ML18102B053
| ML18102B053 | |
| Person / Time | |
|---|---|
| Issue date: | 04/19/2018 |
| From: | William F NRC/NRO/DSRA/ARPB |
| To: | Hastings P Kairos Power |
| Williams F | |
| References | |
| RIS 2017-008 | |
| Download: ML18102B053 (3) | |
See also: RIS 2017-08
Text
April 19, 2018
Peter Hastings
Vice President, Regulatory Affairs and Quality
Kairos Power LLC
580 2nd Street, Suite 290
Oakland, California 94607
SUBJECT: WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC
DISCLOSURE - KAIROS POWER LLC RESPONSE TO REGULATORY
ISSUE SUMMARY 2017-08, PROCESS FOR SCHEDULING AND
ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022
FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-
WATER REACTORS AND NON-LIGHT WATER REACTORS
Dear Mr. Hastings:
On March 14, 2018, Kairos Power, LLC (Kairos) submitted an affidavit to the U.S. Nuclear
Regulatory Commission (NRC) available through the NRC Agencywide Documents Access and
Management System (ADAMS) Accession No. ML18075A353 requesting the information
contained in the following document be withheld from public disclosure pursuant to Title 10 of
the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
Kairos Power LLC Proprietary Response to Regulatory Issue Summary 2017-08,
ADAMS Accession No. ML18075A354.
The affidavit stated the submitted information should be considered exempt from mandatory
public disclosure because:
a. The information sought to be withheld from public disclosure is owned and has been
held in confidence by Kairos.
b. The information is of a type customarily held in confidence by Kairos and not customarily
disclosed to the public. Kairos has a rational basis for determining the types of
information customarily held in confidence by it and, in that connection, utilizes a system
to determine when and whether to hold certain types of information in confidence. The
application of that system and the substance of that system constitute Kairos policy and
provide the rational basis required.
c. The information is being transmitted to the Commission in confidence and, under the
provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
d. This information is not readily available in public sources.
P. Hastings 2
e. Public disclosure of this proprietary information is likely to cause substantial harm to the
competitive position of Kairos, because it would enhance the ability of competitors to
provide similar products and services by reducing their expenditure of resources using
similar project methods, equipment, testing approach, contractors, or licensing
approaches. This information is the result of considerable expense to Kairos and has
great value in that it will assist Kairos in providing products and services to new,
expanding markets not currently served by the company.
f. The information could reveal or could be used to infer price information, cost information,
budget levels, or commercial strategies of Kairos.
g. Each component of proprietary information pertinent to a particular competitive
advantage is potentially as valuable as the total competitive advantage. If competitors
acquire components of proprietary information, any one component may be the key to
the entire puzzle, thereby depriving Kairos of a competitive advantage.
h. Unrestricted disclosure would jeopardize the position of Kairos in the world market, and
hereby give a market advantage to the competition in those countries.
We have reviewed the affidavit 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, the versions 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 will not affect the right, if any, of persons properly and
directly concerned to inspect the documents. If the need arises, NRC may send copies of the
information to our consultants working in this area. We will 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, Kairos should
promptly notify the NRC. Kairos 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 Kairos 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) 415-1470 or via
email at joseph.williams@nrc.gov.
Sincerely,
/RA/
Joseph F. Williams, Senior Project Manager
Advanced Reactor and Policy Branch
Division of Safety Systems, Risk Assessment, and
Advanced Reactors
Office of New Reactors
P. Hasting 3
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - KAIROS
POWER LLC RESPONSE TO REGULATORY ISSUE SUMMARY 2017-08, PROCESS FOR
SCHEDULING AND ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022
FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-WATER REACTORS
AND NON-LIGHT WATER REACTORS
DISTRIBUTION:
Public
RidsNroDsra Resource
RidsNroDsraArpb Resource
RidsOgcMailCenter Resource
ADAMS ACCESSION No.:ML18102B053 NRO-002
OFFICE NRO/DSRA NRO/DSRA
NAME JWilliams JSegala
DATE 04/12/18 04/19/18
OFFICIAL RECORD COPY