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Category:Legal-Affidavit
MONTHYEARML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums RS-23-079, Attachment 8 - Affidavit of Kent E. Halac2023-06-28028 June 2023 Attachment 8 - Affidavit of Kent E. Halac ML23181A1512023-03-0202 March 2023 Attachment 1 - Affidavit of Kathleen A. Jones ML22320A5592022-11-16016 November 2022 2022 Annual Report - Guarantees of Payment of Deferred Premiums ML22301A1742022-10-28028 October 2022 Global Nuclear Fuel Americas, LLC (GNF) - Part 21 60-Day Interim Report Notification: GNF3 Raised Water Rod (SC-22-04 Rt) ML22332A4532022-10-25025 October 2022 Attachment 5 - Electric Power Research Institute (EPRI) Affidavit RS-22-083, Response to Request for Additional Information Related to the License Amendment Request to Change New Fuel Storage Vault and Spent Fuel Storage Pool Criticality Methodologies, with Proposed Changes to Technical2022-06-17017 June 2022 Response to Request for Additional Information Related to the License Amendment Request to Change New Fuel Storage Vault and Spent Fuel Storage Pool Criticality Methodologies, with Proposed Changes to Technical RS-21-115, Supplemental Information for License Amendment Request Regarding New Fuel Storage Vault and Spent Fuel Storage Pool Criticality Methodologies, with Proposed Changes to Technical Specifications 4.3.1 and 5.6.52021-11-0404 November 2021 Supplemental Information for License Amendment Request Regarding New Fuel Storage Vault and Spent Fuel Storage Pool Criticality Methodologies, with Proposed Changes to Technical Specifications 4.3.1 and 5.6.5 ML21307A0542021-11-0202 November 2021 Annual Report - Guarantees of Payment of Deferred Premiums RS-22-091, Attachment 4 - Transware Enterprises Inc. Affidavits2021-10-13013 October 2021 Attachment 4 - Transware Enterprises Inc. Affidavits ML21272A2772021-09-29029 September 2021 Update to Application for Order Approving License Transfers and Proposed Conforming License Amendments ML21182A1002021-06-30030 June 2021 Proposed Alternative to Utilize Code Case N-893 RS-21-070, Proposed Alternative to Utilize Code Case N-8932021-06-30030 June 2021 Proposed Alternative to Utilize Code Case N-893 ML21057A2732021-02-25025 February 2021 Application for Order Approving License Transfers and Proposed Conforming License Amendments NMP1L3371, Summary of Changes, Quality Assurance Topical Report, NO-AA-10 & Decommissioning Quality Assurance Program, NO-DC-102021-02-10010 February 2021 Summary of Changes, Quality Assurance Topical Report, NO-AA-10 & Decommissioning Quality Assurance Program, NO-DC-10 ML20310A1152020-11-0404 November 2020 Annual Report - Guarantees of Payment of Deferred Premiums ML19318G1702019-11-14014 November 2019 2019 Annual Report - Guarantees of Payment of Deferred Premiums ML18316A0032018-11-0707 November 2018 Submittal of 2018 Annual Report - Guarantees of Payment of Deferred Premiums ML16042A6322016-02-11011 February 2016 LaSalle County, Units 1 and 2 - Transmittal of Exelon Nuclear Radiological Emergency Plan Revision 1 to EP-AA-1005, Addendum 3, Emergency Action Levels. RS-16-047, LaSalle County, Units 1 and 2 - Transmittal of Exelon Nuclear Radiological Emergency Plan Revision 1 to EP-AA-1005, Addendum 3, Emergency Action Levels.2016-02-11011 February 2016 LaSalle County, Units 1 and 2 - Transmittal of Exelon Nuclear Radiological Emergency Plan Revision 1 to EP-AA-1005, Addendum 3, Emergency Action Levels. RS-15-158, Response to Request for Additional Information Regarding Relief Request I3R-142015-06-0808 June 2015 Response to Request for Additional Information Regarding Relief Request I3R-14 RS-15-103, LaSalle County Station, Units 1 and 2 - Supplement Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits, Including Attachment 2, GEH Affidavit2015-04-15015 April 2015 LaSalle County Station, Units 1 and 2 - Supplement Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits, Including Attachment 2, GEH Affidavit ML15113B0392015-04-15015 April 2015 LaSalle County Station, Units 1 and 2 - Supplement Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits, Including Attachment 2, GEH Affidavit ML14321A7052014-11-14014 November 2014 2014 Annual Report - Guarantees of Payment of Deferred Premiums ML14204A7092014-07-23023 July 2014 Enclosure 3, Affidavit of Peter M. Yandow RS-14-160, Co. - Submission of Standard Practice Procedure Plans and Foreign Ownership Control or Influence Package2014-07-0202 July 2014 Co. - Submission of Standard Practice Procedure Plans and Foreign Ownership Control or Influence Package RS-12-227, Exelongeneration, Submission of Standard Practice Procedure Plans and Updated Foreign Ownership Control or Influence Package2012-12-19019 December 2012 Exelongeneration, Submission of Standard Practice Procedure Plans and Updated Foreign Ownership Control or Influence Package ML1127000682011-09-26026 September 2011 Enclosure 3, Mfn 10-245 R4, Affidavit ML1031904262010-11-0808 November 2010 Corp. - 2010 Annual Report - Guarantees of Payment of Deferred Premiums ML0520003282005-07-14014 July 2005 Surveillance Program for Channel-Control Blade Interference ML0509604602005-03-30030 March 2005 Transmittal of LaSalle County Station, Unit 2, Cycle 11 Core Operating Limits Report (COLR) 2023-06-28
[Table view] Category:Letter
MONTHYEARIR 05000373/20230042024-01-24024 January 2024 County Station - Integrated Inspection Report 05000373/2023004 and 05000374/2023004 ML24024A1332024-01-24024 January 2024 Confirmation of Initial License Examination IR 05000373/20230122024-01-18018 January 2024 County Station - Biennial Problem Identification and Resolution Inspection Report 05000373/2023012 and 05000374/2023012 ML23354A2902024-01-0505 January 2024 Exemption from Select Requirements of 10 CFR Part 73 (EPID L-2023-LLE-0028 (Security Notifications, Reports, and Recordkeeping and Suspicious Activity Reporting)) ML23360A6082023-12-27027 December 2023 County Station Request for Information for NRC Commercial Grade Dedication Inspection: Inspection Report 05000373/2024010 and 05000374/2024010 ML23278A1292023-12-14014 December 2023 Units 1 & 2; Limerick, Units 1 & 2; Nine Mile Point, Units 1 & 2; and Peach Bottom, Units 2 & 3 -Revision to Approved Alternatives to Use Boiling Water Reactor Vessel and Internals Project Guidelines ML23305A1402023-12-13013 December 2023 Units 1 & 2; Nine Mile Point, Unit 2; Peach Bottom, Units 2 & 3; and Quad Cities, Units 1 and 2 - Issuance of Amendments to Adopt Traveler TSTF-580 ML23317A1192023-11-10010 November 2023 Constellation Energy Generation, LLC - 2023 Annual Report - Guarantees of Payment of Deferred Premiums RS-23-120, Supplemental Information Letter for Part 73 Exemption Request - Responses to Request for Confirmatory Information2023-11-10010 November 2023 Supplemental Information Letter for Part 73 Exemption Request - Responses to Request for Confirmatory Information IR 05000373/20230032023-11-0909 November 2023 County Station Integrated Inspection Report 05000373/2023003, 05000374/2023003, and 07200070/2023001 ML23286A2602023-11-0808 November 2023 Issuance of Amendment Nos. 260 and 245 to Renewed Facility Operating Licenses Relocation of Pressure and Temperature Limit Curves to the Pressure Temperature Report IR 05000373/20234012023-11-0707 November 2023 County Station Security Baseline Inspection Report 05000373/2023401 and 05000374/2023401 RS-23-103, Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation2023-10-13013 October 2023 Request for Exemption from Enhanced Weapons, Firearms Background Checks, and Security Event Notifications Implementation RS-23-097, Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans2023-10-12012 October 2023 Constellation Energy Generation, LLC, Advisement of Leadership Changes and Submittal of Updated Standard Practice Procedures Plans IR 05000374/20230102023-10-11011 October 2023 NRC Inspection Report 05000374/2023010 IR 05000373/20233012023-09-15015 September 2023 Errata to NRC Initial License Examination Report 05000373/2023301; 05000374/2023301 RS-23-080, Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs2023-08-30030 August 2023 Constellation Energy Generation, LLC, Application to Revise Technical Specifications to Adopt TSTF-264-A, Revision 0, 3.3.9 and 3.3.10 - Delete Flux Monitors Specific Overlap Requirement SRs RS-23-087, Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor2023-08-0404 August 2023 Revision to Approved Alternatives Associated with the Use of the BWRVIP Guidelines in Lieu of Specific ASME Code Requirements on Reactor ML23212A9012023-08-0303 August 2023 Regulatory Audit Report to Support the Review of the Amendments to Relocation of the Pressure Temperature Limit Curves to the Pressure and Temperature Limits Report IR 05000373/20230022023-08-0101 August 2023 County Station - Integrated Inspection Report 05000373/2023002 and 05000374/2023002 ML23208A3182023-07-27027 July 2023 Notification of an NRC Biennial Licensed Operator Requalification Program Inspection and RFI RS-23-084, Response to Request for Additional Information Regarding the Application to Revise Design Basis to Allow Use of Plastic Section Properties in Lower Downcomer Braces Analysis2023-07-24024 July 2023 Response to Request for Additional Information Regarding the Application to Revise Design Basis to Allow Use of Plastic Section Properties in Lower Downcomer Braces Analysis ML23192A5272023-07-12012 July 2023 NRC Initial License Examination Report 05000373/2023301; 05000374/2023301 ML23186A2062023-07-0606 July 2023 Information Request for a NRC Post-Approval Site Inspection for License Renewal 05000374/2023010 ML23181A1502023-06-30030 June 2023 Combined Response to Request for Additional Information and Supplemental Information in Support of LAR to Relocate Pressure and Temperature Limit Curves to the Pressure and Temperature Limits Report ML23178A2422023-06-28028 June 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch III IR 05000373/20230112023-06-26026 June 2023 County Station - Quadrennial Fire Protection Team Inspection Report 05000373/2023011 and 05000374/2023011 RS-23-077, Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations2023-06-16016 June 2023 Response to NRC Regulatory Issue Summary 2023-01, Preparation and Scheduling of Operator Licensing Examinations ML23167A0352023-06-16016 June 2023 Registration of Use of Cask to Store Spent Fuel ML23171A9562023-06-12012 June 2023 Post Exam Ltr RS-23-042, Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling2023-05-25025 May 2023 Application to Revise Technical Specifications to Adopt TSTF-580, Provide Exception from Entering Mode 4 with No Operable RHR Shutdown Cooling IR 05000373/20230012023-05-10010 May 2023 County Station - Integrated Inspection Report 05000373/2023001 and 05000374/2023001 ML23123A2202023-05-0303 May 2023 Relief Request I4R-14 for Alternative Frequency to Containment Unbonded Post-Tensioning System Inservice Inspection ML23118A3472023-05-0101 May 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Correction of Amendment No. 193 Adoption of TSTF-306, Revision 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration EPID L-2022-LLA-0143 ML23121A1612023-05-0101 May 2023 Information Meeting (Open House) with a Question-and-Answer Session to Discuss NRC 2022 End-of-Cycle Plant Performance Assessment of LaSalle County Station, Units 1 and 2 ML23114A2522023-04-28028 April 2023 Request to Use a Provision of a Later Edition of the ASME Boiler & Pressure Vessel Code, Section XI ML23081A0382023-04-25025 April 2023 County, 1 & 2; Nine Mile Point, 2; and Quad Cities, 1 & 2 - Issuance of Amendments to Adopt TSTF-306, Rev. 2, Add Action to LCO 3.3.6.1 to Give Option to Isolate the Penetration ML23110A3202023-04-21021 April 2023 Information Request to Support the NRC Annual Baseline Emergency Action Level and Emergency Plan Changes Inspection ML23107A1822023-04-18018 April 2023 Operator Licensing Examination Approval Lasalle County Station, May 2023 RS-23-049, Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations2023-03-23023 March 2023 Constellation Energy Generation, LLC, Report on Status of Decommissioning Funding for Reactors and Independent Spent Fuel Storage Installations ML23073A2182023-03-22022 March 2023 Issuance of Amendment No. 258 to Renewed Facility Operating Licenses Exigent Amendment to Revise Design Basis Related to Seismic Requirements RS-23-048, Exigent Amendment Request to Revise Design Basis Related to Seismic Requirements2023-03-0707 March 2023 Exigent Amendment Request to Revise Design Basis Related to Seismic Requirements ML23061A1632023-03-0303 March 2023 Reassignment of the U.S. Nuclear Regulatory Commission Branch Chief in the Division of Operating Reactor Licensing for Plant Licensing Branch 3 IR 05000373/20220062023-03-0101 March 2023 Annual Assessment Letter for LaSalle County Station, Units 1 and 2 (Report 05000373/2022006 and 05000374/2022006) RS-23-045, Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.2032023-02-28028 February 2023 Constellation Energy Generation, LLC Submittal of Fitness for Duty Performance Data Reports for 2022 Per 10 CFR 26.717(c) & 10 CFR 26.203 RS-23-037, Annual 10 CFR 50.46 Report of Emergency Core Cooling System Evaluation Model Changes and Errors for LaSalle County Station2023-02-22022 February 2023 Annual 10 CFR 50.46 Report of Emergency Core Cooling System Evaluation Model Changes and Errors for LaSalle County Station ML23024A1372023-02-0303 February 2023 Request for Withholding Information from Public Disclosure for LaSalle County Station, Unit Nos. 1 and 2 ML23031A1972023-01-31031 January 2023 Notification of NRC Fire Protection Team Inspection Request for Information, Inspection Report Nos. 05000373/2023011 and 05000374/2023011 IR 05000373/20220042023-01-31031 January 2023 County Station - Integrated Inspection Report 05000373/2022004 and 05000374/2022004 RS-23-003, Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-102023-01-31031 January 2023 Constellation Energy Generation, LLC, Summary of Changes to Quality Assurance Topical Report, NO-AA-10, and Decommissioning Quality Assurance Program, NO-DC-10 2024-01-05
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A4300 Winfield Road Exelon Generation,, Warrenville, IL 60555 www.exeloncorp.com Proprietary Information
-Withhold from Public Disclosure Under 10 CFR 2.390 RS-15-103 10 CFR 50.90 April 15, 2015 U. S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001 LaSalle County Station, Units 1 and 2 Facility Operating License Nos. NPF-11 and NPF-18 NRC Docket Nos. 50-373 and 50-374
Subject:
Supplement Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits
References:
- 1) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "Request for a License Amendment to LaSalle County Station, Units 1 and 2, Technical Specification 3.7.3, 'Ultimate Heat Sink,"'dated July 12, 2012 2) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "Response to Request for Additional Information Related to License Amendment Request to Technical Specification 3.7.3,'Ultimate Heat Sink (UHS),"' dated October 4, 2013 3) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "Supplement to Response to Request for Additional Information Related to License Amendment Request to Technical Specification 3.7.3, 'Ultimate Heat Sink (UHS),"' dated February 20, 2014 4) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "Response to Request for Additional Information Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits," dated December 18, 2014 5) Letter from D. M. Gullott (Exelon Generation Company, LLC) to U. S. Nuclear Regulatory Commission, "Additional Response to Request for Additional Information Regarding Request to Withhold Information Related to the License Amendment Request to Revise Ultimate Heat Sink Temperature Limits," dated January 23, 2015 Attachment 1 contains Proprietary Information.
Withhold from public disclosure under 10 CFR 2.390. When separated from Attachment 1, this document is decontrolled.
April 15, 2015 U. S. Nuclear Regulatory Commission Page 2 Proprietary Information
-Withhold from Public Disclosure Under 10 CFR 2.390 In Reference 1, Exelon Generation Company, LLC, (EGC) requested an amendment to the Technical Specifications (TS) of Facility Operating License Nos. NPF-1 1 and NPF-18 for LaSalle County Station (LSCS), Units 1 and 2. The proposed amendment would modify TS 3.7.3,"Ultimate Heat Sink (UHS)," by changing the maximum allowable temperature of the UHS from a fixed limit of 101.25 OF to allow the TS temperature limit of the cooling water supplied to the plant from the UHS to vary with the observed diurnal cycle. EGC supplemented Reference 1 with letters dated October 4, 2013; February 20, 2014; December 18, 2014; and January 23, 2015 (References 2, 3, 4, and 5), which provided information related to EGC Design Analysis L-002457, EGC Design Analysis L-002453, and the GE-Hitachi Nuclear Energy Americas LLC (GEH) request to withhold information from public disclosure.
After discussions with the NRC, EGC is withdrawing References 3, 4, and 5 in their entirety.
This letter and its attachments supersede the information provided in References 2, 3, 4, and 5 related to EGC Design Analysis L-002457, EGC Design Analysis L-002453, and the GE-Hitachi Nuclear Energy Americas LLC (GEH) request to withhold information from public disclosure.
EGC requests that the NRC continue its review of the license amendment request to revise UHS temperature limits.Attachment 1 of this letter provides LSCS Design Analysis L-002453, Revision 4, which contains proprietary information as defined by 10 CFR 2.390, "Public inspections, exemptions, requests for withholding." GEH, as the owner of the proprietary information, executed the affidavit, which identifies that the enclosed proprietary information has been handled and classified as proprietary, is customarily held in confidence, and has been withheld from public disclosure.
The proprietary information was provided to EGC in a GEH transmittal that is referenced by the affidavit.
The proprietary information has been faithfully reproduced in the attached information such that the affidavit remains applicable.
GEH hereby requests that the attached proprietary information be withheld from public disclosure in accordance with the provisions of 10 CFR 2.390 and 10 CFR 9.17.The affidavit supporting the proprietary nature of the information in Attachment 1 is provided in Attachment
- 2. A non-proprietary version of the information contained in Attachment 1 is provided in Attachment 3.Attachment 4 of this letter provides LSCS Design Analysis L-002457, Revision 8. There is no GEH proprietary information contained in Attachment
- 4. The version of LSCS Design Analysis L-002457, Revision 8, provided in Attachment 4 supersedes all previous versions of L-002457, Revision 8, provided to the NRC in References 2, 3, and 5.EGC has reviewed the information supporting a finding of no significant hazards consideration that was previously provided to the NRC in Attachment 2 of Reference
- 2. The additional information provided in this submittal does not affect the bases for concluding that the proposed license amendments do not involve a significant hazards consideration.
Attachment 1 contains Proprietary Information.
Withhold from public disclosure under 10 CFR 2.390. When separated from Attachment 1, this document is decontrolled.
April 15, 2015 U. S. Nuclear Regulatory Commission Page 3 Proprietary Information
-Withhold from Public Disclosure Under 10 CFR 2.390 In accordance with 10 CFR 50.91, "Notice for public comment; State consultation," paragraph (b), a copy of this letter and its attachments are being provided to the designated State of Illinois official.There are no regulatory commitments contained in this submittal.
Should you have any questions concerning this letter, please contact Ms. Lisa A. Simpson at (630) 657-2815.I declare under penalty of perjury that the foregoing is true and correct. Executed on the 15th day of April 2015.Respectfully, David M. Gullott Manager -Licensing Exelon Generation Company, LLC Attachments:
- 1) UHS Heat Load Calculation/LSCS Design Analysis L-002453, Revision 4 (Proprietary)
- 2) GEH Affidavit Supporting Proprietary Nature of Information in Attachment 1 (Non-Proprietary)
- 3) UHS Heat Load Calculation/LSCS Design Analysis L-002453, Revision 4 (Non-Proprietary)
- 4) UHS Calculation/LSCS Design Analysis L-002457, Revision 8 (Non-Proprietary) cc: NRC Regional Administrator, Region III NRC Senior Resident Inspector, LaSalle County Station Illinois Emergency Management Agency -Division of Nuclear Safety Attachment 1 contains Proprietary Information.
Withhold from public disclosure under 10 CFR 2.390. When separated from Attachment 1, this document is decontrolled.
ATTACHMENT 2 GEH Affidavit Supporting Proprietary Nature of Information in Attachment 1 (Non-Proprietary) 3 pages follow GE-Hitachi Nuclear Energy Americas LLC AFFIDAVIT I, James F. Harrison, state as follows: (1) 1 am the Vice President, Fuel Licensing, Regulatory Affairs, GE-Hitachi Nuclear Energy Americas LLC ("GEH"), and have been delegated the function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in Enclosure 1 of GEH letter 7491-318563-HAO-1 R2, "Requested Documents with Revised Marking of GEH Proprietary Information," dated December 4, 2014. The GEH proprietary information in Enclosure 1, which is entitled "LaSalle Requested Documents," is identified by a dotted underline inside double square brackets.
[[This sentence is an example...
3 1]] Figures and large objects containing GEH proprietary information are identified with double square brackets before and after the object. In each case, the superscript notation (3) refers to Paragraph (3) of this affidavit, which provides the basis for the proprietary determination.
(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 U.S.C. Sec. 552(b)(4), and the Trade Secrets Act, 18 U.S.C.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 F.2d 871 (D.C. Cir. 1992), and Public Citizen Health Research Group v. FDA, 704 F.2d 1280 (D.C. 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 a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over 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;c. Information that reveals aspects of past, present, or future GEH customer-funded development plans and programs, resulting in potential products to GEH;d. Information that discloses trade secret or potentially patentable subject matter for which it may be desirable to obtain patent protection.
Affidavit for 7491-318563-HAO-1 R2 Page I of 3 GE-Hitachi Nuclear Energy Americas LLC (5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to 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 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.(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 or confidentiality agreements.
(8) The information identified in paragraph (2), above, is classified as proprietary because it contains the detailed GEH methodology for decay heat, uprate, and energy data for the GEH Boiling Water Reactor (BWR). These methods, techniques, and data along with their application to the design were achieved at a significant cost to GEH.The development of the evaluation processes along with the interpretation and application of the analytical results is derived from the extensive experience databases that constitute a major GEH asset.(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to GEH's competitive position and foreclose or reduce the availability of profit-making opportunities.
The information is part of GEH's comprehensive BWR 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.
GEH's competitive advantage will be lost if its Affidavit for 7491-318563-HAO-1 R2 Page 2 of 3 GE-Hitachi Nuclear Energy Americas LLC 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 their 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.Executed on this 4 th day of December 2014.James F. Harrison Vice President, Fuel Licensing, Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 3901 Castle Hayne Rd.Wilmington, NC 28401 James.Harrison@ge.com Affidavit for 7491-318563-HAO-1 R2 Page 3 of 3