ML24037A006
| ML24037A006 | |
| Person / Time | |
|---|---|
| Site: | 07007004 |
| Issue date: | 01/24/2024 |
| From: | Karen Fitch American Centrifuge Operating |
| To: | Laura Dudes, John Lubinski Document Control Desk, Office of Nuclear Material Safety and Safeguards, NRC/RGN-II |
| References | |
| ACO 24-0003 | |
| Download: ML24037A006 (1) | |
Text
CUI II SP-EXPT I SP-SRI II NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information
Ame entrifuge rating
January 24, 2024 ACO 24-0003
ATTN: Document Control Desk John W. Lubinski, Director Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001
Laura Dudes, Regional Administrator U.S. Nuclear Regulatory Commission, Region II Marquis One Tower 234 Peachtree Center Ave. NE, Suite 1200 Atlanta, GA 30303-1200
American Centrifuge Plant
. Docket Number 70-7004; License Number SNM-2011
Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration INFORMATION TRANSMITTED HEREWITH IS PROTECTED' FROM PUBLIC DISCLOSURE AS CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION AND/OR TRADE SECRETS PURSUANT TO 10 CFR 2.390(a)(4) and 10 CFR 2.390(d)(l)
AND INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM DISCLOSURE PURSUANT TO 10 CFR PART 810
Dear John Lubinski and Laura Dudes:
Pursuant to 10 Code of Federal Regulations (CFR) 70.72(d)(3), American Centrifuge Operating, LLC (ACO) hereby submits to the U.S. Nuclear Regulatory Commission (NRC) changed pages of LA-3605-0003, Integrated Safety Analysis Summary for the American Centrifuge Plant, as Enclosure 1 and changed pages ofLA-3605-0003A, Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration, as Enclosure 2. Based upon the security markings, the changed pages for LA-3605-0003AG, (U) Classified Iriformation Supporting Addendum 1 of the Integrated Safety Analysis, are being transmitted under separate
Documents transmitted herewith contain CUI II SP-EXPT I SP-SRI II NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is Uncontrolled.
American Centrifuge Operating, LLC 3930 U.S. Route 23 South - P.O. Box 628 Piketon, OH 45661 CUI// SP-EXPT /SP-SRI// NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information
John Lubinski and Laura Dudes January 24, 2024 ACO 24-0003, Page 2
cover, ACO 24-0008. Changes from the previous submittals transmitted to the NRC are designated with revision bars in the right-hand margin. The changes noted within Enclosures 1 and 2 have been reviewed in accordance with 10 CFR 70.72 and have been determined not to require prior NRC approval.
Additionally, in accordance with 10 CFR 70.5(a)(4)(b), previous reporting of this information failed to properly address this Submittal of Changed Pages of the Integrated Safety Analysis Summary for the American Centrifuge Plant and Addendum 1 of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU Demonstration, to the Region II Regional Administrator, which has been corrected with this submittal.
Enclosures 1 and 2 contain Proprietary Information and ACO requests these enclosures be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4). An affidavit required by 10 CFR 2.390(b)(l)(ii) is provided as Enclosure 3. Enclosures 1 and 2 contain Security-Related Information; therefore, ACO requests these enclosures be withheld from public disclosure pursuant to 10 CFR 2.3 90( d)( 1 ). In accordance with the guidance provided by the U.S. Department of Energy, Enclosures 1 and 2 also contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR Part 810.
If you have any questions regarding this matter, please contact me at (740) 897-3859.
Kelly L. Fitch Regulatory Manager
Enclosures:
As Stated
cc (without Enclosures, unless otherwise noted):
C. Blanton, DOE Idaho Y. Paraz, NRC HQ (Enclosures)
A. Ford, DOE Idaho J. Hutson, Contractor J. Lingard, DOE Idaho L. Pitts, NRC Region II (Enclosures)
M. Reim, DOE-NE J. Tobin, NRC HQ (Enclosures)
D. Woodyatt, NRC HQ (Enclosures)
Documents transmitted herewith contain CUI// SP-EXPT /SP-SRI// NOFORN Security-Related Information - Withhold Under 10 CFR 2.390 Export Controlled Information and Proprietary Information When separated from the Enclosures 1 and 2, this cover letter is Uncontrolled. of ACO 24-0003
Information Contained Within Does Not Contain Export Controlled Information
Reviewer: Lori Hawk, ACO Date: 01/23/2024 AFFIDAVIT OF LARRY B. CUTLIP SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN INFORMATION PROVIl)ED TO NRC IN LETTER ACO 24-0003
I, Larry B. Cutlip, of American Centrifuge Operating, LLC (ACO), having been duly
sworn, do herby affirm and state:
- 1. I have been authorized by ACO to (a) review the information owned by ACO which is
referenced herein relating to ACO's submittal of changed pages ofLA-3605-0003, Integrated
Safety Analysis Summary for the American Centrifuge Plant, and LA-3605-0003A, Addendum
I of the Integrated Safety Analysis Summary for the American Centrifuge Plant - HALEU
Demonstration, as described in letter ACO 24-0003, which ACO seeks to have withheld from
public disclosure pursuant to section 147 of the Atomic Energy Act (AEA), as amended, 42
U.S.C. § 2167, and 10 CFR 2.390(a)(4), and 9.l 7(a)(4), and (b) apply for the withholding of
such information from public disclosure by the U.S. Nuclear Regulatory ~ommission (NRC)
on behalf of ACO.
- 2. Consistent with the provisions of 10 CFR 2.390(b)(4) of the Commission's regulations, the
following is furnished for consideration by the Commission in determining whether the
information sought to be withheld from public disclosure should be withheld.
- 1. The information sought to be withheld from public disclosure is owned and has been held
in confidence by ACO.
- 11. The information is of a type customarily held in confidence by ACO and not customarily
disclosed to the public. ACO has a rational basis for determining the types of information
customarily held in confidence by it and, in that connection, utilizes a system to determine
when and whether to hold certain types of information in confidence. The application of
that system and the substance of that system constitute ACO policy and provide the rational basis required. Under that system, information is held in confidence if it falls in one or
more of several types, the release of which might result in the loss of an existing or potential
competitive advantage, as follows:
a) The information reveals the distinguishing aspects of a process ( or component,
structure, tool, method, etc.) where presentatimJ: of its use by any of ACO's competitors
without license from ACO constitutes a competitive economic advantage over other
compames.
b) It consists of supporting data, including test data, relative to a process ( or component,
structure, tool, method, etc.), the application of which data secures a competitive
economic advantage (e.g., by optimization or improved marketability).
c) Its use 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 a similar product.
d) It reveals cost or price information, production capacities, budget levels, or commercial
strategies of ACO, its customers or suppliers.
e) It reveals aspects of past, present, or future ACO or customer funded development plans
and programs of potential commercial value to ACO.
f) It contains patentable ideas, for which patent protection may be desirable.
g) It reveals information concerning the terms and conditions, work performed,
administration, performance under or extension of contracts with its customers or
suppliers.
iii. There are sound policy reasons behind the ACO system which include the following:
a) The use of such information by ACO gives ACO a competitive advantage over its
competitors. It is, therefore, withheld from disclosure to protect the ACO competitive
position.
b) It is information, which is marketable in many ways. The extent to which such
information is available to competitors diminishes ACO's ability to sell products and
services involving the use of the information.
c) Use by our competitors would put ACO at a competitive disadvantage by reducing their
expenditure of resources at ACO expense.
d) Each component of proprietary information pertinent to a particular competitive
advantage is potentially as valuable as the total competitive advantage. If competitors
acquire components or proprietary information, any one component may be the key to
the entire puzzle, thereby depriving ACO of a competitive advantage.
e) Unrestricted disclosure would jeopardize the position of prominence of ACO in the
world market, and thereby give a market advantage to the competition of those
countries.
f) The ACO capacity to invest corporate assets in research and development depends
upon the success in obtaining and maintaining a competitive advantage.
iv. The information is being transmitted to the Commission in confidence and, under the
provisions of 10 CFR Section 2.390, it is to be received in confidence by the Commission.
- v. The information sought to be protected is not available in public sources or available
information has not been previously employed in the same original manner or method to
the best of our knowledge and belief.
- 3. The proprietary information sought to be withheld is contained within Enclosures 1 and 2 of
letter ACO 24-0003. Enclosure 1 provides changed pages for LA-3605-0003, Integrated
Safety Analysis Summary for the American Centrifuge Plant. Enclosure 2 provides changed
pages for LA-3605-0003A, Addendum 1 of the Integrated Safety Analysis Summary for the
American Centrifuge Plant - HALEU Demonstration. These enclosures provide detailed
descriptions, diagrams, and process related information to the deployment of ACO's high-assay low enriched uramum (HALEU) enrichment Plant; therefore, determined to be
proprietary. Public disclosure of this proprietary information is likely to cause substanti_al
harm to the competitive position of ACO because it may enhance the ability of competitors to
position and provide similar products. Moreover, disclosure of this information may provide
insights into the design of ACO's American Centrifuge technology, including structures,
systems, and components categorized as Export Controlled Information.
Further, this information has substantial commercial value as follows:
- The development of the information described in part is the result of applying many
hundreds of person-hours and the expenditure of thousands of dollars on design and
analysis activities to achieve the information that is sought to be withheld; and
- In order for a competitor of ACO to duplicate the information sought to be withheld, a
similar process would have to be undertaken and a significant effort and resources would
have to be expended.
Further the deponent sayeth not.
Larry B. Cutlip, having been duly sworn, hereby confirms that I am the President of
American Centrifuge Operating,
- LLC, that I am authorized on behalf of ACO to review the
information attached hereto and to sign and file with the U.S. Nuclear Regulatory Commission
this affidavit and the attachments hereto, and that the statements made and matters set forth herein
are true and correct to the best of my knowledge, information, and belief.
On this 24th day of January 2024, Larry B. Cutlip personally appeared before me, is known
by me to be the person whose name is subscribed to within the instrument and acknowledged that
he executed the same for the purposes therein contained.
In witness hereof I hereunto set my hand and official seal.
State of Tennessee Notary Public Anderson County My commission ends October 26, 2024