ML15051A004

University of Missouri at Columbia, Request for Withholding Information from Public Disclosure

ML15051A004
Person / Time
Site:	University of Missouri-Columbia
Issue date:	02/20/2015
From:	Geoffrey Wertz Research and Test Reactors Licensing Branch
To:	Rhonda Butler Univ of Missouri - Columbia
Wertz G
References
TAC ME1580
Download: ML15051A004 (4)

Text

February 20, 2015 Mr. Ralph Butler, Director Research Reactor Center University of Missouri-Columbia Research Park Columbia, MO 65211

SUBJECT:

UNIVERSITY OF MISSOURI AT COLUMBIA - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE INFORMATION (TAC NO. ME1580)

Dear Mr. Butler:

By letter dated February 12, 2015 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML15049A039), the University of Missouri at Columbia Research Reactor (MURR), submitted an affidavit (which corrected an affidavit sent by letter dated January 28, 2015, ADAMS Accession No. ML15034A473), which was executed by yourself, dated February 12, 2015, and which requested that information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

Attachment No. 22 and Attachment No. 23, MURR responses to the U.S. Nuclear Regulatory Commissions (NRCs) request for additional information.

A nonproprietary copy of this document has been placed in the NRC Public Document Room and added to the NRC Library in ADAMS, Accession No. ML15034A474.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. This information is and has been in confidence by MURR.

ii. This information is of a type that is customarily held in confidence by MURR, and there is a rational basis for doing so because the information includes sensitive business information pertaining to how MURR will irradiate and process target material to create Iodine 131.

iii. The information is being transmitted to the NRC voluntarily and in confidence.

iv. This information is not available in public sources and could not be gathered readily from other publicly available information.

v. Public disclosure of the information sought to be withheld is likely to cause substantial harm to MURRs competitive position and foreclose or reduce the availability of profit-making opportunities. The value of the information goes beyond the disclosure of actual information pertaining to MURRs potential business, and includes substantial time and work towards developing the project, and represents significant efforts by MURR and its associates. The research, development, engineering, and analytical costs comprise a substantial investment

R. Butler of time and money by MURR. The precise value of the information is difficult to quantify, but clearly is substantial.

vi. MURRs competitive advantage will be lost if its competitors are able to use the results of MURRs activities to aid their own commercial activities. The value of this information to MURR would be lost if the information were disclosed to the public. Making such information available to other entities without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive MURR of the opportunity to exercise its competitive advantage to seek an adequate return on its large 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(s) 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 review, please contact me at (301) 415-0893.

Sincerely,

/RA A. Adams for/

Geoffrey A. Wertz, Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-186 cc See Next Page

University of Missouri-Columbia Docket No. 50-186 cc:

John Ernst, Associate Director Health and Safety Research Reactor Facility 1513 Research Park Drive Columbia, MO 65211 Homeland Security Coordinator Missouri Office of Homeland Security P.O. Box 749 Jefferson City, MO 65102 Planner, Dept. of Health and Senior Services Section for Environmental Public Health 930 Wildwood Drive, P.O. Box 570 Jefferson City, MO 65102-0570 Deputy Director for Policy Department of Natural Resources 1101 Riverside Drive Fourth Floor East Jefferson City, MO 65101 A-95 Coordinator Division of Planning Office of Administration P.O. Box 809, State Capitol Building Jefferson City, MO 65101 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611

R. Butler of time and money by MURR. The precise value of the information is difficult to quantify, but clearly is substantial.

vi. MURRs competitive advantage will be lost if its competitors are able to use the results of MURRs activities to aid their own commercial activities. The value of this information to MURR would be lost if the information were disclosed to the public. Making such information available to other entities without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall and deprive MURR of the opportunity to exercise its competitive advantage to seek an adequate return on its large 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(s) 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 review, please contact me at (301) 415-0893.

Sincerely,

/RA A. Adams for/

Geoffrey A. Wertz, Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-186 cc See Next Page DISTRIBUTION:

PUBLIC PRLB R/F RidsNrrDprPrta RidsNrrDprPrtb GWertz, NRR JEads, NRR RidsNrrDpr KHsueh, NRR AAdams, NRR ADAMS Accession No: ML15051A004 *concurrence via email NRR-088 OFFICE NRR/DPR/PRLB/PM* NRR/DPR/PRMB/RS NRR/DPR/PRLB/BC NRR/DPR/PRLB/PM*

NAME GWertz GLappert AAdams GWertz DATE 2/20/2015 2/20/2015 2/20/15 2/20/15

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