ML22194A823
"Draft Meeting" is not in the list (Request, Draft Request, Supplement, Acceptance Review, Meeting, Withholding Request, Withholding Request Acceptance, RAI, Draft RAI, Draft Response to RAI, ...) of allowed values for the "Project stage" property.
| ML22194A823 | |
| Person / Time | |
|---|---|
| Site: | 99902028, Nuclear Energy Institute |
| Issue date: | 07/13/2022 |
| From: | Mauer A Nuclear Energy Institute |
| To: | Bo Pham Document Control Desk, Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML22194A891 | List: |
| References | |
| Download: ML22194A823 (5) | |
Text
ANDREW N. MAUER Senior Director Regulatory Affairs 1201 F Street, NW, Suite 1100 Washington, DC 20004 P: 202.739.8018 anm@nei.org nei.org July 13, 2022 Bo Pham Director, Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission 11545 Rockville Pike Rockville, MD 20852-2746
Subject:
Application for Withholding from Public Disclosure Confidential Commercial Information in July 13, 2022, Letter Titled Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 21-05, Reporting Guidance for Licensees with Risk-Informed Licensing Bases
Dear Mr. Pham:
Pursuant to 10 CFR 2.390(b), the Nuclear Energy Institute (NEI)0F1 requests that the U.S. Nuclear Regulatory Commission (NRC) withhold Draft NEI Technical Report NEI 21-05 Reporting Guidance for Licensees with Risk-Informed Licensing Bases (Draft NEI 21-05) from public disclosure. Draft NEI 21-05 contains confidential commercial information owned by NEI and was provided to the NRC staff as an enclosure to the letter identified below in subparagraph 1.
(1) July 13, 2022, NEI letter to the NRC titled "Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 21-05, Reporting Guidance for Licensees with Risk-Informed Licensing Bases" NEI is voluntarily providing Draft NEI 21-05 to the NRC to support a request for NRC review on new event reporting guidance developed by NEI.
A copy of the affidavit submitted in support of this nondisclosure request is included as Enclosure 1 to this letter. The affidavit sets forth the basis on which the information should be withheld from public disclosure and addresses applicable factors in 10 CFR 2.390(b)(1)(ii)-(iii) and 10 CFR 2.390 (b)(4)(i)-(v). A copy of 1 The Nuclear Energy Institute (NEI) is the organization responsible for establishing unified industry policy on matters affecting the nuclear energy industry, including the regulatory aspects of generic operational and technical issues. NEI's members include all entities licensed to operate commercial nuclear power plants in the United States, nuclear plant designers, major architect/engineering firms, fuel cycle facilities, nuclear materials licensees, and other organizations and entities involved in the nuclear energy industry.
NUCLEAR ENERGY INSTITUTE NUCLEAR. CLEAN AIR ENERGY
Mr. Bo Pham July 13, 2022 Page 2 Draft NEI 21-05 is marked as required by 10 CFR 2.390(b)(1)(i)(A) and is included as Enclosure 2 to this letter.
Draft 21-05 is provided for the internal use of NRC only and may be used only for the purpose for which it is being released by NEI. Draft NEI 21-05 should not be otherwise used or disclosed to any other persons without prior written permission from NEI. Accordingly, we respectfully request that the NRC withhold Draft NEI 21-05 from public disclosure in accordance with 10 CFR 2.390.
If the NRC determines that Draft NEI 21-05 cannot be withheld pursuant to 10 CFR 2.390, then we respectfully withdraw the document and request that it be returned pursuant to 10 CFR 2.390(c)(3).
Please contact me at 202.739.8018 or anm@nei.org with any questions concerning this nondisclosure request or the contents of the Letter.
Sincerely, Andrew Mauer
Enclosures:
Affidavit July 13, 2022, Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 21-05, Reporting Guidance for Licensees with Risk-Informed Licensing Bases cc:
Chris Miller, DRO, NRC Mike Franovich, DRA, NRC NRC Document Control Desk AFFIDAVIT OF ANDREW MAUER District of Columbia:
55 Before me, the undersigned authority, personally appeared Andrew Mauer, who, being by me duly sworn according to law, deposes and says that he is authorized to execute this affidavit on behalf of the Nuclear Energy Institute (NEI), and that the averments of facts set forth in this affidavit are true and correct to the best of his knowledge, information, and belief.
Andrew Mauer Senior Director, Regulatory Affairs Executed at 1201 F Street, NW, Suite 1100, Washington, DC, 20004 Sworn to and subscribed Before me this 13th day of July 2022 Notary Public GIA MADELEINE MONTSERRAT.
NOTARY PUBLIC DISTRICT OF COLUMBIA P.ttCcmnlssion Expiles NMrlwf4, 2022
2 I, Andrew Mauer, being duly sworn, depose and state as follows:
- 1.
I am the Senior Director of Regulatory Affairs for the Nuclear Energy Institute (NEI).
I have been specifically delegated the function of reviewing certain confidential commercial information that NEI seeks to have withheld from public disclosure pursuant to 10 CFR 2.390 and am authorized to apply for its withholding on behalf of NEI. For the purposes of this affidavit, I am the owner of this information contained in the Letter identified below. I have personal knowledge of the factors that NEI considers in deciding whether to designate information as privileged or confidential commercial or financial information.
- 2.
The information that NEI seeks to protect from public disclosure is contained in Draft NEI Technical Report NEI 21-05 Reporting Guidance for Licensees with Risk-Informed Licensing Bases (Draft NEI 21-05). Draft NEI 21-05 was provided to the NRC as an enclosure to the letter identified below.
July 13, 2022, NEI letter to the NRC titled Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 21-05, Reporting Guidance for Licensees with Risk-Informed Licensing Bases NEI is providing the information contained in Draft NEI 21-05 to the U.S. Nuclear Regulatory Commission (NRC) as part of a voluntary submission to Mr. Bo Pham, Director, Division of Operating Reactor Licensing.
- 3.
This affidavit is submitted to the NRC pursuant to 10 CFR 2.390(b), in support of NEIs request that the NRC withhold Draft NEI 21-05, in its entirety, from public disclosure.
NEI is requesting that Draft NEI 21-05 be withheld because it contains NEI privileged or confidential commercial information under 10 CFR 2.390(a)(4).
- 4.
The basis for withholding the information from the public is as follows:
(i)
The information contained in Draft NEI 21-05 has been held in confidence by NEI and NEI does not currently plan to make the document available to the general public. Further, the information in Draft NEI 21-05 is the type of information that is, and will be, customarily held in confidence pursuant to NEIs current internal policies and guidance.
Draft NEI 21-05 is being transmitted to the NRC in confidence. NEI requests that the document be received and held in confidence by the NRC, consistent with 10 CFR 2.390.
Specifically, Draft NEI 21-05 contains internal NEI confidential commercial information that has not been made available to the public, to the best of my knowledge and belief. Further, to the best of my knowledge and belief, Draft NEI 21-05 is not available via public sources.
(ii)
A rational basis exists under 2.390(b)(4) for NEI to request the NRC withhold the confidential information contained in Draft NEI 21-05 from public disclosure.
3 As noted above, the information is NEIs confidential commercial information that is held in confidence, transmitted to the NRC in confidence, and is not publicly available.
The information contained in Draft NEI 21-05 is of commercial value to NEI and a public release would harm NEIs competitive position. NEI is a membership organization. Development of the guidance contained in NEI 21-05, which provides specific guidance to licensees with risk-informed licensing bases for complying with the reporting requirements of 10 CFR 50.72, 10 CFR 50.73, and 10 CFR 21, required considerable effort by NEI and its members. Public release of the document would negatively impact the value of the information to NEI. For all of these reasons, Draft NEI 21-05 should be withheld from public disclosure in its entirety.
- 5.
It is not feasible to redact Draft NEI 21-05 to protect the confidential commercial information therein.
- 6.
I have read the foregoing and the matters stated therein are true and correct to the best of my knowledge, information and belief.