ML23054A320
| ML23054A320 | |
| Person / Time | |
|---|---|
| Site: | Vallecitos Nuclear Center |
| Issue date: | 02/23/2023 |
| From: | Pedley C GE-Hitachi Nuclear Energy Americas |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| Shared Package | |
| ML23054A319 | List: |
| References | |
| M230008 | |
| Download: ML23054A320 (1) | |
Text
GEHitachiNuclearEnergy
CharlesPedley
SiteManager,
VallecitosNuclearCenter
ProprietaryInformationNotice 6705VallecitosRd
Sunol,CA94586
Enclosure2tothislettercontainsGEHitachiNuclearEnergyproprietaryinformation USA
whichistobewithheldfrompublicdisclosureinaccordancewith10CFR2.390.Upon
removalofEnclosure2,thebalanceofthislettermaybemadepublic. T9255238101
Charles.Pedley@ge.com
M230008 February 23, 2023 U.S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555-001
Subject:
GE Nuclear Test Reactor License Renewal Technical Specifications and Safety Analysis Report
References:
- 1) NRC License R-33, Docket 0500073, General Electric Hitachi (GEH)
Nuclear Test Reactor (NTR)
- 2) Letter, M. Feyrer (GEH) to D. Hardesty (NRC), Nuclear Test Reactor License Renewal (R-33), dated 11/19/2020 (Agencywide Documents Access and Management System (ADAMS) accession numbers:
ML20325A194, ML20325A195, ML20325A196, ML20325A197, ML20325A201, ML20325A202, ML20325A205, ML20325A206, ML20325A207)
- 3) Letter, D. A. Hardesty (NRC) to M.F. Feyrer, GE-Hitachi Nuclear Energy Americas LLC (GEH) - Receipt and Supplemental Information Needed for Renewal Review of GEH Nuclear Test Reactor Facility Operating License No. R 33 (EPID L-2020-RNW-0038), dated 03/11/21 (ADAMS accession number ML21062A250)
- 4) License renewal Technical Specification virtual audits held 8/18/2022, 8/19/2022, 11/30/2022, and 12/12/2022 between the NRC and GEH
- 5) Letter, D. J. Heckman (GEH) to D. A. Hardesty (NRC), Response to Request for Additional Information for GE Nuclear Test Reactor License Renewal Application, dated 4/22/22 (ADAMS accession numbers:
ML22112A237, ML22112A238, ML22112A239, ML22112A240).
GE Hitachi Nuclear Energy Americas LLC (GEH) is providing information relevant to the application to renew the Nuclear Test Reactor (NTR) R-33 license (Ref 1 & 2).
NRC virtual audits of the proposed NTR Technical Specifications were completed according to reference 4. GEH provided supplemental information on April 22, 2022 (Ref 5), pertinent to those audits in addition to supplemental information requested by the NRC (Ref 3). That supplemental information included updated proposed NTR Technical Specifications submitted as revision 4 and proposed edits to revision 3 of the NTR Safety Analysis Report (SAR). Enclosed in this submittal are complete revision 5 to the NTR Technical
M230008 U.S. NRC February 23, 2023 Page 2 of 2
Specifications and complete revision 4 to the SAR resulting from post-audit interaction between the NRC and GEH.
GEH also requests that, during the process of license renewal, the possession limits in section 2.B.(2) be conservatively revised according to details provided in Enclosure 1. contains supplemental information detailing requested changes to the license as well as changes made to the Technical Specifications and SAR resulting from NRC audits. is revision 4 to the NTR SAR and contains GEH proprietary information requested to be withheld from public disclosure pursuant to 10 CFR 2.390. contains a redacted, public version of revision 4 of the NTR SAR. contains revision 5 of the NTR Technical Specifications.
This letter is being submitted under oath or affirmation according to RIS 01-018.
Please contact me if you have any questions regarding this matter.
Sincerely, Digitally signed by CHARLES PEDLEY CHARLES DN: cn=CHARLES PEDLEY c=US l=7249af3244cf2daca5eb6a8620187dbce5b61cd7 o=MyApps e=223062202@ge.com PEDLEY Reason: I am approving this document Location:
Date: 2023-02-23 10:05-08:00 Charles Pedley, Site Manager Vallecitos Nuclear Center : GEH Affidavit : GEH Supplemental Information for NTR License Renewal Application : NTR Safety Analysis Report, Revision 4 (proprietary) : NTR Safety Analysis Report, Revision 4 (public) : NTR Technical Specifications, Revision 5 cc: NRC Region IV Administrator D. A. Hardesty, NRC NRR/DANU/UNPL CP 23-002
M230008 U.S. NRC February 23, 2023 Page 1 of 2
Attachment 1 AFFIDAVIT I, David J. Heckman, state as follows:
(1) I am the Regulatory Affairs / Licensing Lead, of the Vallecitos Nuclear Center, GE Hitachi Nuclear Energy Americas, L.L.C. (GEH) and have been delegated the function by GEH of reviewing the information described in paragraph (2) which is sought to be withheld in Enclosure 2 to GEHs letter, M230008, Charles Pedley to USNRC entitled GE Nuclear Test Reactor License Renewal Technical Specifications and Safety Analysis Report and have been authorized to apply for its withholding.
(2) GEH proprietary information is contained in Enclosure 2 to this letter and is identified by the statement GEH Proprietary Information.
(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GEH 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 10 CFR 9.17(a)(4), and 2.390(a)(4) for trade secrets (Exemption 4). The material for which exemption from disclosure is here sought also qualifies under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975 F2d 871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F2d 1280 (DC Cir. 1983).
(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs (4)a. and (4)b. Some examples of categories of information that fit into the definition of proprietary information are:
- a. Information that discloses financial, a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEHs competitors without license from GEH constitutes a competitive economic advantage over GEH and/or other companies.
- b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to the NRC in confidence.
The information is of a sort customarily held in confidence by GEH 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 GEH, not been disclosed publicly, and not been made 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 regulatory provisions or proprietary and/or confidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in the following paragraphs (6) and (7).
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, who is the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge, or who is the person most likely to be subject to the terms under which it was licensed to GEH. Access to such documents within GEH is limited to 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 for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside GEH 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 and/or confidentiality agreements.
M230008 U.S. NRC February 23, 2023 Page 2 of 2
(8) The information identified in paragraph (2) above is classified as proprietary because it contains details of GEHs processes, design and manufacturing facilities.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEHs competitive position and foreclose or reduce the availability of profit-making opportunities. The facility design and licensing methodology is part of GEHs comprehensive safety and 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. In addition, the technology base includes the value derived from providing analyses done with NRC-approved methods.
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by GEH. The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. GEHs competitive advantage will be lost if its competitors are able to use the results of the GEH experience 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.
The value of this information to GEH would be lost if the information were disclosed to the public. Making such information available to competitors without there having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive GEH of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing and obtaining these very valuable analytical tools.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Executed on this 23rd day of February 2023.
Digitally signed by David David Heckman Date: 2023.02.23 12:49:03 Heckman -07'00' David J. Heckman GE Hitachi Nuclear Energy Americas, L.L.C.
Enclosure 1:
GEH Supplemental Information for NTR License Renewal Application
Enclosure 2:
NTR Safety Analysis Report, Revision 4 (proprietary)
Enclosure 3:
NTR Safety Analysis Report, Revision 4 (public)
Enclosure 4:
NTR Technical Specifications, Revision 5