ML19163A216
| ML19163A216 | |
| Person / Time | |
|---|---|
| Site: | 99902046 |
| Issue date: | 07/17/2019 |
| From: | Mazza J Office of New Reactors |
| To: | Cochran C Oklo Inc |
| Mazza J ,NRO/DAR/ARLB,415-0498 | |
| Shared Package | |
| ML19197A118 | List: |
| References | |
| Download: ML19163A216 (3) | |
Text
July 17, 2019 Ms. Caroline Cochran Co-Founder, COO Oklo, Inc.
230 East Caribbean Drive Sunnyvale, CA 94089
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - SUBMITTAL OF OKLO, INC. PRESENTATION MATERIALS APRIL 9, 2019 DESIGN OVERVIEW MEETING
Dear Ms. Cochran:
By letter dated April 10, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19101A003), Oklo, Inc. (Oklo) submitted an affidavit executed by you (ADAMS Accession No. ML19101A004) to the U.S. Nuclear Regulatory Commission (NRC) 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), Section 2.390:
Presentation Slides for the Oklo Design Overview Meeting with NRC on April 9, 2019 (Proprietary - Non-Publicly Available Version) (ADAMS Accession No. ML19101A005)
(Non-Proprietary - Publicly Available Version) (ADAMS Accession No. ML19162A337).
The affidavit stated the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- 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 Oklos 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 and 2.304; it is to be received in confidence by the NRC.
The NRC staff has 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, has determined that some of the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
C. Cochran 2 Therefore, the version 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. The NRC staff 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, the NRC will follow applicable laws, regulations, and policies in conducting its review, including the NRCs policies on notifying the owner of information in advance of any public disclosure.
The NRC cannot require Oklo to submit a redacted version of a submitted document containing sensitive information, however in the absence of a redacted version the NRC will prepare a version of the document for public release. The NRC is providing its redacted version of the Oklo Presentation Slides for the Oklo Design Overview Meeting with NRC on April 9, 2019 as an enclosure to this letter.
The NRC staff will delay placing the enclosed redacted version of the Oklo Presentation Slides for the Oklo Design Overview Meeting with NRC on April 9, 2019 in the public document room for a period of 10 business days from the date of this letter to provide Oklo with the opportunity to identify any proprietary information. After 10 business days, the enclosed NRC redacted version of the Oklo Presentation Slides for the Oklo Design Overview Meeting with NRC on April 9, 2019 will be made available for public viewing through the Publicly Available Records component of NRCs ADAMS.
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 Mazza, Project Manager Advanced Reactor Licensing Branch Division of Advanced Reactors Office of New Reactors Docket No.: 99902046
Enclosure:
As stated
C. Cochran 3
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
- SUBMITTAL OF OKLO, INC. PRESENTATION MATERIALS APRIL 9, 2019 DESIGN OVERVIEW MEETING. DATED July 17, 2019 DISTRIBUTION:
Public JMazza, NRO SLynch, NRO RidsNroDarArlb Resource RidsNroOklo Resource RidsNroDsra Resource RidsOgcMailCenter Resource ADAMS ACCESSION No.: ML19197A118 (pkg) NRO-002 OFFICE NRO/DAR NRO/DAR NAME JMazza SLynch DATE 07/16/2019 07/17/2019 OFFICIAL RECORD COPY