ML18065B006
| ML18065B006 | |
| Person / Time | |
|---|---|
| Site: | 07201004 |
| Issue date: | 05/11/2018 |
| From: | Meraj Rahimi NRC/NMSS/DSFM/IOB |
| To: | Bondre J Orano USA |
| Love E | |
| References | |
| LR721004-1586 Rev. 0 | |
| Download: ML18065B006 (3) | |
Text
March 11, 2018 Mr. Jayant Bondre Chief Technical Officer ORANO Columbia Office 7135 Minstrel Way Columbia, MD 21045
SUBJECT:
APPROVAL OF ORANO REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE - INFORMATION REGARDING THE U.S. NUCLEAR REGULATORY COMMISSION JULY 19, 2017 INSPECTION OF TNS EVALUATION NO. LR721004-1586, REVISION O
Dear Mr. Bondre:
By letter dated January 31, 2018, you submitted an affidavit requesting that the certain information contained in the document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390.
The affidavit states that the submittal includes proprietary information, which may not be used for any purpose other than to support the U.S. Nuclear Regulatory Commission (NRC) staff review and that the submitted information should be considered exempt from mandatory public disclosure and that the information for which proprietary treatment is sought is contained in Enclosures 2, 3, 4, 5 and 7, as listed below:
- Prepared Binder Materials for the USNRC Inspection of TN Americas LLC in Columbia, Maryland on July 19, 2017 - Additional TN Americas LLC Information Related to the Prepared Materials for the USNRC Inspection of TN Americas LLC in Columbia, Maryland on July 19, 2017 dated July 28, 2017 - Discussion of Cause, Preventative Actions, and Corrective Actions. - Discussion of Analytical Results from the Independent Design Calculation to Assess Certain Dry Shielded Canisters Stored in the HSM-H Horizontal Storage Module - Computer Files Associated with Enclosure 5 Further, the affidavits state that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- 1)
The information sought to be withheld from public disclosure involves presentation slides, technical discussion materials, thermal analysis results discussions, and thermal analysis computer files, all containing information associated with the thermal design function of the NUHOMS dry spent fuel storage technology, plus sensitive corrective action program causal assessment and preventative and corrective action details. All of the information is owned by TN Americas LLC and this body of information has been held in confidence by TN Americas LLC.
- 2)
The information is of a type customarily held in confidence by TN Americas LLC, and not customarily disclosed to the public. TN Americas LLC has a rational basis for determining the types of information customarily held in confidence by it.
- 3)
Public disclosure of this body of information is likely to cause substantial harm to the competitive position of TN Americas LLC. The information consists of descriptions of the design and analysis of dry spent fuel storage systems, the application of which provide a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with TN Americas LLC, take marketing or other actions to improve their product's position or impair the position of TN Americas LLC's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
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.
Therefore, the version(s) 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.
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 should also 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 of the date of public disclosure in advance, which will be a reasonable time thereafter.
If you have any questions regarding this matter, you may contact Earl Love at 301-415-7011.
Sincerely,
/RA/
Meraj Rahimi, Acting Chief Inspections and Operations Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-1004
ML18065B006 C = COVER E = COVER & ENCLOSURE N = NO COPY OFC NMSS/SFM NMSS/SFM NMSS/SFM NAME ELove SFigueroa MRahimi DATE 3/6/2018 3/7/2018 5/11/2018