ML20245E421

Response to Request for Withholding Information FNMCP Version 12 - Framatome

ML20245E421
Person / Time
Site:	Framatome ANP Richland
Issue date:	09/14/2020
From:	Siurano O NRC/NMSS/DFM/FFLB
To:	Travis Tate Framatome
Siurano O
References
Download: ML20245E421 (3)

Text

September 14, 2020 Mr. Timothy Tate, Manager Environmental, Health, Safety & Licensing Framatome, Inc.

2101 Horn Rapids Road Richland WA 99354-5102

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Mr. Tate:

This is regarding a letter from Mr. Michael J. Wilbricht, Senior Safeguards Specialist, dated July 20, 2020 (Agencywide Documents Access and Management System (ADAMS) Accession Number ML20202A562), providing Framatomes revised Fundamental Nuclear Material Control Plan (FNMCP) for its Richland WA fuel fabrication facility (E07-01-001, Version 12.0). With his letter, Mr. Wilbricht also provided an affidavit executed by him, dated July 20, 2020, and requested that the U.S. Nuclear Regulatory Commission (NRC) withhold proprietary information contained in the FNMCP E07-01-001, Version 12, that was enclosed with his letter.

In the affidavit, Mr. Wilbricht requested that, pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public inspections, exemptions, requests for withholding, the NRC withhold from public disclosure, information in the FNMCP that should be considered exempt from mandatory public disclosure for the following reasons:

1. Version 12 of the FNMCP contains commercial information of a confidential nature that is not available in public sources or available to the public. This information contained in the FNMCP is commercial and confidential because:

a. It reveals specific information about the Framatome Richland manufacturing facility relative to its production throughput.

b. It can be used by competitors to gain undue insight into Framatome's commercial relationships, probable cost structure, operations and business.

2. Framatome is engaged in the business of designing and manufacturing nuclear fuel assemblies for commercial nuclear reactors and, due to the competition with similar firms within the United States, manufacturing costs of the nuclear fuel are critical to the maintenance of Framatomes market share and to the growth of market share among utility customers.

3. Framatome Inc. will suffer considerable competitive harm if the contents of the FNMCP is made available to Framatome domestic and international competitors.

T. Tate 2

4. The information in the FNMCP cannot be reasonably segregated from other material which may not meet the criteria set forth in 10 CFR § 2.390.

We have reviewed your application and submittal 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. Therefore, the version of the submitted information marked as proprietary will be withheld from the public disclosure pursuant to 10 CFR 2.390(b), 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 NRC. You should also 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.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records component of the NRCs ADAMS.

ADAMS is accessible from the NRCs Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

If you have any questions regarding this matter, please contact me at (301) 415-7827, or via e-mail to Osiris.Siurano-Perez@nrc.gov.

Sincerely, Digitally signed by Osiris Osiris Siurano-Perez Siurano-Perez Date: 2020.09.14 13:56:20 -04'00' Osiris Siurano-Perez, Project Manager Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 70-1257 License No. SNM-1227

ML20245E421 OFFICE DFM/FFLB/PM DFM/FFLB/LA DFM/FFLB/BC (A) DFM/FFLB/PM NAME OSiurano ELee DMarcano OSiurano DATE 09/01/20 09/09/20 09/10/20 09/14/20