ML21314A017
| ML21314A017 | |
| Person / Time | |
|---|---|
| Site: | 07109337 |
| Issue date: | 11/09/2021 |
| From: | Mary Johnson Croft Associates Limited |
| To: | Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML21314A013 | List: |
| References | |
| Download: ML21314A017 (2) | |
Text
AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Mark Johnson, Managing Director of Croft Associates Limited (Croft) hereby affirm and state
- 1. I have been specifically delegated the function of reviewing the information sought to be withheld and am authorized to apply for its withholding on behalf of Croft.
- 2. Croft is providing NRC with test evidence as part of the Safkeg-HS 3979A SARP submission Docket No 71-9337. This information contains proprietary commercial information.
- 3. The information sought to be withheld pursuant to the provisions of paragraph (a)(4) of 10 CFR 2.390 is the test report, CTR 2021/24 Issue A, which is marked as follows in the SARP submissions Proprietary information submitted under 10 CFR 2.390 to be withheld from public disclosure under 10 CFR 2.390.
- 4. This test report should be held in confidence by the NRC based on paragraph (b)(4) of 10 CFR 2.390 because:
i) This information is and has been held in confidence by Croft.
ii) This information is of a type that is customarily held in confidence by Croft and there is a rational basis for doing so because this information if released might result in the loss of an existing or potential competitive advantage as follows.
- a. The information reveals the distinguishing aspects of the design and the prevention of its use by Crofts competitors gives Croft a competitive economic advantage.
- b. The information, if used by a competitor, is likely to reduce the competitors expenditure of resources or improve their advantage in the design, quality and manufacture of a similar product.
iii) This information is being transmitted to the NRC voluntarily and in confidence.
iv) This information is not available in public sources.
v) Public disclosure of this information is likely to cause substantial harm to the competitive position of Croft because of the reasons outlined below.
- a. Similar products are manufactured and sold by competitors of Croft.
- b. The development of this information by Croft is the result of significant expenditure of staff effort and a considerable amount of money. It is my belief that a competitor would have to undertake similar effort and expense to generate equivalent information.
- c. In order to generate such information, a competitor would also require considerable time.
- d. If a competitor used this information and did not have to undertake the work required to generate this information they are likely to have lower overall costs and so are likely to have an unfair economic advantage over Croft in offering a similar product to the market.
- 5. Accordingly, Croft requests that the designated information be withheld from public disclosure pursuant to paragraph (a)(4) of CFR 10 2.390.
Croft Associates Ltd T: +44 (0)1865 407740 F4 Culham Science Centre F: +44 (0)1865 407449 Culham, Abingdon, E: info@croftltd.com Oxon, United Kingdom W: www.croftltd.com OX14 3DB FM 28718 - ISO9001 Registered in England No: 1698337 EMS 720456 - ISO14001 Page 1 of 2
Executed on November 09, 2021 Mark Johnson Managing Director Croft Associates Limited
[3979A Affidavit November 2021.docx]
Croft Associates Ltd T: +44 (0)1865 407740 F4 Culham Science Centre F: +44 (0)1865 407449 Culham, Abingdon, E: info@croftltd.com Oxon, United Kingdom W: www.croftltd.com OX14 3DB FM 28718 - ISO9001 Registered in England No: 1698337 EMS 720456 - ISO14001 Page 2 of 2