ML23011A013

LLC Submittal of Supplemental Information in Support of NRC Review of Topical Report Entitled, Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2, TR-108601, Revision 2

ML23011A013
Person / Time
Site:	99902078, 05200050
Issue date:	01/06/2023
From:	Shaver M NuScale
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
LO-131709, TR-106601, Rev 2
Download: ML23011A013 (1)

Text

LO-131709

January 6, 2023 Docket No.52-050

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 Supplemental Information in Support of NRC Review of Topical Report Entitled, "Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2,"

TR-108601, Revision 2

REFERENCES:

1. NuScale Power, LLC Submittal of "NuScale Power, LLC Submittal of Topical Report Supplement Entitled, 'Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2,'

TR-108601, Revision 1," dated April 25, 2022 (ML22115A223)

2. United States Nuclear Regulatory Commission, "Audit Plan for the Regulatory Audit of NuScale Power Topical Report Supplement Entitled 'Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2,' TR-108601, Revision 1," dated June 21, 2022 (ML22168A086) *

3. NuScale Power, LLC Submittal of "NuScale Power, LLC Submittal of Supplemental Topical Report Entitled 'Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2, Subchannel Analysis Methodology,' TR-108601, Revision 2", dated December 13, 2022 (ML22347A315)

In Reference 1 NuScale Power, LLC (NuScale) provided the Statistical Subchannel Analysis Methodology Topical Report. During NRC audit of the topical report (Reference 2), NuScale revised the topical report as provided in Reference 3 and agreed to provide additional data to support NRC review of the topical report. Attached to this letter are a set of Digital Versatile Discs (DVDs) containing the information requested by the NRC for review.

The DVDs contain information for NRC Staff during technical review of the topical report. The information on these DVDs is considered proprietary. Accordingly, NuScale requests that the DVDs be withheld in their entirety from public disclosure in accordance with the requirements of 10 CFR § 2.390. The enclosed affidavit (Enclosure 1) supports this request. The DVDs also contain Export Controlled Information. This information must be protected from disclosure per the requirements of 10 CFR § 810.,

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com LO-131709 Page 2 of 2 01/06/2023

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

If you have any questions, please contact Thomas Griffith at 541-452-7813 or tgriffith@nuscalepower.com.

Sincerely,

Mark W. Shaver Manager, Licensing NuScale Power, LLC

Distribution: Michael Dudek, NRC Getachew Tesfaye, NRG Bruce Bavol, NRC

Enclosure 1: Affidavit of Mark W. Shaver, AF-131712

NuScale Power, LLC 1100 NE Circle Blvd., Suite 200 Corvallis, Oregon 97330 Office 541.360-0500 Fax 541.207.3928 www.nuscalepower.com LO-131709

Affidavit of Mark W. Shaver, AF-131712

NuScale Power, LLC 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 Mark W. Shaver

I, Mark W. Shaver, state as follows:

(1) I am the Licensing Manager 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 subject base model and input files reveal distinguishing aspects about the method by which NuScale develops its Statistical Subchannel Analysis Methodology.

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 contained on the digital versatile discs discussed in NuScale letter to the NRC entitled, "NuScale Power, LLC Submittal of Supplemental Information in Support of NRC Review of Topical Report Entitled "Statistical Subchannel Analysis Methodology, Supplement 1 to TR-0915-17564-P-A, Revision 2," TR-108601, Revision 2. The DVDs containing the listed files contain the designation "Proprietary."

(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-131712 Page 1 of 2 552(b)(4), as well as exemptions applicable to the NRG 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 NRG 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 NRG, 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 Nu Scale, 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 01/06/2023.

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Mark W. Shaver

AF-131712 Page 2 of2