ML18054A202

Response to Request for Holding Information from Public Disclosure

ML18054A202
Person / Time
Site:	Aerotest
Issue date:	02/21/2018
From:	Slaughter D Aerotest
To:	Document Control Desk, Office of Nuclear Reactor Regulation
Shared Package
ML18054A141	List: ML18054A202
References
Download: ML18054A202 (5)

Text

{{#Wiki_filter:AEROTEST OPERATIONS, INC. 3455 FOSTORIA WAY

• SAN RAMON, CA 94583 * (925) 866-1212
• FAX (925) 866-1716 February 21, 2017 ATTENTION: Document Control Desk U.S. Nuclear Regulatory Commission White Flint North 11555 Rockville Pike Rockville, MD 20852-2738 AEROTEST RADIOGRAPHY AND RESEARCH REACTOR DOCKET NO. 50-228/LICENSE NO. R-98.

RESPONSE TO REQUEST FOR HOLDING INFORMATION FROM PUBLIC DISCLOSURE Ladies and Gentlemen: r Enclosed please find Aerotest's affidavits with corrected requests for a hold on proprietary information from public disclosure. This is a response to the NRC's letter dated February 2, 2018 that describes an unsatisfactory submission to identify and support Aerotest's request for confidentiality of information. Should you have any questions or require additional information regarding this submission, please contact AO President David M. Slaughter, Ph.D. at (801) 631 5919 or dmsraven@gmail.com David . Slaughter, Ph.D. President, Aerotest Operations, Inc.

Enclosures:

1.

Proprietary RAI Gen 2 Appendix A

2.

Proprietary Table 15.1, USAR Chapter 15

3.

Chapter 15, USAR

4.

AO Affidavits NOTE: Enclosures to this document contain confidential information submitted under 10 CFR 2.390(a)(4).

AFFIDAVIT I, David M. Slaughter, hereby affirm and state as follows:

1. I am the President of Aerotest Operations, Inc authorized to execute this affidavit on behalf of Aerotest Operations.

2. The information contained in document entitled "Appendix A: Description of Aerotest Operations' Activities" found in the Aerotest RAI response dated December 20 2017.

The proprietary information includes sensitive business information related to Aerotest Operations. This information should be held in confidence by the NRC and withheld from public disclosure.

3. In making this application for withholding of proprietary information of which it is the Aerotest President believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information At ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CPR 2.390(a)(4) for trade secrets and commercial information because:

1.

This information is and has been held in confidence by Aerotest Operations.

11.

This information is of a type that is customarily held in confidence by Aerotest, and there is a rational basis for doing so because the information includes sensitive business information pertaining to the strategic nature of research, development and investigative services. 111. The information is being transmitted to the NRC in confidence. 1v. 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 Aerotest by disclosing certain business decisions Aerotest 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 addif. al, significant cost to Aerotest. \\ Subscribed and sworn before me, a Notary Public, in and for the State of California, this~y of February 2018. Witness my hand ana Notarial Seal. Notary Public My Commission Expires: ti,) l ~ I J/0 'k) Date: -#o.aP>>J~~ ~r (j'\\vuJ- ~ J

Jurat Certificate California only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Countyof __ c-*~~~~~~r°'-~*~\\,-~~-~- 1 ' t~ Subscribed and sworn to (or affirmed) before me on this _1:Q""-------------------------- pmved to me on the bas;s of sat;sfactmy ev;dence to be the pe,son(s) ~~efore me. Place Seal Here Signature _'.i_,_...~.__---,---,,,__..--------------

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SAIVANI AAVIKUMAR ~ COMMISSION #2178148 § ~ NOTARY PUBLIC

• CALIFORNIA

-u CONTRA COSTA COUNTY ~ My f:omrnission Expires December 18, 2020 5 "~ ~. "t* r th* I If IP! '.l !! !'! !!fl. l'! li"I' 11111 I l'J CHU tH:11 llrlll'D" Description of Attached Document ~ ype or T;tle of Document =%~~t Document Date Signer(s) Other Than Named Above DSG 3018 CA (Rev 02-2/15) Number of Pages I

AFFIDAVIT I, David M. Slaughter, hereby affirm and state as follows:

1. I am the President of Aerotest Operations, Inc authorized to execute this affidavit on behalf of Aerotest Operations.

2. The information contained in Table 15.1 in its entirety found in Chapter 15, USAR dated 2017. The proprietary information includes sensitive business information related to Aerotest Operations. This information should be held in confidence by the NRC and withheld from public disclosure.

3. In making this application for withholding of proprietary information of which it is the Aerotest President believes that the information qualifies for withholding under the exemption from disclosure set forth in the Freedom of Information At ("FOIA"), 5 U.S.C. Section 552(b)(4), the Trade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 2.390(a)(4) for trade secrets and commercial information because:

1.

This information is and has been held in confidence by Aerotest Operations. ii. This information is of a type that is customarily held in confidence by Aerotest, and there is a rational basis for doing so because the information includes sensitive business information pertaining to the strategic nature of research, development and investigative services. iii. The information is being transmitted to the NRC in confidence. 1v. 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 Aerotest by disclosing certain business decisions Aerotest 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 Aerotest. David M. Slaughter ,t:::_ Subscribed and sworn before me, a Notary Public, in and for the State of California, this JJ2 _ _lday of February 2018. Witness my hand and Notarial Seal. My Commission Expires: l t-'/ tr/ 7-0~ pi-~~.. ~

Jurat Certificate CaHfornia only A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. - State of California ;1 .--t,-Vn.. c~ ~ County of -----'C~KSYJC--..,-'--'1--'--' \\'l',_ v '-----=0-~------------------- q= l~ Subscribed and sworn to (or affirmed) before me on this ~oLV~~--------------------- day ot+f~o~y ~~of >--{ ~.. ~*~ proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Place Seal Here s;gnaMe ~~ Description of Attached Document Type or Title of Document I Document Date Number of Pages. I Signer(s) Other Than Named Above DSG 3018 CA (Rev 02-2/lSr}}