ML17221A199
| ML17221A199 | |
| Person / Time | |
|---|---|
| Site: | Northwest Medical Isotopes |
| Issue date: | 08/07/2017 |
| From: | Haass C Northwest Medical Isotopes |
| To: | Michael Balazik Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML17221A370 | List: |
| References | |
| NWMI-LTR-2017-011 | |
| Download: ML17221A199 (5) | |
Text
.:....,,*...~.... . .NWMI
. *. ~~.*.!:. NORTHWESTMEDICALISOTOPES August 7, 2017 NWMI-LTR-2017-011 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk 11555 Rockville Pike Washington, DC 20555 Mr. Michael Balazik Research and Test Reactors Branch A Division of Policy and Rulemaking Office of Nuclear Reactor Regulation
- RE: Docket No. 50-609, North~est Medical Isotopes, LLC, Transmittal of Revision 1 of Chapters 10.0, 11.0, 12.0 (including Appendices 12A, 12b, and 12C) and 14.0 and Revision 2 of Chapters 2.0, 3.0, 6.0, 7.0, 8.0, and 13.0 of NWMl-2013-021, Construction Permit Application for Radioisotope Production
References:
- 1. Northwest Medical Isotopes, LLC LetterNWMI-LTR-2015-006 to U.S. Nuclear Regulatory Commission, dated July 20, 2015, NRC Project No. 0803 -Northwest Medical Isotopes, LLC, Submittal Part 2 Construction Permit Application for a Radioisotope Production Facility (ADAMS Accession No. ML15210All4)
Dear Mr. Balazik:
Northwest Medical Isotopes, LLC (NWMI) is providing Revision 1 of Chapters 10.0, 11.0, 12.0 (including Appendices 12A, 12B, and 12C) and 14.0 and Revision 2 of Chapters 2.0, 3.0, 6.0, 7.0, 8.0, and 13.0 ofNWMI-2013-021, Construction Permit Application for Radioisotope Production The required affidavit to withhold information from public disclosure is provided in Attachment 1.
NWMI considers the information in Attachment 2 to be proprietary and requests that the attachment be withheld from public disclosure, pursuant to 10 CPR 2.390, "Public Inspections, Exemptions, Requests for Withholding."
The attachments to this letter include the following:
- Attachment 1 - The required affidavit to withhold information from public disclosure per 10 CPR2.390
- Attachment 2 - Non-public (proprietary and business sensitive) version of Chapters 2. 0, 3. 0, 6. 0, 7.0, 8.0, 10.0, 11.0, 12.0 (including Appendices 12A and 12C), and 13.0, 14.0 of NWMI-2013-021; the information is provided in hard copy
- Attachment 3 -Public (non-proprietary) version of Chapters 2.0, 3.0, 6.0, 7.0, 8.0, 10.0, 11.0, 12.0 (including Appendices 12A and 12C), and 13.0, 14.0 ofNWMI-2013-021; the information is provided in hard copy NWMI is submitting this response to the NRC in accordance with 10 CPR 50.30(b), "Oath or Affirmation," and 10 CPR 50.4, "Written Communications."
Northwest Medical Isotopes, LLC I 815 NW 9th Ave, Suite 256 I Corvallis, OR 97330
Mr. Michael Balazik Page2 I solemnly declare and affirm that the foregoing information is true and correct under the penalty of perjury.
Executed on August 7, 2017.
If you have questions, I can be reached at (509) 430-6921 or carolyn.haass@nwmedicalisotopes.com.
Sincerely, Carolyn C. Haass Chief Operating Officer cc: Mr. Alexander Adams Research and Test Reactors Branch A Office of Nuclear Reactor Regulation
.:;:.;*.:.NWM I
- *. ~~.~~:. NORTHWEST MEDICAL ISOTOPES ATTACHMENT 1 AFFIDAVIT TO WITHHOLD PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE (Pursuant to 10 CFR 2.390)
.;.... . . NWMI
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- *. ~~..~~ .". NOATHWESTMEDICAL ISOTOPES 10 CFR2.390 Affidavit of Carolyn C. Haass I, Carolyn C. Haass, hereby affirm and state as follows:
- 1. I am the Chief Operating Officer of Northwest Medical Isotopes, LLC (NWMI), and I have been authorized to execute this affidavit on behalf ofNWMI. The information contained in the enclosed document is proprietary commercial information related to NWMI becoming a domestic supplier of molybdenum-99 (99Mo ). The proprietary information (Construction Permit Application for Radioisotope Production Facility-Revision 1 of Chapters 10, 11.0, 12.0 (including Appendices 12A,12B, and 12C) and 14.0 and Revision 2 of Chapters 2.0, 3.0, 6.0, 7.0, 8.0, 13.0 ofNWMI-2013-021, Construction Permit Application for Radioisotope Production of NWMI-2013-021, Construction Permit Application for Radioisotope Production Facility, Non-Public version) includes sensitive business information created by or for NWMI. This information should be held in confidence by the U.S. Nuclear Regulatory Commission (NRC) and withheld from public disclosure.
- 2. In making this application for withholding of proprietary information of which it is the owner, NWMI believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom oflnformation Act (FOIA), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations in 10 CPR 2.390(a)(4) for trade secrets and commercial information because:
- a. This information is owned by NWMI. Specifically, information related to the target dimensions, material composition, and mass or information that would reasonably allow knowledgeable people to deduce this information and experimental results should be withheld from public disclosure. This information is considered proprietary and would significantly affect any competitive advantage that this target configuration creates.
- b. This information is of a type that is customarily held in confidence by NWMI, and there is a rational basis for doing so because the information includes sensitive business information.
- c. The information is being transmitted to the NRC voluntarily and in confidence.
- d. This information is not available in public sources and could not be gathered readily from other publicly available information.
- e. Public disclosure of this information would create substantial harm to the competitive position of NWMI by disclosing certain business decisions NWMI 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 NWMI.
- f. Public disclosure of the information sought to be withheld is likely to cause substantial harm to NWMI'S 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 NWMI's potential business, and includes substantial time and work towards developing the project by NWMI and its associates. The research, development, engineering, and analytical costs comprise a substantial investment of time and money by NWMI. The precise value of the information is difficult to quantify, but clearly is substantial.
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- g. NWMI's competitive advantage will be lost if its competitors are able to use the results of NWMI's activities to aid their own commercial activities. The value of this information to NWMI would be lost if the information was 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 significant advantage, and deprive NWMI of the opportunity to exercise its competitive advantage to seek an adequate return on a large investment.
Subscribed and sworn before me, a Notary Public, in and for the state of Colorado, this 7th day of August, 2017.
Witness my hand and Notarial Seal.
JENNIFER N CHAMBLISS Notary Public State of Colorado Notary ID 20114072977 My Commission Expires Nov 16, 2019 My commission expires://. / ~ . )J)) &J Date A1-2