ML15232A226

University of Missouri - Columbia - Transmittal of Corrected Affidavit to the June 20, 2015, Request to Amend the Technical Specification

ML15232A226
Person / Time
Site:	University of Missouri-Columbia
Issue date:	08/18/2015
From:	Rhonda Butler Univ of Missouri - Columbia
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML15232A226 (3)

Text

UNIVERSITY of MISSOURI RESEARCH REACTOR CENTER August 18, 2015 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Mail Station P1-37 Washington, DC 20555-000 1

Reference:

Docket 50-186 University of Missouri-Columbia Research Reactor Amended Facility License No. R-103

Subject:

Written communication as specified by 10 CFR 50.4(b)(1) requesting U.S.

Nuclear Regulatory Commission approval to amend the Technical Specifications appended to Amended Facility License No. R-103 pursuant to 10 CFR 50.59(c) and 10 CFR 50.90 By letter dated July 20, 2015, the University of Missouri-Columbia Research Reactor (MURR) submitted a request to amend the Technical Specifications appended to Amended Facility License No. R-103 pursuant to 10 CFR 50.59(c) and 10 CFR 50.90. Two versions of the request were included: one version which contained proprietary information that we requested be withheld from public disclosure per 10 CFR 2.390 while the second was a redacted version that could be disclosed to the public. An affidavit, dated July 20, 2015, was attached which explained the reasoning for this request. A typographical error was later noted on the affidavit. Attached is the correct affidavit, dated August 18, 2015. Please use the attached affidavit in lieu of the affidavit dated July 20, 2015.

If you have any questions, please contact me at (573) 882-5271.

Sincerely, Ralph A. Butler, P.E.

Director RAB/jlb /*

Enclosures ],[*-

1513 Research Park Drive Columbia, MO 65211 Phone: 573-882-4211 Fax: 573-882-6360 Web: www.murr.missouri.edu Fighting Cancer with Tomorrow 's Technology

UNIVERSITY of MISSOURI RESEARCH REACTOR CENTER 10 CFR 2.390 AFFIDAVIT OF RALPH A. BUTLER AFFI DAVIT I, Ralph A. Butler, herby affirm and state as follows:

(1) I am the Executive Director, of University of Missouri Research Reactor (MURR), and I have been authorized to execute this affidavit on behalf of MURR.

(2) The information contained in the enclosed letter, dated July 20, 2015, regarding a request to amend Facility License No. R-103 contains proprietary commercial information related to MURR becoming a domestic supplier of Iodine 131. The letter is clearly labeled "Withhold from Public Disclosure Under 10 CFR 2.390." The proprietary information includes sensitive business information created by or for MURR. This information should be held in confidence by the NRC and withheld from public disclosure.

(3) In making this application for withholding of proprietary information of which it is the owner, MURR believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.390(a)(4) for trade secrets and commercial information because:

i.This information is and has been held 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 the production of 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 this information would create substantial harm to the competitive position of MURR by disclosing certain business decisions MURR has made or is considering and the analysis that went behind those decisions. Development and evaluation of this commercial information was achieved at, and disclosure could lead to additional, significant cost to MURR.

vi. Public disclosure of the information sought to be withheld is likely to cause substantial harm to MURR'S competitive position. The value of the information goes beyond the disclosure of actual information pertaining to MURR's 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 of time and money by MURR. The precise value of the information is difficult to quantify, but clearly is substantial.

vii. MURR's competitive advantage will be lost if its competitors are able to use the results of MURR's activities to aid their own commercial activities. The value of this information 1513 Research Park Drive Columbia, MO 65211 Phone: 573-882-4211 Fax: 573-882-6360 Web: www.murr.missouri.edu Fighting Cancer with Tom orrow's Technology

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.

Ralph A. Butler in and for the State of Missouri, this I*'day of /4M A t 2015.

Witness my hand and Notarial Seal.

JACQUELINE L.*BOHM Notary Public-Notary Seal STATE.O.1FMIssQURI......

Commissioned .tor.Jlowar County.

My Commission Expires: Mai~ch 26. 2019 commission # 15634308 Notar PI ~iic 3 /lQ /ZOl6 My Commission Expires:

Date