ML18331A159

LLC - Submittal of Presentation Materials Titled Addressing Component Fatigue for NuScale Dca.

ML18331A159
Person / Time
Site:	NuScale
Issue date:	11/19/2018
From:	Rad Z NuScale
To:	Document Control Desk, Office of New Reactors
Shared Package
ML18331A220	List: ML18331A159 ML18331A160
References
L0-1118-63008
Download: ML18331A159 (3)

Text

L0-1118-63008 November 19, 2018 Docket No.52-048 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

SUBJECT:

NuScale Power, LLC Submittal of Presentation Materials titled "Addressing Component Fatigue for NuScale DCA" Presentation materials have been prepared and enclosed with this letter to support discussions related to the November 20, 2018 meeting with NRC related to NuScale Component Fatigue Evaluations in support of the Design Certification. These materials are intended to convey current activities, and information may change based on feedback from the NRC technical staff, or alternative solutions NuScale may choose to pursue. The presentation materials are considered proprietary by NuScale and therefore, NuScale has requested that the portion of the November 20, 2018 meeting be closed when these materials will be discussed. is the proprietary presentation titled "Addressing Component Fatigue for NuScale DCA, November 20, 2018." NuScale requests that this presentation be withheld from public disclosure in accordance with the requirements of 10 CFR § 2.390. Enclosure 2 is the redacted version of this presentation, suitable for public distribution. The enclosed affidavit (Enclosure 3) supports this request.

This letter makes no regulatory commitments and no revisions to any existing regulatory commitments.

If you have any questions, please contact Marty Bryan at 541-452-7172 or at mbryan@nuscalepower.com.

Sincerely,

~~~

Zackary W. Rad Director, Regulatory Affairs Distribution: Samuel Lee, NRC, OWFN-8G9A Robert Taylor, NRC, OWFN-7H4 Gregory Cranston, NRC, OWFN-8G9A Marieliz Vera, NRC, OWFN-8G9A : Addressing Component Fatigue for NuScale DCA, November 20, 2018, proprietary version : Addressing Component Fatigue for NuScale DCA, November 20, 2018, nonproprietary version : Affidavit of Zackary W. Rad, AF-1118-63009

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NuScale Power, LLC Nf--b 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com

NuScale Power, LLC AFFIDAVIT of Zackary W. Rad I, Zackary W. Rad, state as follows:

(1) I am the Director of Regulatory Affairs of NuScale Power, LLC (NuScale), and as such, I have been specifically delegated the function of reviewing the information described in this Affidavit that NuScale seeks to have withheld from public disclosure, and am authorized to apply for its withholding on behalf of NuScale (2) I am knowledgeable of the criteria and procedures used by NuScale in designating information as a trade secret, privileged, or as confidential commercial or financial information. This request to withhold information from public disclosure is driven by one or more of the following:

(a) The information requested to be withheld reveals distinguishing aspects of a process (or component, structure, tool, method, etc.) whose use by NuScale competitors, without a license from NuScale, would constitute a competitive economic disadvantage to NuScale.

(b) The information requested to be withheld consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), and the application of the data secures a competitive economic advantage, as described more fully in paragraph 3 of this Affidavit.

(c) Use by a competitor of the information requested to be withheld would reduce the competitor's expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

(d) The information requested to be withheld reveals cost or price information, production capabilities, budget levels, or commercial strategies of NuScale.

(e) The information requested to be withheld consists of patentable ideas.

(3) Public disclosure of the information sought to be withheld is likely to cause substantial harm to NuScale's competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying presentation reveals distinguishing aspects about the method by which NuScale has performed its primary component stress analysis (including fatigue).

NuScale has performed significant research and evaluation to develop a basis for this method and has invested significant resources, including the expenditure of a considerable sum of money.

The precise financial value of the information is difficult to quantify, but it is a key element of the design basis for a NuScale plant and, therefore, has substantial value to NuScale.

If the information were disclosed to the public, NuScale's competitors would have access to the information without purchasing the right to use it or having been required to undertake a similar expenditure of resources. Such disclosure would constitute a misappropriation of NuScale's intellectual property, and would deprive NuScale of the opportunity to exercise its competitive advantage to seek an adequate return on its investment.

(4) The information sought to be withheld is in the enclosed presentation entitled "Addressing Component Fatigue for NuScale DCA," PM-1118-61965, Revision 0. The enclosure contains the designation "Proprietary" at the top of each page containing proprietary information. The information considered by NuScale to be proprietary is identified within double braces, "((" in the document. (5) The basis for proposing that the information be withheld is that NuScale treats the information as a trade secret, privileged, or as confidential commercial or financial information. NuScale relies upon AF-1118-63009 Page 1 of2

the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC § 552(b)(4), as well as exemptions applicable to the NRC under 10 CFR §§ 2.390(a)(4) and 9.17(a)(4). (6) Pursuant to the provisions set forth in 10 CFR § 2.390(b)(4), the following is provided for consideration by the Commission in determining whether the information sought to be withheld from public disclosure should be withheld: (a) The information sought to be withheld is owned and has been held in confidence by NuScale. {b) The information is of a sort customarily held in confidence by NuScale and, to the best of my knowledge and belief, consistently has been held in confidence by NuScale. The procedure for approval of external release of such information typically requires review by the staff manager, project manager, chief technology officer or other equivalent authority, or the manager of the cognizant marketing function (or his delegate), for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside NuScale are limited to regulatory bodies, customers and potential customers and their agents, suppliers, licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or contractual agreements to maintain confidentiality. (c) The information is being transmitted to and received by the NRC in confidence. (d) No public disclosure of the information has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or contractual agreements that provide for maintenance of the information in confidence. (e) Public disclosure of the information is likely to cause substantial harm to the competitive position of NuScale, taking into account the value of the information to NuScale, the amount of effort and money expended by NuScale in developing the information, and the difficulty others would have in acquiring or duplicating the information. The information sought to be withheld is part of NuScale's technology that provides NuScale with a competitive advantage over other firms in the industry. NuScale has invested significant human and financial capital in developing this technology and NuScale believes it would be difficult for others to duplicate the technology without access to the information sought to be withheld. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 19, 2018 .

                                    /     Zackary W. Rad AF-1118-63009                                      Page 2 of2}}