ML21322A217
| ML21322A217 | |
| Person / Time | |
|---|---|
| Issue date: | 10/19/2021 |
| From: | Edward Helvenston Office of Nuclear Reactor Regulation |
| To: | |
| Montgomery C | |
| References | |
| Download: ML21322A217 (9) | |
Text
10 CFR 2.390, Public inspections, exemptions, requests for withholding Ed Helvenston, Project Manager Non-Power Production and Utilization Facility (NPUF)
Licensing Branch, U.S. NRC TRTR Annual Conference October 19, 2021
- Licensees or applicants submitting a document to NRC may request that the document, or a portion of it, be withheld from public disclosure because it contains certain information (10 CFR 2.390(b))
- For example: Trade secrets and commercial or financial information obtained from a person and privileged or confidential (i.e., proprietary information) (2.390(a)(4)) can be withheld from disclosure 10 CFR 2.390 - Overview
Requirements for withholding requests are in 2.390(b):
Make request at the time document is submitted (2.390(b)(1))
Mark documents (2.390(b)(1)(i)(A-B))
Language such as proprietary information withheld from public disclosure under 10 CFR 2.390 at top of each page Should generally also provide redacted version (without marking)
No requirement to mark transmittal documents if no sensitive information 10 CFR 2.390 - Requirements for Withholding Requests
Requirements for withholding requests (continued):
Provide affidavit (2.390(b)(1)(ii-iii))
Identifies document to be withheld, and the locations of sensitive information in the document Identifies official position of person making affidavit Includes harm statement Declares basis for withholding (i.e., which part of 2.390(a))
For proprietary information to be withheld under 2.390(a)(4), executed by owner of information, and addresses with specificity each of the considerations listed in 2.390(b)(4)(i-v) 10 CFR 2.390 - Requirements for Withholding Requests
In accordance with 10 CFR 2.390(b)(4)(i-v), when determining whether information is proprietary information that should be withheld from disclosure, the NRC will consider:
Whether information has been held in confidence by owner
Whether information is of a type customarily held in confidence by owner
Whether information is transmitted to and received by NRC in confidence
Whether information is available in public sources
Whether disclosure of information is likely to cause substantial harm to owners competitive position 10 CFR 2.390 - Criteria for NRC Determination
Withholding request review is separate from a licensing action acceptance review NRC will generally respond with letter accepting request, or explaining deficiencies Generally, submitter may request withdrawal of information if a withholding request is not granted 10 CFR 2.390 - Process
Security-related information: 10 CFR 2.390(d)
Personal privacy information: 10 CFR 2.390(a)(6)
Public meetings When in doubt ask your PM 10 CFR 2.390 - A Few Other Points
Title 10 of the Code of Federal Regulations 2.390 LIC-204, Handling Requests to Withhold Proprietary Information from Public Disclosure, ADAMS Accession No. ML20049A139 Regulatory Information Statement (RIS) 2005-31, Rev. 1, Control of Security-Related Sensitive Unclassified Nonsafeguards Information Handled by Individuals, Firms, and Entities Subject to NRC Regulation of the Use of Source, Byproduct, and Special Nuclear Material, ADAMS Accession No. 16196A237 Useful References
Thank you for your attention, any questions?
Ed Helvenston, U.S. NRC 301-415-4067 Edward.Helvenston@nrc.gov