ML19317D795

Change in Global Laser Enrichment, LLC Board of Directors and Updated Oodep

ML19317D795
Person / Time
Site:	Paducah File:Global Laser Enrichment icon.png (SNM-2019)
Issue date:	10/18/2019
From:	Jenny P GE-Hitachi Global Laser Enrichment
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards, Office of Nuclear Security and Incident Response
References
GLE-2019-0126
Download: ML19317D795 (6)

Text

.

.. G.LQBAL.

Laser Enrichment Securlty~Related, Proprietary, and Personally Iden~ble Information Notice

• nus letter forwards Secunty-Related, Propnetary, and Personally lclenbhable Information.which must be wrthheld from pubhc dlsciosure in accordance wrth 10CFR 2 390 and RIS 2005-31. The cover letter may be decontrolled when 8808 rated from ttie enclosures GLE-2019-0126*

October 18, 2019 Attn: Document Control Desk Director, Division of $ecurify Operations.

Office"'of r-,Juclear Security*and Incident Response U.S. Nuclear Regulatory Commission Washington, D.C'. 20555-0001" :

• Global Laser Enrichment Pat Jenny

Sea.irity/Licensing Manger 3901 Castle Hayne Road.

W1u:nington, NC 28402-0780 USA.

T 910 819 7447

• F 91.0 819 5731 C 910 200-0744 pat 1enny@ge com

Docket 70-7016' SNM-2019

Subject:

Change in Global Laser,Enrichment, LLC Board of Direct~rs and

Updated* CODE~ :

. Pursuant to 10 QFR 95.17(a)(~ ), GE-Hitachi Glob~I Laser.Enrichment, LLC (GLE), as a licensee under Docket 70-7016,* SNM-2019*, is notifying the NRG of changes to its Board of Directors and subsequent: amendment to its *owner.., Officer; Directors,. and Executive, Personnel list which is. ~upporting information for its ror~ign ownership, control, or

.,i.nfluence (FOCI) information: submittat supporting the NRC facility *dearance (FCL) gra~ted to GLE; The folloWing changes were effective dctober'9, 2019:

1)

Lance Hall has resigned as Voting member, ~nd Chairman of the J3oard

2)

• Bqbbie Lockwood has resigned as CFO

3) Steve Long js appointed as voting member on the Board

4) Ashley Champion is appointed as CFO

• 5) :Jay Wileman is appointed Chairman of the *Bo*ard.

~.-All personnel 'involved are US citizens.

Enclosures 1 and 2.contain Security.Related Information (SRI) and Personally Identifiable.

Information. l)sjr:ig *the guidance ir:1' NRG Regulatory Issue Summary (RIS) 2005-31 and 1 OCFR2:390, these Encl9sures have been marked accordingly.'

If there are any questions regarding this letter and its contents, please do*not hesitate to contact me at 910-819-7447 or at pat.jenny@ge.co.m.

Enclosures:

1. GL,.E OODEP --Security Related lrifonnation and Personally Identifiable lnfonnation

2. GLE Board Resolutions - Security Related lnfonnation and Personally Identifiable Information

3. Owens Affidavit Cc: M. Bartlett (NMSS) NRC D. Hase (NSIR) NRC K. Everly(NSIR) NRC L. Pitts (RII) NRC Globel laoef' En nct,nent

~-2019 Dodcel 70-7016

Globol ~

Ennctmorn SNM-2019 Docket 70-7016 4

-Enclosure Affidavit Owens Affidavit for GLE OODEP

October 2019 GE Hitachi Global Laser Enrichment LLC AFFIDAVIT

• I, Thomas H. Owens, state as follows:

(1) I-am the President and Chief Executive Officer, GE Hitachi Global Laser Enrichment LLC (GLE), and have been delegated ~e function of reviewing the information described in paragraph (2) which is sought to be withheld, and have been authorized to apply for its=

withholding.

(2) The informati9n_ sought to be withheld is contained in letter, GLE 2019-0126 and its.

Enclosures 1 anq 2 transmitting an amendment of -Foreign Ownership, control, and Influence (FOCI) information previously submitted by GLE to the U.S. Nuclear Regulatory Commission (NRC) in supP?rt of GLE's facility clearance granted by the NRC. With regarq~ to letter GLE 2019-0126 and* its Enclosures 1 and-2, ];>aragraph (3) of this affidavit provides the basis for the designation as confidential information, and the pages containing such confidential commercial information are also marked with the designation "Security-Rel_ated Information, Prop~etary, and Personally Identifiable Information" or similar notice at the top of each page.

(3) In making this application for withholding of proprietary information of which it is the owner or licensee, GLE relies upon the exemption from disclosure set forth in the.Freedom of Information Act (FOIA), 5 USC Sec. 552(b)(4), and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations lO'CFR 9.l 7(a)(4),.and 2.390(a)(4) for trade secrets (Exemption 4). The material. for which exemption from disclosure is here sought also qualifies under the

'narrower definition of trade secret, within the meanings -assigned to those terms for purposes of FOIA Exemption'4 in, respectively, Critical Mass Energy *Project v. Nuclear Regulatory Commission, 975 F2d 871 (DC Cir. 1992), and Public Citizen Health Research*

Group v. FDA, 704 F2d I280 (DC Cir. 1983).

(4) The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs {4). b. apd (4) c. So~e examples of categories of information th~t fit into the defini_tion of proprietary information are:

a.

Information that discloses a process, method, or apparatus, mcluding supporting= data and analyses, where prevention of its use by GLE's competitors without license from GLE constitutes a competitive economic advantage over GLE and/or other companies.

b.

Information that, if used* by a competitor, would reduce their expenditure of resources or improve their. competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensj.hg 9f ~ similar product.

c.

Information which reveals organizational structur~s, cost or price information, production capacities, budget levels, or commercial strategie~ or planning of GLE, its customers *or its suppliers:

Affidavit for OLE Affidavit Page 1 of 3

October 2019

d.

Information that discloses trade secret and/or potentially patentable subject matter for

• which it may be desirable to obtain patent protection.

(5) To address 10 CFR 2.390(b)(4), the information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence by GLE, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by GLE, not been disclosed publicly, and not been made available in public sources. All disclosures to third parties, including* any required transmittals.to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary and/or confidentiality agreements that provide for maintaining the information in confidence. The initial designation of this information as proprietary

• information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in the following paragraphs (6) and (7).

(6) Initial approval of proprietary treatment of a document is made. by the manager of the originating component, who is the person most likely to be acquainted with the value and*

sensitivity of the information in relation to industry knowledg~, or who is the person most likely 'to be subject -to the terms under which it-was licensed to GLE. Access to such documents within said entities is limited to a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, projeclmartager, principal scientist, or other equivalent authority for technical content, competitive effect, and determination. of the accuracy of the proprietary designation. Disclosures outside GLE *are limited to regulatory bodies, -customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the. information, and then only in accordance with approptjat~ regulatory provisions or proprietary and/or confidentiality agreements. *

(8) The information identified in paragraph (2) above is designated as confidential because it reveals (1) information, if used by a competitor, could improve its competitive position; (2) commercial and/or financial information regarding the operations and plans of GLE and related joint venture entities; and/or (3) personal privacy information of individuals.

(9) 'Public disclosure of the information sought to be withheld is likely to cause substantial harm to stated entities' competitive position and foreclose or reduce the availability of profit-making opportunities. Additionally, public disclosure would reveal personal privacy information and potentially reduce information security.

Affidavit for GLE Affidavtt Page 2 of 3

October 2019 I declare under penalty of perjury that the foregoing affidavit and the matters stated therein are true and correct to the best of my knowledge, information, and belief.

Executed on this 18th day of Oct. 2019.

Thomas H. Owens President & Chief Executive Officer GE Hitachi Global Laser Enrichment LLC Affidavit for GLE Affidavit Page 3 of 3