ML17310A101

Request for Withholding Information from Public Disclosure

ML17310A101
Person / Time
Site:	Vogtle
Issue date:	11/08/2017
From:	Michael Orenak Plant Licensing Branch II
To:	Hutto J Southern Nuclear Operating Co
Orenak, M D, NRR/DORL/LPLII-1, 415-3229
References
EPID L-2017-LRM-0044
Download: ML17310A101 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 8, 2017 Mr. James J. Hutto Regulatory Affairs Director Southern Nuclear Operating Company, Inc.

P.O. Box 1295 I Bin 038 Birmingham, AL 35201-1295

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR VOGTLE ELECTRIC GENERATING PLANT, UNITS 1 AND 2 (EPID L-2017-LRM-0044)

Dear Mr. Hutto:

By letter dated November 3, 2017 (Agencywide Documents Access Management System Accession No. ML17311A158), you submitted an affidavit dated October 31, 2017, executed by Cesare Frepoli of FPoliSolutions, LLC, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 O CFR), Part 2, Section 2.390:

PROPRIETARY INFORMATION- Slides for November 14th Non-Public Meeting A public version of the slide package is not available because it is considered proprietary in its entirety. The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

• [ ... ]the information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence by FPoliSolutions, LLC, and is in fact so held. The information sought to be withheld has, to, the best of my knowledge and belief, consistently been held in confidence by FPoliSolutions, LLC, no public disclosure has been made, and it is not available in public sources ...

• Public disclosure of the information sought to be withheld is likely to cause substantial harm to FPoliSolutions' competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of FPoliSolutions' comprehensive safety analysis technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.

• The research, development, engineering, analytical, and NRC review costs comprise a substantial investment of time and money by FPoliSolutions, LLC.

J. Hutto 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, Enclosure 3, "PROPRIETARY INFORMATION-Slides for November 14th Non-Public Meeting," 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 Nuclear Regulatory Commission. 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 me at (301) 415-3229 or Michael. Orenak@nrc.gov.

Sincerely, Michael Orenak, Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-424 and 50-425 cc: Cesare Frepoli President FPoliSolutions, LLC 450 William Pitt Way Pittsburgh, PA 15238 Listserv

ML17310A101 OFFICE NRR/DORL/LPL2-1/PM NRR/DORL/LPL2-1 /LA NRR/DSS/SRXB/BC N RR/DSS/SN PB/BC NAME MOrenak KGoldstein EOesterle Blukes DATE 11/06/2017 11/06/2017 11/06/2017 11/06/2017 OFFICE NRO/DCIP/QVIB1/BC NRR/DORL/LPL2-1/BC N RR/DORL/LPL2-1 /PM NAME TJackson MMarkley MOrenak DATE 11/07/2017 11/07/2017 11/08/2017