ML103550153
| ML103550153 | |
| Person / Time | |
|---|---|
| Site: | 07007016 |
| Issue date: | 12/22/2010 |
| From: | Alan Frazier NRC/NMSS/FCSS |
| To: | Oliver J GE-Hitachi Global Laser Enrichment |
| Timothy Johnson, NMSS, 301-492-3121 | |
| References | |
| Download: ML103550153 (3) | |
Text
December 22, 2010 Ms. Julie Olivier, Licensing Manager GE-Hitachi Global Laser Enrichment P.O. Box 780 3901 Castle Hayne Road Wilmington, NC 28402
SUBJECT:
APPROVAL OF GENERAL ELECTRIC HITACHI REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Ms. Olivier:
On December 2, 2010, Mr. Mark D. Venters transmitted an affidavit signed by you requesting that information related to the General Electric-Hitachi (GEH) laser enrichment Facility Clearance Application be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390. Mr. Venters did not provide a non-proprietary version of the information.
In the affidavit you signed, dated December 20, 2010, you stated that GEH wishes to withhold, from public disclosure, Mr. Venters letter and Enclosure 1 of the December 20, 2010, letter as proprietary information. Mr. Venters letter and Enclosure 1 discuss GEHs corporate changes to the Foreign Ownership, Control, or Influence information submitted with the GEH Facility Clearance Application.
In the affidavit, you stated that the above documents should be withheld from public disclosure for the following reasons:
- 1.
It contains information that discloses details of GEHs business structure and licensing methods for the proposed GEH uranium enrichment facility;
- 2.
It contains commercial and/or financial information and, if used by a competitor, could improve its competitive position;
- 3.
The information is being submitted to the U.S. Nuclear Regulatory Commission (NRC) in confidence and is information that is typically held in confidence by GEH and is in fact held in confidence by GEH; and
- 4.
The information has the potential to result in substantial harm to the competitive position of GEH and reduce or foreclose the availability of profit opportunities.
We have reviewed the justifications that you provided in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the December 20, 2010, letter from Mr. Venters and Enclosure 1 of that letter sought to be withheld contain proprietary commercial information and should be withheld from public disclosure.
J. Olivier 2 Withholding information 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 NRC. You should also 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, please contact Mr. Timothy C. Johnson at (301) 492-3121.
Sincerely,
/RA/
Alan L. Frazier, Acting Chief Uranium Enrichment Branch Fuel Facility Licensing Directorate Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards Docket No. 70-7016 cc:
William Szymanski/DOE Bruce Shell/New Hanover County Patricia Campbell/GEH Marty Lawing/Brunswick County Jerald Head/GEH George Brown/Pender County Chris Monetta/GEH Bill Saffo/Wilmington Mike Giles/CFC Malissa Talbert/Wilmington Tom Clements/FOTE Wanda Lagoe/NCOSH David Springer/CFRW Cameron Weaver/NCDENR Stephen Rynas/NCDENR Emily Hughes/USACE Jennifer Braswell/New Hanover County Lee Cox/NCDENR Christopher OKeefe/New Hanover County David Weaver/New Hanover County Lafayette Atkinson/NCOSH
J. Olivier 2 Withholding information 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 NRC. You should also 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, please contact Mr. Timothy C. Johnson at (301) 492-3121.
Sincerely,
/RA/
Alan L. Frazier, Acting Chief Uranium Enrichment Branch Fuel Facility Licensing Directorate Division of Fuel Cycle Safety and Safeguards Office of Nuclear Material Safety and Safeguards Docket No. 70-7016 cc: William Szymanski/DOE Bruce Shell/New Hanover County Patricia Campbell/GEH Marty Lawing/Brunswick County Jerald Head/GEH George Brown/Pender County Chris Monetta/GEH Bill Saffo/Wilmington Mike Giles/CFC Malissa Talbert/Wilmington Tom Clements/FOTE Wanda Lagoe/NCOSH David Springer/CFRW Cameron Weaver/NCDENR Stephen Rynas/NCDENR Emily Hughes/USACE Jennifer Braswell/New Hanover County Lee Cox/NCDENR Christopher OKeefe/New Hanover County David Weaver/New Hanover County Lafayette Atkinson/NCOSH DISTRIBUTION:
RidsNmssOd r/f FCSS r/f UEB r/f CSafford/OGC DMcIntyre/OPA RVirgilio/FSME JWeil/OCA DSeymour/Reg II MLesser/Reg II RHannah/Reg II JLedford/Reg II BShroff/FSME KEverly/NSIR CTaylor/Reg II JHenson/Reg II JDavis/FSME HYilma/FSME BStapleton/NSIR Hearing file GEH Web site - NO ML103550153 OFFICE UEB FMB UEB NAME TJohnson LAllen AFrazier DATE 12/21/10 12/21/10 12/22/10 OFFICIAL RECORD COPY