ML23293A238
| ML23293A238 | |
| Person / Time | |
|---|---|
| Site: | 99902115 |
| Issue date: | 10/23/2023 |
| From: | Victoria Huckabay NRC/NRR/DNRL/NLIB |
| To: | Bartelme J SHINE Technologies |
| References | |
| Download: ML23293A238 (4) | |
Text
October 23, 2023 Jeff Bartelme Senior Director of Licensing and Regulatory Affairs SHINE Technologies, LLC 3400 Innovation Ct.
Janesville, WI 53546
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SHINE TECHNOLOGIES, LLC REGULATORY ENGAGEMENT PLAN FOR THE USED NUCLEAR FUEL RECYCLING PILOT FACILITY
Dear Jeff Bartelme:
By letter dated October 13, 2023, you submitted an affidavit requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR): 1, 2
, SHINE Technologies, LLC Regulatory Engagement Plan for the Used Nuclear Fuel Recycling Facility (Non-Public Version)3 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (3)(a) through (3)(d) shown below:
(3) Pursuant to the provisions of paragraph (a)(4) of 10 CFR 2.390, the following is furnished for consideration by the NRC in determining whether the information sought to be withheld from public disclosure should be withheld.
(a) The information sought to be withheld from public disclosure contained in of 2023-SMT-0099 is owned by SHINE, its affiliates, or third parties to whom SHINE has an obligation to maintain its confidentiality. This information is and has been held in confidence by SHINE.
(b) The information sought to be protected in Enclosure 1 is not available to the public to the best of my knowledge and belief.
1 Letter from J. Bartelme to NRC, SHINE Technologies, LLC Regulatory Engagement Plan for the Used Nuclear Fuel Recycling Pilot Facility dated October 13, 2023 (Agency Documents Accession Management System (ADAMS) Accession No. ML23286A114, part of ADAMS package ML23286A113) 2 Letter from J. Bartelme to NRC, Enclosure 3, Affidavit of Jeff Bartelme, dated October 13, 2023 (ML23286A117, part of ADAMS package ML23286A113).
3 Letter from J. Bartelme to NRC, Enclosure 1, SHINE Technologies, LLC Regulatory Engagement Plan for the Used Nuclear Fuel Recycling Facility (Non-Public Version), dated October 13, 2023 (ML23286A115, part of ADAMS package ML23286A113).
J. Bartelme 2
(c) The information contained in Enclosure 1 is of the type that is customarily held in confidence by SHINE, and there is a rational basis for doing so. The information that SHINE is requesting to be withheld from public disclosure includes trade secret, commercial financial information, commercial information, or information that is subject to export controls. SHINE limits access to these elements to those with a need to know, and subject to maintaining confidentiality.
(d) Public disclosure of the information in Enclosure 1 would create substantial harm to SHINE because it would reveal valuable business information regarding SHINE's competitive expectations, assumptions, processes, and current position.
Its use by a competitor could substantially improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, 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, you 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 your 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.
J. Bartelme 3
If you have any questions regarding this matter, I may be reached at 301-415-5183.
Sincerely, 10/23/2023 X
Signed by: Victoria V. Huckabay Victoria V. Huckabay, Senior Project Manager Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No: 99902115