ML19050A404
| ML19050A404 | |
| Person / Time | |
|---|---|
| Site: | 07109383 |
| Issue date: | 02/12/2019 |
| From: | Klappert S, Noring R Govt of Germany, Gessellschaft fur Nuklear-Service (GNS) mbH |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML19050A441 | List: |
| References | |
| Download: ML19050A404 (4) | |
Text
GNS Gesellschaft fur Nuklear-Service mbH
- Postfach 10 12 53
- 45012 Essen Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 cc: Bernhard H. White, Project Manager, NMSS/DSFM/SFLB (via email)
Richard Goorevich, Director of Governmental Affairs, URENCO Ltd (via email)
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Our reference:
V113-007-RN Contact person:
Dr. R. Noring Phone:
+49 (0)201/ 109-1721 Fax:
+49 (0)201 / 109-1186 Email:
Date:
rainer.noering@gns.de 12.02.2019 Request for Non-Public Portion of Meeting Planned for February 21, 2019 and Request to Withhold Proprietary Handouts to be used at the Meeting GNS Group ("GNS"), through Mr. Richard Goorevich, contacted Mr. Bernhard H. White, Project Manager, NMSS/DSFM/SFLB regarding a planned meeting on February 21, 2019 between GNS and Nuclear Regulatory Commission ("NRC") staff to discuss GNS's application for approval of it CASTOR geo69 transportation package. As detailed in the attached affidavit, Enclosure 1, certain slides to be used during the presentation contain proprietary information exempt from public disclosure pursuant to 10 C.F.R. 2.390(a)(4), as they contain trade secrets and/or commercial or financial information held in confidence by GNS. Therefore, by this letter, GNS requests that the slides designated as proprietary be withheld from public disclosure and that the February 21, 2019 meeting be separated into a public and non-public portion. During the requested non-public portion of the meeting, GNS will discuss the slides designated as proprietary.
To support this request, GNS includes the following: (1) Enclosure 1, the affidavit of Dr. Hannes Wimmer, Chief Executive Officer and Dr.-lng. Sascha Klappert, Divisional Director Engineering Services supporting GNS's request to withhold certain presentation slides from public disclosure; (2) Enclosure 2, a redacted set of presentation slides that will be used during the public portion of the February 21, 2019 meeting; and (3) Enclosure 3, an unredacted set of presentation slides which contain the proprietary information to be discussed during the non-public portion of the February 21, 2019 meeting.
Communication with regard to the requests made in this letter should be directed to Mr.
Richard Goorevich at 703-682-5211 (work phone),
240-848-0901 (cell phone),
or Richard.Goorevich@Urenco.com.
Sincerely, GNS Gesellschaft fUr Nuklear-Service mbH
... ~--
ofg: Sascha" I ppert Dr. Rai Attachments:, Affidavit of Dr. Hannes Wimmer and Dr.-lng. Sascha Kia, Redacted Presentation Slides, Unredacted Presentation Slides GNS Gesellschaft fur Nuklear-Service mbH Frohnhauser StraBe 67 45127 Essen Telefon +49 201 109-0 Telefax +49 201 109-1100 www.gns.de HRB Essen 11213 Commerzbank AG, Essen IBAN DE17 3604 0039 0124 3237 00, BIC COBADEFF Bayerische Landesbank Dusseldorf IBAN DESS 7005 0000 0004 3662 43, BIC BYLADEMM US!-ldNr. DE 171892160, Steuer-Nr. 111/5714/1234 Vorsitzender des Aufsichtsrates: Dr. Guido Knott Geschaftsfuhrer:
Dr. Hannes Wimmer (Vorsitzender)
Georg Both Dr.-lng. Jens Schroder
@GNS ENCLOSURE 1 10 C.F.R. 2.390 Supporting Affidavit of Dr. Hannes Wimmer Chief Executive Officer and Dr.-lng. Sascha Klappert Divisional Director Engineering Services GNS Gesellschaft for Nuklear-Service mbH
GNS GESELLSCHAFT FUR NUKLEAR-SERVICE MBH 10 C.F.R. 2.390 AFFIDAVIT OF DR. HANNES WIMMER AND DR.-ING. SASCHA KLAPPERT AFFIDAVIT We, Dr. Hannes WIMMER, and Dr.-lng. Sascha KLAPPERT, hereby affirm and state as follows:
(1)
I, Dr. Hannes WIMMER, am the Chief Executive Officer of GNS Gesellschaft fur Nuklear-Service mbH, a company duly organized under the German Law, having its seat at Frohnhauser Strasse 67, 45127 Essen, Germany, and I have been authorized to execute this affidavit on behalf of GNS.
(2)
I, Dr.-lng. Sascha KLAPPERT, am the Divisional Director Engineering Services of GNS Gesell-schaft fur Nuklear-Service mbH, a company duly organized under the German Law, having its seat at Frohnhauser Strasse 67, 45127 Essen, Germany, and I have been authorized to exe-cute this affidavit on behalf of GNS.
(3)
By the letter accompanying this Affidavit, GNS Gesellschaft fOr Nuklear-Service mbH ("GNS") is submitting to the NRC proprietary slides to be used during a meeting scheduled for February 21, 2019 with the NRC staff to discuss GNS's application for approval of its CASTOR geo69 trans-portation package. These proprietary slides are included among non-proprietary slides, but are marked as "Proprietary Information". In addition, in accordance with our responsibilities, we have reviewed the contents of the marked slides and have determined that these documents contain information proprietary to GNS. Accordingly, the proprietary slides should be withheld from public disclosure pursuant to 10 C.F.R. 2.390.
(3)
In making this application for withholding of proprietary information of which it is the owner, GNS believes that the information contained in the slides qualifies for withholding under the ex-emption from disclosure set forth in 1 O C.F.R. 2.390(a)(4) for trade secrets and commercial or financial information.
(4)
The information identified as proprietary has in the past been, and will continue to be, held in confidence by GNS and its disclosure outside the company is limited to regulatory bodies and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.
N (5)
The basis for withholding the proprietary meeting slides are several-fold. First, the information was developed at a significant expenditure of time and resources by GNS. Providing public ac-cess to such information could permit competitors to duplicate the documents without incurring the associated costs. Second, the information reveals distinguishing aspects of GNS's com-mercial strategies and, thus, disclosure of the information would have a negative impact on GNS because of a loss of competitive advantage over other companies. The slides sought to be withheld are Slides numbers 30, 31, 35, 36, 37, 53, and 63 which are submitted to the NRC by the letter accompanying this Affidavit.
(6)
The referenced information is being furnished to the NRC in confidence and solely for the pur-pose of information and review by the NRC staff.
(7)
The referenced information is not available in public sources and could not be gathered readily from other publicly available information.
Accordingly, GNS requests that the marked, proprietary meeting slides be withheld from public disclo-sure pursuant to 10 C.F.R. 2.390(a)(4).
As permitted by 28 U.S.C. 1746, we declare under penalty of perjury that the foregoing is true and cor-rect.
Executed on February 12, 2019.
Dr. Ha~~ ~M:ER ___, J V