ML23067A438
| ML23067A438 | |
| Person / Time | |
|---|---|
| Site: | 99902071 |
| Issue date: | 04/13/2023 |
| From: | Michael Orenak NRC/NRR/DANU/UAL1 |
| To: | Chapman T X-Energy |
| Orenak M | |
| References | |
| Download: ML23067A438 (4) | |
Text
Mr. Travis Chapman Director, Reactor Licensing and Regulatory Affairs X Energy, LLC 801 Thompson Avenue Rockville, MD 20852
SUBJECT:
REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR X ENERGY, LLC - XE-100 U.S. REGULATORY ENGAGEMENT PLAN (REP) 2023 UPDATE
Dear Mr. Chapman:
On February 24, 2023 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML23055B258), X Energy, LLC (X-energy) 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) Section 2.390, Public inspections, exemptions, requests for withholding:
Xe-100 U.S. Regulatory Engagement Plan (REP) 2023 Update Table (Non-Public)
A publicly available version of the document can be found in ADAMS under accession number ML23055B259. 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 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 Enclosure 1 is not available to the public.
c.
The information contained in Enclosure 1 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 commercial information related to the licensing strategies and regulatory analysis 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.
April 13, 2023
T. Chapman d. contains information about the planned activities of X-energy related to the development and submittal of documents for regulatory review, forecast design development timeframes, pre-decisional licensing pathway information, and commercialization strategy for our Xe-100 advanced reactor. Public disclosure of the information in Enclosure 1 would create substantial harm to X-energy because it would reveal valuable business information regarding X-energys 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 Enclosure 1 is transmitted to the NRC in confidence and under the provisions of 10 CFR 2.390; it is to be received in confidence by the NRC. The information is properly marked.
The NRC staff has reviewed the February 24, 2023, affidavit 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 to withhold this document 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 submittal 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 staff 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, X-energy should promptly notify the NRC staff. X-energy 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.
T. Chapman 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.
If you have any questions regarding this matter, please contact me at (301) 415-3229 or via email 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.: 99902071 Cc via GovDeliver: X-Energy Xe-100 Signed by Orenak, Michael on 04/13/23
ML23067A438 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL2:LA NRR/DANU/UAL1:BC NRR/DANU/UAL1:PM NAME MOrenak CSmith WJessup MOrenak DATE 3/20/2023 4/10/2023 4/13/2023 4/13/2023