwiththevalueand sensitivityofthe information in relation to industry knowledge,orwhoisthe personmostlikelytobe subjecttothetermsunderwhichitwas licensedtoMPM.0)The procedure for approval of external release ofsucha document typically requiresreviewbythe staff manager, project manager, principal engineer or scientist, or other equivalent authority for technical content, competitive effect, and determinationofthe accuracyofthe proprietary designation.
Disclosures outside MPM are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and otherswitha legitimateneedforthe information,andthenonlyin accordance with appropriate regulatory provisions or proprietary or confidentiality agreements.(8)The information identified in paragraph(2),above,is classified as proprietary because it contains the details of MPM methodology and benchmarking.
These methods, techniques,anddataalongwiththeir applicationtothe design, modification, and analyses were achievedata significant costtoMPM.The development of the evaluation processesalongwiththe interpretation and applicationofthe analyticalresultsis derivedfromthe extensive experience databases that constitute a major and substantialMPMasset.(9)Public disclosureofthe information soughttobe withheldislikelytocause substantialharmto MPM's competitive position and foreclose or reduce the availability of profitmaking opportunities.
The informationispart of MPM's comprehensive radiation transport technologybase,andits commercial value extends beyond the original developmentcost.Thevalueofthe technologybasegoes beyond the extensive physical database and analytical methodology and includes developmentofthe expertise to determineandapplytheappropriateevaluation process.In addition, the technology base includesthevalue derived from providing analysesdonewith NRC-approved methods.The research, development.
engineering, analyticalandNRCreviewcosts comprise a substantial investmentoftimeandmoneybyMPM.The precisevalueofthe expertise to devise an evaluation processandapplythe correct analytical methodology is difficult to quantify,butit clearly is substantial.
MPM's competitive advantagewillbelostifits competitorsareabletousetheresults of the MPM experience to normalizeorverifytheirown processoriftheyPage2 of 3 MP MachineryandTesting, LLCareableto claim an equivalent understanding by demonstratingthattheycan arriveatthesameor similar conclusions.Thevalue of this information to MPM wouldbelostifthe information were disclosedtothe public.Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitorswitha windfall, and deprive MPMofthe opportunity to exercise its competitive advantagetoseekan adequate returnonitslarge investment in developing and obtainingthesevery valuable analytical tools.I declare under penalty of perjurythatthe foregoingistrueand correct.Executedonthis fourteenth day of March, 2016.Dr.M.P.Manahan, Sr.President MP Machinery and Testing, 2161 Sandy Drive State College,PA16803 References
[1]"Neutron Transport Analysis for Grand Gulf Nuclear Station", MPM Report Number MPM-814779, Revision5,MP Machinery and Testing,LLC.,2161 SandyDrive,State College, PA 16803-2283,May,2015.Page3 of 3