ML20042E069
| ML20042E069 | |
| Person / Time | |
|---|---|
| Issue date: | 03/10/2020 |
| From: | Thi Herrera NRC/NMSS/DMSST/MSLB |
| To: | Karchon C Cammenga & Associates |
| Herrera T | |
| Shared Package | |
| ML19283D616 | List: |
| References | |
| 20-01 | |
| Download: ML20042E069 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 10, 2020 Mr. Christopher Karchon Director of Strategic Initiatives Cammenga and Associates, LLC 2011 Bailey St.
Dearborn,
MI 48124
SUBJECT:
U.S. NUCLEAR REGULATORY COMMISSION PARTIAL APPROVAL OF CAMMENGA AND ASSOCIATES, LLC REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Karchon:
Cammenga and Associates, LLC (Cammenga) submitted an affidavit dated October 7, 2019, executed by Mr. Gary W. Wilson, requesting that the information provided in application dated October 8, 2019, to amend Sealed Source and Device registration certificate NR-0210-D-101-E and Exempt Distribution License 21-26460-03E, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.
The affidavit stated that per 10 CFR Paragraph 2.390(b)(4), Cammenga is requesting that all the information be withheld from public disclosure for the following reasons: (1) the proprietary information is the property of Cammenga and has not been made available to the public. The proprietary information has been held in confidence by Cammenga since its inception and continues to remain confidential; (2) the proprietary information is of a type customarily held in confidence by Cammenga; (3) the proprietary information is neither available in public sources nor generally known in the public domain. After careful and extensive research, Cammenga found no comparable methodologies or patentable processes. Thereafter, Cammenga classified its developments as trade secrets and held the proprietary information as proprietary and as trade secret; and (4) public disclosure of the proprietary information is highly likely to cause substantial harm to Cammengas competitive position because it will permit competitors to create similar products and either reduce or foreclose future business opportunities.
We have reviewed your request and concluded that most of the information sought to be withheld from public disclosure is either publicly available or does not meet the requirements of 10 CFR 9.17 and 10 CFR 2.390. Therefore, your request to withhold the information in Exhibit A in your application dated October 8, 2019, in its entirety is denied. However, the drawings marked proprietary for the GB Series Glass Breakers and the periodic report of transfer, will be withheld from public disclosure pursuant to 10 CFR 9.17 and 10 CFR 2.390(a)(4) 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 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
C. Karchon 2
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 of the date of public disclosure in advance, which will be a reasonable time thereafter.
If you have any questions, please contact me at Tomas.Herrera@nrc.gov or (301) 415-7138.
Sincerely,
/RA/
Tomas Herrera, Team Leader Materials Safety and Tribal Liaison Branch Division of Materials Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML20042E069 Ltr.
ML19283D616 Pkg.
OFC NMSS/MSTB NMSS/MSTB NMSS/MSTB NMSS/MSTB NAME Tomas Herrera Celimar Valentin-Rodriguez Richard Struckmeyer Via email Tomas Herrera DATE 2/24/2020 2/24/2020 3/9/2020 3/10/2020