ML22157A391
| ML22157A391 | |
| Person / Time | |
|---|---|
| Site: | 99901469 |
| Issue date: | 06/15/2022 |
| From: | Michael Orenak NRC/NRR/DANU/UAL1 |
| To: | John Miller BWXT Advanced Technologies |
| Orenak M | |
| References | |
| 5114 | |
| Download: ML22157A391 (4) | |
Text
Mr. Joseph K Miller, President BWXT Advanced Technologies, LLC 109 Ramsey Place Lynchburg VA 24501
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, BWXT RESPONSE TO REGULATORY ISSUE
SUMMARY
2020-20
Dear Mr. Miller:
On May 16, 2022 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML22147A172), BWXT Advanced Technologies, LLC (BWXT AT), submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) requesting that the agency withhold the information contained in the following document from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding:
BWXT AT Response to RIS 2020-02 Previous letters dated February 17, 2022, and April 13, 2022 (ADAMS Accession Nos.
ML22147A174 and ML22147A173, respectively), submitted the same document, but contained incomplete affidavits. This response letter covers the withholding from the public of the submitted documents for all three letters.
The May 16, 2022, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a.
The information sought to be withheld from public disclosure is owned and has been held in confidence by BWXT [AT].
b.
The information is of a type customarily held in confidence by BWXT [AT] and not customarily disclosed to the public. BWXT [AT] has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute BWXT [AT] policy and provide the rational basis required.
c.
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
d.
This information is not readily available in public sources.
June 15, 2022
- e. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of BWXT [AT] in multiple ways. First, because it would enhance the ability of competitors to provide similar products and services by reducing their expenditure of resources using similar project methods, equipment, testing approach, contractors, or licensing approaches. Second, with knowledge of BWXT AT's approaches and techniques, technical, financial, and other relevant information, competitors will gain information of significant value which they can use to both attack or weaken those BWXT AT approaches and techniques as well as shore up their own approaches and techniques through comparison and/or copying. This information is the result of considerable expense to BWXT [AT] and has great value in that it will assist BWXT [AT] in providing products and services to new, expanding markets not currently served by the company.
- f.
The information could reveal or could be used to infer price information, cost information, budget levels, or commercial strategies of BWXT [AT].
- h. Unrestricted disclosure would jeopardize the position of BWXT [AT] in the world market, and thereby give a market advantage to the competition in those countries.
The NRC staff has reviewed the May 16, 2022, affidavit and the subject material in accordance with the requirements of 10 CFR 2.390 and based on the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, NRC staff agrees to withhold this document in its entirety 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 the submittals from public inspection will not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC may send copies of the information to its consultants working in this area. The NRC will 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, BWXT AT should promptly notify the NRC. BWXT AT 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 BWXT AT information.
In all review situations, the NRC will follow applicable laws, regulations, and policies in conducting its review, including the NRCs policies on notifying the owner of information in advance of any public disclosure.
If you have any questions about this matter, please contact Michael Orenak at (301) 415-3229 or via e-mail at Michael.Orenak@nrc.gov.
Sincerely, Michael Orenak, Project Manager Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No. 99901469 cc: Archie Manoharan amanoharan@bwxt.com Steve Schilthelm swschilthelm@bwxt.com Signed by Orenak, Michael on 06/15/22
ML22157A391 OFFICE NRR/DANU/UAL1/PM NRR/DANU/UAL1/LA NRR/DANU/UAL1/BC(A) NRR/DANU/UAL1/PM NAME MOrenak DGreene WKennedy MOrenak DATE 06/10/2022 06/13/2022 06/13/2022 06/15/2022