ML100560467

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Request for Withholding Information from Public Disclosure Regarding Indirect License Transfer Application
ML100560467
Person / Time
Site: Aerotest
Issue date: 05/13/2010
From: Jessie Quichocho
Research and Test Reactors Branch B
To: Brisighella D, Thams S
Aerotest, X-Ray Industries
Montgomery Cindy 301-415-3388 NRR/DPR
References
TAC ME3120
Download: ML100560467 (5)


Text

May 13, 2010 Mr. Dario Brisighella, President Aerotest Operations, Inc.

3350 Airport Road Ogden, UT 84405 Mr. Scott Thams, President X-Ray Industries, Inc.

1961 Thunderbird Troy, MI 48084

SUBJECT:

AEROTEST OPERATIONS, INC., - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR AEROTEST OPERATIONS, INC. (TAC NO. ME3120)

Dear Mr. Brisighella and Mr. Thams:

By letter dated April 1, 2010, Aerotest Operations, Inc., (Aerotest) and X-Ray Industries, Inc.,

(X-Ray) submitted an affidavit, executed by Michael S. Anderson and Scott W. Thams, requesting that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Response to Request for Additional Information Regarding Proposed Indirect License Transfer The affidavit stated that the following information should be considered as the basis for granting an exemption from mandatory public disclosure:

1. The basis for proposing that the information be withheld from public disclosure is that information contained in the [Aerotest Radiography and Research Reactor] ARRR [Request for Additional Information] RAI includes confidential business and financial information of Aerotest and X-Ray, which information has been held in confidence by Aerotest and X-Ray is a type customarily held in confidence by its owner, was transmitted to and received by the Commission in confidence, is not available in public sources, if publicly disclosed, would be likely to cause substantial harm to the competitive position of Aerotest and X-Ray taking into account the value of the information, the amount of effort and money expended by Aerotest and X-Ray in developing the information and the difficulty with which the information could be acquired [or] duplicated by others;
2. If such information was disclosed to the public, Aerotest and X-Ray believe that competitive harm would result.

U. S. Nuclear Regulatory Commission (NRC) staff has 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, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the Response to Request for Additional Information Regarding Proposed Indirect License Transfer, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR Part 2, 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, please contact Cindy Montgomery at 301-415-3398.

Sincerely,

/RA by Alexander Adams, Jr./

Jessie Quichocho, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

U. S. Nuclear Regulatory Commission (NRC) staff has 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, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the Response to Request for Additional Information Regarding Proposed Indirect License Transfer, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR Part 2, 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, please contact Cindy Montgomery at 301-415-3398.

Sincerely,

/RA by Alexander Adams, Jr./

Jessie Quichocho, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page DISTRIBUTION:

PUBLIC RTR R/F RidsNrrDpr RidsNrrDprPrta RidsOgcMailCenter CMontgomery, NRR GLappert, NRR AAdams, NRR ADAMS Accession No. ML100560467 NRR-084 OFFICE DPR/PRLB/PM DPR/PRPB/LA DPR/PRLB/PM DPR/PRLB/BC DPR/PRLB/PM NAME CMontgomery GLappert JQuichocho AAdams JQuichocho (AAdams for)

DATE 5/12/2010 5/11/2010 5/12/2010 5/12/2010 5/13/2010

OFFICIAL RECORD COPY

Aerotest Operations, Inc.

Docket No. 50-228 cc:

Sandy Warren, General Manager Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583 California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611