ML23066A230
| ML23066A230 | |
| Person / Time | |
|---|---|
| Site: | 99902071 |
| Issue date: | 04/24/2023 |
| From: | Stephanie Devlin-Gill NRC/NRR/DANU/UAL1 |
| To: | Chapman T X-Energy |
| Devlin-Gill S | |
| References | |
| Download: ML23066A230 (3) | |
Text
Mr. Travis Chapman Director, Reactor Licensing
& Regulatory Affairs X Energy, LLC 801 Thompson Avenue Rockville, MD 20852
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
- SLIDE PACKAGE FOR DECEMBER 02, 2022, CLOSED-MEETING
Dear Mr. Chapman:
By letter dated January 10, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23011A324), X Energy, LLC (X-energy), submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) staff, requesting that the agency withhold the information contained in the following slide package from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, Public Inspections, Exemptions, Requests for Withholding:
Submittal of X Energy, LLC (X-energy) Xe-100 White Paper Slide Deck, "Spent Fuel Management White Paper" The 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 in slides 19, 20 and 21 of the Spent Fuel slide deck is owned by X-energy. This information was prepared with the explicit understanding that the information itself would be treated as proprietary and confidential and has been held in confidence by X-energy.
b.
The information sought to be protected in slides 19, 20 and 21 of the Spent Fuel slide deck is not available to the public.
c.
The information contained in slides 19, 20 and 21 of the Spent Fuel slide deck is of the type that is customarily held in confidence by X-energy, and there is a rational basis for doing so. The information X-energy is requesting to be withheld from public disclosure includes technical information related to the design, analysis and operations associated with our Xe-100 high-temperature, gas-cooled, pebble bed advanced reactor design that directly impact our business development and commercialization efforts. X-energy limits access to this proprietary and confidential information in order to maintain confidentiality.
d.
Slides 19, 20 and 21 of the Spent Fuel slide deck contain information about the planned activities of X-energy related to the development of the Xe-100 design bases and relate to the commercialization strategy for our Xe-100 advanced reactor. Public disclosure of April 24, 2023
T. Chapman the information contained in slides 19, 20 and 21 of the Spent Fuel slide deck would create substantial harm to X-energy because it would reveal valuable technical information regarding X-energys design development, competitive expectations, assumptions, current position and strategy. Its use by a competitor could substantially improve the competitors position in the design, manufacture, licensing, construction and operation of a similar competing product.
e.
The Proprietary Information contained in slides 19, 20 and 21 of the Spent Fuel slide deck is transmitted to the NRC staff in confidence and under the provisions of 10 CFR 2.390; it is to be received in confidence by the NRC staff. The proprietary slides are marked.
The NRC staff has reviewed the affidavit executed on December 2, 2022, and the subject material in accordance with the requirements of 10 CFR 2.390 and, on the basis of 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, the NRC staff agrees that 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.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, 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, X-energy should promptly notify the NRC staff. You also should understand that the NRC staff may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes X-energy information. In all review situations, if the NRC staff makes a determination adverse to the above, you will be notified in advance of any public disclosure.
In all review situations, the NRC staff 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.
T. Chapman If you have any questions regarding this matter, please contact me at (301) 415-5301 or via email at Stephanie.Devlin-Gill@nrc.gov.
Sincerely, Stephanie Devlin-Gill, Senior 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. 99902071 cc:
Distribution to GovDelivery Subscribers Signed by Devlin-Gill, Stephanie on 04/24/23
ML23066A230 NRC-001 OFFICE NRR/DANU/UAL1/PM NRR/DANU/UAL1/LA NRR/DANU/UAL1/BC (A)
NRR/DANU/UAL1/PM NAME SDevlin-Gill DGreene AProffitt SDevlin-Gill DATE 3/72023 4/18/2023 4/18/2023 4/24/2023