ML23118A081
| ML23118A081 | |
| Person / Time | |
|---|---|
| Site: | 99902028, Nuclear Energy Institute |
| Issue date: | 04/17/2023 |
| From: | Nichol M Nuclear Energy Institute |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML23118A079 | List: |
| References | |
| Download: ML23118A081 (1) | |
Text
Enclosure 1 AFFIDAVIT OF MARCUS NICHOL District of Columbia:
55 Before me, the undersigned authority, personally appeared Marcus Nichol, 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.
Marcus Nichol Senior Director, New Reactors Executed at 1201 F Street, NW, Suite 1100, Washington, DC, 20004 Sworn to and subscribed Before me this 17th day of April 2023 olNolMIIOfbr
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Notary Public
2 I, Marcus Nichol, being duly sworn, depose and state as follows:
- 1.
I am the Senior Director of New Reactors 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 23-01 Operator Cold License Training Plan for Advanced Nuclear Reactors (Draft NEI 23-01). Draft NEI 23-01 was provided to the NRC as an enclosure to the letter identified below.
April X, 2023, NEI letter to the NRC titled Request for Review and Meeting to Discuss Draft Nuclear Energy Institute Technical Report NEI 23-01, Cold License Training Plan for Advanced Nuclear Reactors.
NEI is providing the information contained in Draft NEI 23-01 to the U.S. Nuclear Regulatory Commission (NRC) as part of a voluntary submission to Mr. Scott Tonsfeldt, Acting Technical Assistant, Division of Advanced Reactors and Non-Power Production and Utilization Facilities.
- 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 23-01, Sections 3 through 5 and all of the figures and tables, from public disclosure. A redacted version, suitable for public disclosure, has also been provided. NEI is requesting that Draft NEI 23-01 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 23-01 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 23-01 is the type of information that is, and will be, customarily held in confidence pursuant to NEIs current internal policies and guidance.
Draft NEI 23-01 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 23-01 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 23-01 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 23-01 from public disclosure.
I
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 23-01 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 23-01, 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 23-01 should be withheld from public disclosure in its entirety.
- 5.
A redacted version of NEI 23-01, that is suitable for public disclosure, has been provided.
- 6.
I have read the foregoing and the matters stated therein are true and correct to the best of my knowledge, information and belief.