ML16188A054

From kanterella
Jump to navigation Jump to search

Request for Withholding Information from Public Disclosure for the Aerotest Radiography and Research Reactor
ML16188A054
Person / Time
Site: Aerotest
Issue date: 07/06/2016
From: Traiforos S
NRC/NRR/DPR/PRLB
To: Nellis A
Aerotest
Helvenston E, NRR/DPR, 301-415-4067
References
TAC MF6254
Download: ML16188A054 (4)


Text

July 6, 2016 Mr. Anthony Nellis President, Aerotest Operations, Inc.

Vice President, Legal Americas, Autoliv ASP, Inc.

1320 Pacific Drive Auburn Hills, MI 48326

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE AEROTEST RADIOGRAPHY AND RESEARCH REACTOR (TAC NO. MF6254)

Dear Mr. Nellis:

By letter dated June 15, 2016 (Agencywide Documents Access and Management Systems (ADAMS) Accession No. ML16175A583), you submitted an affidavit executed by yourself, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

Consolidated Financial Statements, Autoliv ASP, Inc. (Autoliv) for the years ending December 31, 2015 and 2014 Draft Chief Financial Officer letter, including parent company guarantee financial test A nonproprietary (redacted) copy of the Draft Chief Financial Officer letter has been placed in the U.S. Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the NRC Library (ADAMS Accession No. ML16175A583). Since you requested that the Consolidated Financial Statements be withheld in their entirety, no nonproprietary copy of this document has been made publicly available.

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 held in confidence by Autoliv.

ii.

This information is of a type that is customarily held in confidence by Autoliv, and there is a rational basis for doing so because the information includes sensitive business information pertaining to the financial condition of Autoliv.

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 Autoliv by disclosing certain business information that is not available to Autolivs customers and competitors.

vi.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to Autolivs competitive position. The precise value of the information is difficult to quantify, but clearly is substantial.

A. Nellis vii.

Autoliv competitive advantage will be lost if its competitors are able to use Autolivs financial informatio [sic] their own commercial activities. The value of this information to Autoliv would be lost if the information were disclosed to the public.

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 matter, please contact Edward Helvenston at 301-415-4067, or by electronic mail at Edward.Helvenston@nrc.gov.

Sincerely,

/RA/

Spyros A. Traiforos, Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 cc: See next page

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 Jay E. Silberg Pillsbury Winthrop Shaw Pittman LLP 1200 Seventeenth Street, NW Washington, DC 20036-3006

ML16188A054

  • concurrence via e-mail NRR-088 OFFICE NRR/PRLB/PM*

NRR/PRLB/PM*

NRR/PRLB/LA*

NRR/PRLB/BC NRR/PRLB/PM NAME EHelvenston STraiforos NParker AAdams STraiforos DATE 7/6/2016 7/6/2016 7/6/16 7/6/2016 7/6/2016