ML22137A128

Cover Letter - Framatome- DFP Info and Form 327 Proprietary Review

ML22137A128
Person / Time
Site:	Framatome ANP Richland
Issue date:	06/23/2022
From:	Richard Jervey NRC/NMSS/DFM/FFLB
To:	Travis Tate Framatome
R JERVEY NRC/NMSS/DFM/FFLB 3014156201
References
EPID L-2019-PMP-0011
Download: ML22137A128 (3)

Text

June 23, 2022 T. J. Tate, Manager Environmental, Safety, Health and Licensing Framatome Inc.

2101 Horn Rapids Road Richland, WA 99354-5102

SUBJECT:

FRAMATOME INC. - APPROVAL OF REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (ENTERPRISE PROJECT IDENTIFER L-2019-PMP-0011)

Dear T. J. Tate:

There are two submittals addressed by this letter. The first submittal is a letter you sent with enclosures providing supporting information needed to complete the review of your triennial decommissioning funding plan (DFP) (Agencywide Documents Access and Management System (ADAMS) Accession No. ML22132A295). That letter is dated May 12, 2022. It included an affidavit, executed by you, dated May 11, 2022, and the reported information. Framatome requested that information contained in the triennial DFP be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

A. Reveals distinguishing aspects of Framatome's business costs which a competitor within the field of nuclear fuel manufacturing may adapt for their business plans, thereby gaining a competitive advantage to the disadvantage of Framatome.

B. Reveals technical work performed by Framatome which a competitor could readily use without expenditure of funds and replicate this work thereby gaining a competitive advantage to the disadvantage of Framatome.

We have reviewed your request 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(s) 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.

The second proprietary submittal addressed in this letter pertains to Framatomes submittal of NRC Form 327, Special Nuclear Material (SNM) and Source Material (SM) Physical Inventory

T. Tate 2 Report, (ML22132A229). The submittal includes a letter and affidavit dated May 12, 2022, both signed by Michael Wilbricht, as well as two form 327s, also dated May 12, 2022, and executed by Michael Wilbricht.

Framatome requested that information contained in the letter be withheld from public disclosure pursuant to 10 CFR 2.390.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

This information contained in this report is commercial and confidential because it reveals specific information about the Framatome Richland manufacturing facility relative to its production throughput. All this information can be used by competitors to gain undue insight into Framatomes commercial relationships, probable cost structure, operations, and business.

We have reviewed your request 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(s) 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.

If the basis for withholding the information from public disclosure 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, if for example, 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 the date of public disclosure.

If you have any questions regarding this matter, please contact me at 301-415-6201, or via email to Richard.Jervey@nrc.gov.

Sincerely, Richard A. Jervey, 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 cc: framatome@listmgr.nrc.gov

T. Tate 3

SUBJECT:

FRAMATOME INC. - APPROVAL OF REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (ENTERPRISE PROJECT IDENTIFER L-2019-PMP-0011)

DOCUMENT DATE: June 23, 2022 DISTRIBUTION:

OSiurano, NMSS MWilbrecht, Framatome ADAMS Accession Number: ML22137A128 OFFICE DFM/FFLB/PM DFM/FFLB/LA DFM/FFLB/BC DFM/FFLB/PM NAME RJervey ELee JTBoyce RJervey DATE 5/16/2022 5/18/2022 6/22/2022 6/23/2022 OFFICIAL RECORD COPY