ML23256A248
| ML23256A248 | |
| Person / Time | |
|---|---|
| Site: | 99902052 |
| Issue date: | 09/13/2023 |
| From: | Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB |
| To: | Volkoff J NuScale |
| References | |
| Download: ML23256A248 (4) | |
Text
September 13, 2023 Mr. John Volkoff Manager, Combined License Applications NuScale Power, LLC 1100 NE Circle Boulevard, Suite 200 Corvallis, OR 97330
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- NUSCALE POWER, LLC CARBON FREE POWER PROJECT COMBINED LICENSE APPLICATION
Dear Mr. Volkoff:
By letter dated July 25, 2023, Mr. Mason Baker, President, of Carbon Free Power Project (CFPP), and you submitted two affidavits dated July 25, 2023, and requested that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):
Carbon Free Power Project Application for Limited Work Authorization Enclosure 1: Applicant Corporate and Financial Information 1 Carbon Free Power Project Application for Limited Work Authorization Enclosure 2: Safety Analysis Report The affidavit from Mr. Baker Stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraph 4 shown below:
4(a)
The information sought to be withheld is owned and has been held in confidence by CFPP LLC.
(b)
The information is of a sort customarily held in confidence by CFPP LLC, on the basis that it was provided to CFPP LLC in confidence and that it could negatively affect the bargaining position of CFPP LLC in negotiating contracts related thereto.
(c)
The information is being transmitted to and received by the NRC in confidence.
1 Letter from J. Volkoff to NRC, NuScale Power, LLC Submittal of Entitled Carbon Free Power Project Application for Limited Work Authorization Enclosure 1: Applicant Corporate and Financial Information, and Carbon Free Power Project Application for Limited Work Authorization Enclosure 2: Safety Analysis Report, dated July 25, 2023, Agencywide Document Access and Management System Accession No. ML23212A008.
(d)
To the best of my knowledge no public disclosure of the information has been made, and it is not available in public sources. 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 CFPP LLC, taking into account the value of the information to CFPP LLC, the amount of effort and money expended by CFPP LLC in developing the information, and the difficulty others would have in acquiring or duplicating the information. The information consists of confidential or proprietary information concerning estimated construction costs for the Carbon Free Power Project. Public disclosure of this information would allow potential suppliers to understand CFPP LLCs financial assumptions prior to contracting with CFPP LLC, thereby negatively affecting bargaining position of CFPP LLC in negotiations. The precise financial value of the information is difficult to quantify, but the information provides key insights in contract negotiations and therefore has substantial value to CFPP LLC. CFPP LLC has invested significant resources in acquiring the information and CFPP LLC believes it would be difficult for others to acquire the information.
The affidavit that you submitted stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (2) and (3) shown below:
(2)(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 competitors 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 NuScales competitive position and foreclose or reduce the availability of profit-making opportunities. The accompanying application reveals distinguishing aspects about the NuScale design.
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.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at (301) 415-6616.
Sincerely,
/RA/
Omid Tabatabai, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 99902052 cc: CFPP Listserv
- via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NLIB: LA NAME OTabatabai*
SGreen*
DATE 09/13/2023 09/13/2023 OFFICE NRR/DNRL/NRLB: (A)BC NRR/DNRL/NRLB: PM NAME MMitchell*
OTabatabai*
DATE 09/13/2023 09/13/2023