ML13038A057
| ML13038A057 | |
| Person / Time | |
|---|---|
| Site: | Oregon State University |
| Issue date: | 02/11/2013 |
| From: | Alexander Adams Research and Test Reactors Licensing Branch |
| To: | Reese S Oregon State University |
| Adams, Al 301-415-1127 | |
| References | |
| TAC ME8443 | |
| Download: ML13038A057 (4) | |
Text
February 11, 2013 Dr. Steve Reese, Director Radiation Center Oregon State University 100 Radiation Center Corvallis, Oregon 97331-5903
SUBJECT:
OREGON STATE UNIVERSITY - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME8443)
Dear Dr. Reese:
By letter dated April 13, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12124A264), you submitted an affidavit dated April 13, 2012, executed by yourself on behalf of Oregon State University, which requested that information contained in the following document be withheld from public disclosure pursuant to the Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:
Oregon State TRIGA Reactor License Amendment For Irradiation of Fuel Bearing Targets For Production of Molybdenum-99, April, 2012 The April 13, 2012, letter also contained a nonproprietary version of the document. By letter dated January 8, 2013 (ADAMS Accession No. ML12124A266), you submitted a revision to the nonproprietary version of the document and requested that the revision replace the original.
The revision was based on discussions between yourself and the U.S. Nuclear Regulatory Commission (NRC) staff. The revision contains less redactions than the original version. A nonproprietary copy of this document has been placed in the NRCs Public Document Room and added to the NRC Library in ADAMS (ADAMS Accession No. ML12124A266).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
The information is proprietary information owned by Oregon State University.
Oregon State University believes that if released, the information would create substantial harm to the owners by providing competitors and other parties whose interest may be adverse to the owner with detailed technical trade secret and commercial information. Specifically, information related to the target dimensions, material composition, and mass or information that would reasonably allow knowledgeable people to deduce this information should be withheld from public disclosure. This information is considered proprietary and would significantly affect any competitive advantage that this target configuration creates.
S. Reese We have reviewed your submittal 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 301-415-1127.
Sincerely,
/RA/
Alexander Adams Jr., Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-243
ML13038A057 NRR-084 OFFICE NRR/PRLB/PM NRR/PRLB/LA NRR/PRLB/ABC NRR/PRLB/PM NAME AAdams GLappert PIsaac AAdams DATE 2/8/2013 2/7/2013 2/9/2013 2/11/2013
Oregon State University Docket No. 50-243 cc:
Mayor of the City of Corvallis Corvallis, OR 97331 Oregon Office of Energy 625 Marion Street, N.E.
Salem, OR 97310 Dr. Richard Spinrad, Vice President for Research Oregon State University Administrative Services Bldg., Room A-312 100 Radiation Center Corvallis, OR 97331-5904 Dr. Michael Hartman, Reactor Administrator Oregon State University 100 Radiation Center, A-100 Corvallis, OR 97331-5903 Dr. Todd Palmer, Chairman Reactor Operations Committee Oregon State University 100 Radiation Center, A-100 Corvallis, OR 97331-5904 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611