ML20080L637

Global Nuclear Fuel - Americas, LLC Request for Withholding Information from Public Exposure

ML20080L637
Person / Time
Site:	99901376
Issue date:	03/30/2020
From:	Ngola Otto Licensing Processes Branch
To:	Michelle Catts GE-Hitachi Nuclear Energy Americas
Otto N
References
EPID L-2019-PMP-0098
Download: ML20080L637 (4)

Text

March 30, 2020 Ms. Michelle P. Catts Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780 M/C A-10 Wilmington, NC 28401

SUBJECT:

GLOBAL NUCLEAR FUEL - AMERICAS, LLC REQUEST FOR WITHHOLDING RESPONSE TO RIS 2019-03 INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2019-PMP-0098)

Dear Ms. Catts:

By letter dated March 18, 2020 (Letter No. M200042, Agencywide Documents Access and Management System (ADAMS) Accession No. ML20078H533), Global Nuclear Fuel - Americas LLC (GNF-A), submitted Response to RIS 2019-03, "Pre-Application Communication And Scheduling For Accident Tolerant Fuel Submittals," and an affidavit dated March 18, 2020 (ADAMS Accession No. ML20078H546), that was submitted and executed by Kent Halac, Senior Engineer, Regulatory Affairs, GNF-A, requesting that the information contained in Response to RIS 2019-03, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390.

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and is available in ADAMS Accession No. ML20078H541.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure because it is:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GNF-As competitors without license from GNF-A constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product;

c. Information which reveals aspects of past, present, or future GNF-A customer-funded development plans and programs, resulting in potential products to GNF-A;

d. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

M. Catts We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial 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 301-415-6695.

Sincerely,

/RA/

Ngola Otto, Project Manager Licensing Projects Branch Division of Operating Reactors Licensing Office of Nuclear Reactor Regulation Docket No. 99901376 cc: See next page

M. Catts Global Nuclear Fuel Americas Docket No. 99901376 cc:

Ms. Michelle P. Catts Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780 M/C A-10 Wilmington, NC 28401 Michelle.Catts@ge.com Mr. Kent E. Halac Senior Project Manager, Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780, M/C A-70 Wilmington, NC 28401-0780 Kent.Halac@ge.com Dr. Brian R. Moore General Manager, Core & Fuel Engineering Global Nuclear Fuel-Americas, LLC P.O. Box 780, M/C A-75 Wilmington, NC 28401-0780 Brian.Moore@ge.com

ML20080L637 *concurred via e-mail OFFICE NRR/DORL/LLPB/PM NRR/DORL/LLP/LA NRR/DORL/LLPB/BC NRR/DORL/LLPB/PM NAME NOtto* DHarrison* DMorey* NOtto*

DATE 03/27/2020 03/27/2020 03/30/2020 03/30/2020