ML23199A176
| ML23199A176 | |
| Person / Time | |
|---|---|
| Issue date: | 07/18/2023 |
| From: | Rolland J NRC/NMSS/DMSST |
| To: | Lackinger C IMS Systems |
| References | |
| SSD 23-07 | |
| Download: ML23199A176 (1) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 18, 2023 Mr. Chris Lackinger, CEO IMS Systems, Inc.
519 Myoma Road Mars, PA 16046
SUBJECT:
U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF IMS SYSTEMS, INC. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Mr. Lackinger:
IMS Systems, Inc. (IMS) submitted an affidavit dated January 11, 2023, executed by Vickie L.
Armstrong, requesting that the information included in your letter dated January 11, 2023, regarding IMSs application for a new sealed source and device registration certificate, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390.
The affidavit requested that the submitted information should be withheld from public disclosure as privileged trade secrets or proprietary information because IMS operates in the nations critical steel and aluminum markets, and the information submitted includes information pertaining to the manufacturing, assembly, design, construction, characteristics or distribution of the subject product or its components. The affidavit further stated that not withholding proprietary information would allow competitors to secure critical knowledge about IMS products that could be leveraged toward a competitive advantage and that this could present an unnecessary financial burden on IMS that would otherwise not be incurred.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 9.17 and 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains trade secrets or confidential or privileged commercial or financial information and should be withheld from public disclosure.
Therefore, IMS Systems, Inc. information in the letters dated January 11, 2023, May 10, 2023, June 23, 2023, June 30, 2023, and July 17, 2023, will be withheld from public disclosure pursuant to 10 CFR 9.17 and 10 CFR Paragraph 2.390(b)(4) 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 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, you should promptly notify the U.S. Nuclear Regulatory Commission (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 your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of the date of public disclosure which will be a reasonable time thereafter.
C. Lackinger If you have any questions, please contact me at (301) 415-4059, or by email at Joseph.Rolland@nrc.gov.
Sincerely, 7/18/2023 X
Joseph Rolland Mechanical Engineer Signed by: Joseph D. Rolland Materials Safety and Tribal Liaison Branch Division of Material Safety, Security, State, and Tribal Programs Office of Nuclear Material Safety and Safeguards
ML23199A176 *Concurrence via Email OFC NMSS/MSST NMSS/DFM NMSS/MSST NAME JRolland SPoy JRolland DATE 7/14/2023 7/14/2023 7/18/2023