ML18010A562

Aerotest Radiography and Research Reactor - Request for Withholding Information from Public Disclosure

ML18010A562
Person / Time
Site:	Aerotest
Issue date:	02/02/2018
From:	Edward Helvenston Research and Test Reactors Licensing Projects Branch
To:	Slaughter D Aerotest
Helvenston E, NRR/DLP, 415-4067
References
CAC 000955, EPID L-2017-RNW-0027
Download: ML18010A562 (4)

Text

February 2, 2018 Dr. David M. Slaughter, President and Reactor Administrator Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST RADIOGRAPHY AND RESEARCH REACTOR - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC/DOCKET/EPID NO. 000955/05000228/L-2017-RNW-0027)

Dear Dr. Slaughter:

By letter dated December 20, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17363A303), Aerotest Operations, Inc. (Aerotest) submitted a response to the U.S. Nuclear Regulatory Commission (NRC) staffs letter dated October 24, 2017 (ADAMS Accession No. ML17277B261), which requested additional information regarding Aerotests application for license renewal dated February 28, 2005 (ADAMS Accession No. ML13120A434). Aerotests December 20, 2017, response included an affidavit, executed by you, which requested that proprietary financial information included in the response be considered confidential information submitted under Title 10 of the Code of Federal Regulations (10 CFR) 9.17, Agency records exempt from public disclosure, Section 9.17(a)(4),

and consequently be withheld from public disclosure. Aerotests December 20, 2017, letter indicated that the documents it considers to be proprietary are Enclosure 5 (Appendix A to response to request for additional information (RAI) No. 2) and Enclosure 6 (non-public version of safety analysis report (SAR) Chapter 15) to its letter.

The regulations in 10 CFR 2.390, Public inspections, exemptions, requests for withholding, include requirements related to submissions to the NRC for which withholding from public disclosure is requested. Specifically, 10 CFR 2.390(b) contains procedures, including document marking and affidavit requirements, which must be followed by anyone submitting a document to the NRC who seeks to have the document, or a portion of it, withheld from public disclosure because it contains trade secrets, privileged, or confidential commercial or financial information.

The NRC staff has reviewed your application and affidavit in accordance with the requirements of 10 CFR 2.390. The NRC staff has concluded that insufficient justification was provided to determine that all of the information sought to be withheld from public disclosure was proprietary information.

The NRC staff noted that the marking of the documents sought to be withheld from public disclosure does not clearly indicate that the information in the documents is proprietary information withheld from public disclosure under 10 CFR 2.390, in accordance with the marking requirements in 10 CFR 2.390(b)(1)(i). The NRC staff noted that the affidavit requests withholding under 10 CFR 9.17(a)(4), rather than 10 CFR 2.390. Additionally, the NRC staff

noted that the affidavit does not appear to identify the document or part to be withheld, in accordance with 10 CFR 2.390(b)(1)(ii)(A); include a specific statement of the harm that would result if the information sought to be withheld is disclosed to the public, in accordance with 10 CFR 2.390(b)(1)(ii)(D); or indicate the location(s) in the document of all information sought to be withheld, in accordance with 10 CFR 2.390(b)(1)(ii)(E).

The NRC staff notes that, in accordance with 10 CFR 2.390(b)(1)(iii), if the affidavit accompanying a withholding request is based on 10 CFR 2.390(a)(4), which allows withholding of privileged or confidential trade secrets and commercial or financial information, the affidavit must contain a full statement of the reason for claiming the information should be withheld from public disclosure. This statement must address with specificity the considerations listed in 10 CFR 2.390(b)(4). The affidavit states that the information to be withheld from disclosure is proprietary financial information, but does not appear to include a full statement of the reasons why the information should be withheld, as required by 10 CFR 2.390(b)(1)(iii).

In accordance with 10 CFR 2.390(b)(4), in order to make a determination that information is a trade secret or confidential or privileged commercial or financial information, and should be withheld from public disclosure, the NRC will consider, in part, whether the information is available in public sources. The NRC staff notes that certain financial information that is designated as confidential (redacted) in SAR Chapter 15 had previously been provided to the NRC as public information during its review of Aerotests license transfer application.

Specifically, Aerotests license transfer application supplements dated April 21, 2016 (ADAMS Accession No. ML16117A259), and October 10, 2016 (ADAMS Accession No. ML16294A250),

provided certain publicly-available financial information, and by electronic mail dated November 2, 2016 (ADAMS Accession No. ML16312A345), Aerotest stated that certain other financial information, which had previously been non-public, could be made publicly available.

As such, the NRC staff has concluded that the information sought to be withheld from public disclosure does not meet the requirements of 10 CFR 2.390. Please respond within 30 days of the receipt of this letter to inform the staff of your plans for revising your RAI response and request for withholding proprietary information, to resolve the identified deficiencies as described above.

If you have any questions regarding this review, please contact me at (301) 415-4067 or by electronic mail at Edward.Helvenston@nrc.gov.

Sincerely,

/RA/

Edward Helvenston, Project Manager Research and Test Reactors Licensing Branch Division of Licensing Projects Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

Aerotest Operations, Inc.

Docket No. 50-228 cc:

Sandra 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 P.O. Box 118300 University of Florida Gainesville, FL 32611

ML18010A562

• concurred via email OFFICE NRR/DLP/PRLB/PM*

NRR/DLP/PROB/LA*

NRR/DLP/PRLB/BC NAME EHelvenston NParker AAdams DATE 1/16/18 1/16/18 1/19/18 OFFICE OGC/NLO*

NRR/DLP/PRLB/PM NAME CMullins EHelvenston DATE 2/1/18 2/2/18