ML21039A533
| ML21039A533 | |
| Person / Time | |
|---|---|
| Site: | 99902076 |
| Issue date: | 02/18/2021 |
| From: | Adrian Muniz NRC/NRR/DANU/UARL |
| To: | Irish S Terrestrial Energy USA |
| Adrian Muniz 415-4093 | |
| References | |
| Download: ML21039A533 (3) | |
Text
February 18, 2021 Mr. Simon Irish Chief Executive Officer Terrestrial Energy USA, Inc.
537 Steamboat Road, Suite 200 Greenwich, CT 06830
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR TERRESTRIAL ENERGY USA - PRINCIPAL DESIGN CRITERIA FOR IMSR STRUCTURES, SYSTEMS AND COMPONENTS WHITE PAPER
Dear Mr. Irish:
By letter dated January 6, 2021 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML21025A030), you submitted an affidavit executed by you for Terrestrial Energy USA (TEUSA), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
Principal Design Criteria for IMSR Structures, Systems and Components and TEUSA Response to NRC Feedback, Questions and Observations Related to the TEUSA Principal Design Criteria White Paper The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the reasons set forth in affidavit paragraphs (4)b and (4)c shown below:
- b. [Contains] [i]nformation 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 licensing of a similar product.
- c. [Contains] [i]nformation that reveals aspects of past, present, or future TEUSA development plans and programs, resulting in potential products to TEUSA.
We have reviewed your application and the material in accordance with the requirements of 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 proprietary commercial information and should be withheld from public disclosure.
Therefore, the Principal Design Criteria for IMSR Structures, Systems and Components white paper and TEUSA Response to NRC Feedback, Questions and Observations Related to the TEUSA Principal Design Criteria White Paper 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 U.S. Nuclear Regulatory Commission (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 301-415-4093.
Sincerely, Adrian Muniz, Project Manager Advanced Reactors Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No. 99902076
ML21039A533 NRR-106 OFFICE NRR/DANU/UARL/PM NRR/DANU/UARL/LA NRR/DANU/UARL/BC NRR/DANU/UARL/PM NAME AMuniz SLent BBeasley AMuniz DATE 02/10/21 02/10/21 02/17/21 02/18/21