ML20055F321

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Non-Proprietary Determination Letter U.S. Nuclear Regulatory Commission Approval Request for Withholding Information from Public Disclosure
ML20055F321
Person / Time
Issue date: 03/11/2020
From: David Drucker
NRC/NRR/DNRL/NLRP
To:
Drucker D, NRR-DNRL -415-6223
References
Download: ML20055F321 (3)


Text

OFFICIAL USE ONLY - PROPRIETARY INFORMATION OFFICIAL USE ONLY - PROPRIETARY INFORMATION March 11, 2020

((

))

SUBJECT:

U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF ((

)) REQUEST FOR WITHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear (( )):

By letter to the U.S. Nuclear Regulatory Commission (NRC) dated January 21, 2020, ((

)) submitted an affidavit executed by you dated January 21, 2020, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

(( )) Subsequent License Renewal Notification A nonproprietary copy of your document and the staffs letter have been placed in the NRC's Public Document Room and added to the NRC Library at Agencywide Documents Access and Management System Accession No. ML20055C932 and ML20055F321, respectively.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

This information is and has been held in confidence by ((

));

This information is being transmitted voluntarily to the NRC in confidence, in accordance with Regulatory Information Summary 2009-06, Importance of Giving NRC Advance Notice of Intent to Pursue License Renewal; This information is being provided to the NRC in confidence with the expectation of non-disclosure; This information is not available in public sources and cannot be gathered readily from other publicly-available information; and Public disclosure of this information would create substantial harm to ((

)) by prematurely making public ((

intent to submit an SLRA, thereby making information regarding ((

)) commercial strategies available to parties whose commercial or other interests may be adverse to those of (( )). In addition,

OFFICIAL USE ONLY - PROPRIETARY INFORMATION

(( ))

OFFICIAL USE ONLY - PROPRIETARY INFORMATION public disclosure of this information would create harm to ((

)) regarding: i) the financial implications of its long-range resource planning, such as transmission and/or pipeline needs, and; ii) its interface with state and local government agencies, and with the general public, regarding on-going discussions and proceedings involving site utilization if this information is made public prior to ((

)) publicly announcing these plans.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 9.17 and 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains trade secrets or confidential or privileged commercial or financial information and should be withheld from public disclosure.

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 shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, 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, you should promptly notify the NRC. You 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 your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-6223, or by email at David.Drucker@nrc.gov.

Sincerely,

/RA/

David Drucker, Senior Project Manager License Renewal Projects Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket Nos. (( ))

(( )) (Proprietary);

ML20055F321 (Non-Proprietary)

  • concurred via email OFFICE PM: DNRL/NLRP LA: DNRL/NRLB PM: DNRL/NLRP NAME DDrucker CSmith*

LGibson DATE 2/14/2020 2/25/2020 2/28/2020 OFFICE BC: DNRL/NLRP PM: DNRL/NLRP NAME EOesterle DDrucker DATE 3/5/2020 3/11/2020