ML18004A577

Proprietary Determination Letter for GNF3 Generic Compliance Report

ML18004A577
Person / Time
Site:	PROJ0712, 99901376
Issue date:	01/22/2018
From:	Joe Golla NRC/NRR/DLP/PLPB
To:	Head J GE Hitachi Nuclear Energy
Golla J
References
Download: ML18004A577 (4)

Text

January 22, 2018 Mr. Jerald G. Head Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy P.O. Box 780 M/C A-18 Wilmington, NC 28401

SUBJECT:

GLOBAL NUCLEAR FUEL - AMERICAS, LLC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Head:

By letter dated December 1, 2017 (Letter No. M170262, Agencywide Documents Access and Management System (ADAMS) Accession No. ML17335A436), an affidavit dated December 1, 2017, was executed and submitted by Dr. Brian R. Moore, General Manager, Core & Fuel Engineering, Global Nuclear Fuel - Americas, LLC. (GNF-A), requesting that the information contained in GNF-A proprietary report, NEDC-33879P, Revision 1, GNF3 Generic Compliance with NEDE-24011-P-A (GESTAR II), December 2017, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and is available in ADAMS at Accession No. ML17335A441.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because it is:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

J. Head Therefore, the version 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, I may be reached at 301-415-1002.

Sincerely,

/RA/

Joseph A. Golla, Project Manager Licensing Processes Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 99901376 cc: See next page

ML18004A577; *concurred via e-mail NRR-106 OFFICE NRR/DLP/PLPB NRR/DLP/PLPB* NRR/DSS NRR/DLP/PLPB NRR/DLP/PLPB NAME JGolla DHarrison RLukes DMorey JGolla DATE 1/18/2018 1/11/2018 1/19/2018 1/22/2018 1/22/2018 GE-Hitachi Nuclear Energy Americas Docket No. 99901376 cc:

Dr. Brian R. Moore General Manager, Core & Fuel Engineering Global Nuclear Fuel - Americas, LLC P.O. Box 780, M/C A-75 Wilmington, NC 28401-0780 Brian.moore@gnf.com Mr. James F. Harrison GE-Hitachi Nuclear Energy Americas LLC Vice President - Fuel Licensing P.O. Box 780, M/C A-55 Wilmington, NC 28401-0780 james.harrison@ge.com Ms. Patricia L. Campbell Vice President, Washington Regulatory Affairs GE-Hitachi Nuclear Energy Americas LLC 1299 Pennsylvania Avenue, NW 9th Floor Washington, DC 20004 patriciaL.campbell@ge.com