ML19254E017
| ML19254E017 | |
| Person / Time | |
|---|---|
| Site: | 99902071 |
| Issue date: | 09/17/2019 |
| From: | Vechioli-Feliciano L Office of New Reactors |
| To: | Bowers H X-Energy |
| Vechioli L, NRO/DAR/ARPB,415-6035 | |
| References | |
| Download: ML19254E017 (3) | |
Text
September 17, 2019 Harlan Bowers President X-Energy, LLC 801 Thompson Avenue Rockville, MD 20852
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - REVISION OF REGULATORY ENGAGEMENT PLAN FOR X-ENERGYS XE-100 REACTOR
Dear Mr. Bowers:
On June 28, 2019, X-Energy, LLC (X-Energy), submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC), available through the NRC Agencywide Documents Access and Management System at Accession No. ML19177A400, requesting that the agency withhold the information contained in the following document from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding:
Revised Regulatory Engagement Plan for X-Energys Xe-100 Reactor The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- The information sought to be withheld from public disclosure is owned and has been held in confidence by X-Energy.
- The information is not available to the public.
- The information is of the type that X-Energy customarily holds in confidence. The information X-Energy is requesting to withhold from public disclosure includes commercial information related to ongoing and planned activities associated with the Xe-100 high-temperature gas pebble bed advanced reactor design. Limiting access to this information will maintain confidentiality.
- Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of X-Energy because it would reveal valuable business information about X-Energys competitive expectations, assumptions, current position, and strategy.
- X-Energy is transmitting the information to the Commission in confidence, and, under the provisions of 10 CFR 2.390, the Commission is to receive it in confidence.
The NRC staff has reviewed the affidavit and the subject material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
H. Bowers 2 Therefore, NRC staff agrees to withhold this document its entirety from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. However, while the NRC staff has agreed to broadly withhold and protect this information based on its preliminary nature and use to support pre-application interactions, the NRC staff is not acknowledging that all information withheld is proprietary. The NRC staff is only acknowledging that preparation of more specific redactions within a public version of the document would be of no value to the public due to the extent of the proprietary information included. When requesting the withholding of information in future submittals, X-Energy should discuss expectations for more specific redactions and preparation of public versions of submittals with the NRC staff. X-Energy should also consider the requirements in 10 CFR 2.390 and guidance in LIC-204, Handling Requests to Withhold Proprietary Information from Public Disclosure (ADAMS Accession No. ML062200530) when preparing documents containing proprietary information.
Withholding the submittals from public inspection will not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC may send copies of the information to its consultants working in this area. The NRC 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, X-Energy should promptly notify the NRC. X-Energy 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 X-Energy 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.
If you have any questions about this matter, please contact me at (301) 415-6035 or via e-mail to Lucieann.VechioliFeliciano@nrc.gov.
Sincerely,
/RA/
Lucieann Vechioli, Project Manager Advanced Reactor Licensing Branch Division of Advanced Reactors Office of New Reactors Project No. 99902071
H. Bowers 3
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSUREREVISION OF REGULATORY ENGAGEMENT PLAN FOR X-ENERGYS XE-100 REACTOR. DATED September 17, 2019 DISTRIBUTION:
Public SLynch LVechioli RidsNroDar Resource RidsNroDarArlb Resource RidsOgcMailCenter Resource ADAMS ACCESSION No.: ML19254E017 *via email NRO-002 OFFICE NRO/DAR NRO/DAR NAME LVechioli* SLynch DATE 09/11/2019 09/17/2019 OFFICIAL RECORD COPY