ML18325A238

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Withholding Proprietary Information from Public Disclosure - Oklo Inc., Licensing Project Plan 1Q2019 Update
ML18325A238
Person / Time
Site: 99902046
Issue date: 12/10/2018
From: Mazza J
NRC/NRO/DSRA/ARPB
To: Cochran C
Oklo Inc
Mazza J, NRO/DSRA/ARPB, 415-0498
References
Download: ML18325A238 (2)


Text

December 10, 2018 Ms. Caroline Cochran Co-Founder, COO Oklo Inc.,

230 E. Caribbean Dr.

Sunnyvale, CA 94089

SUBJECT:

WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - OKLO INC., LICENSING PROJECT PLAN 1Q2019 UPDATE

Dear Ms. Cochran:

By letter dated November 31, 2018, Oklo Inc., (Oklo) submitted a letter to the U.S. Nuclear Regulatory Commission (NRC), available through the NRC Agencywide Documents Access and Management System (ADAMS) Accession No. ML18319A002 (letter), ML18319A003 (affidavit),

requesting that the information contained in the Oklo Licensing Project Plan 1Q2019 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

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 by Oklo and has been held in confidence by Oklo and its consultants.
b. The information sought to be protected is not available to the public to the best of Oklo's knowledge and belief.
c. The information is of the type that would customarily be held in confidence by Oklo policy, which holds that information is to be held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage.
d. The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.390; it is to be received in confidence by the NRC.

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.

C. Cochran 2 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, Oklo should promptly notify the NRC. Oklo 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 Oklo 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) 415-0498 or via email at jan.mazza@nrc.gov.

Sincerely,

/RA/

Jan M. Mazza, Project Manager Advanced Reactor and Policy Branch Division of Safety Systems, Risk Assessment and Advanced Reactors Office of New Reactors Docket No. 99902046

ML18325A238 *via email NRO-002 OFFICE NRO/DSRA NRO/DSRA NAME JMazza JSegala DATE 11/26/ 2018 12/10/ 2018