ML23121A314
| ML23121A314 | |
| Person / Time | |
|---|---|
| Site: | 99902071 |
| Issue date: | 05/17/2023 |
| From: | Stephanie Devlin-Gill NRC/NRR/DANU/UAL1 |
| To: | Chapman T X-Energy |
| Devlin-Gill S | |
| References | |
| Download: ML23121A314 (3) | |
Text
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 THE APRIL 17, 2023, CLOSED MEETING
Dear Mr. Chapman:
On March 15, 2023 (Agencywide Documents Access and Management System (ADAMS)
Accession No. ML23087A022), 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 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 Slide Deck, Control Room Operator Qualification Discussion 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 Enclosure 1 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.
- 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 May 17, 2023
T. Chapman information contained 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 affidavit executed on March 15, 2023, 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. You 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 X-energy information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
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.
T. Chapman If you have any questions regarding this matter, I may be reached 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:
X-Energy Xe-100 via GovDelivery Signed by Devlin-Gill, Stephanie on 05/17/23
ML23121A314 NRC-106 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL2:LA NRR/DANU/UAL1:BC NRR/DANU/UAL1:PM NAME SDevlin-Gill CSmith AProffitt SDevlin-Gill DATE 5/2/2023 5/17/2023 5/17/2023 5/17/2023