ML19028A058

Letter to P. Oleyar Orano Request for Withholding Information from Public Disclosure

ML19028A058
Person / Time
Site:	07109233
Issue date:	01/24/2019
From:	Allen C Spent Fuel Licensing Branch
To:	Oleyar P TN Americas LLC
Allen W
References
EPID L-2018-LLA-0495
Download: ML19028A058 (3)

Text

January 24, 2019 Mr. Paul Oleyar Vice President TN Americas LLC 7135 Minstrel Way, Suite 300 Columbia, MD 21045

SUBJECT:

ORANO REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID NO. L-2018-LLA-0495)

Dear Mr. Oleyar:

By letters dated December 4, 2018 and January 23, 2019, Orano submitted affidavits, executed by you, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

- Design Drawings

- Safety Analysis Report The affidavit stated 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 are detailed drawings and a detailed design information associated with the TN-RAM transportation package, which are owned and have been held in confidence by Orano.

(2) The information is of a type customarily held in confidence by Orano and not customarily disclosed to the public. Orano has a rational basis for determining the types of information customarily held in confidence by it.

(3) Public disclosure of the information is likely to cause substantial harm to the competitive position of Orano because the information consists of descriptions of the design of the TN-RAM transportation package, 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 Orano, take marketing or other actions to improve their product's position or impair the position of Orano's product, and avoid developing similar data.

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.

P. Oleyar 2

Therefore, 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 shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, 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, you should promptly notify the U.S. Nuclear Regulatory Commission (NRC). You 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 your 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, I may be reached at 301-415-6877.

Sincerely,

/RA/

Chris Allen, Project Manager Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 71-9233 EPID NO. L-2018-LLA-0495

ML19028A058 OFFICE:

NMSS\\DSFM NMSS\\DSFM NMSS\\DSFM NAME:

WAllen SFigueroa via e-mail BWhite for JMcKirgan DATE:

1/24/19 1/24/19 1/24/19