ML23299A095

GE-Hitachi Nuclear Energy Americas, LLC - Request for Withholding Information from Public Disclosure

ML23299A095
Person / Time
Site:	Vallecitos Nuclear Center
Issue date:	11/07/2023
From:	Geoffrey Wertz NRC/NRR/DANU/UNPL
To:	Martinez C GE Hitachi Nuclear Energy
Wertz G
References
EPID L-2023-LLA-0139
Download: ML23299A095 (1)

Text

Mr. Carlos Martinez, Site Manager GE-Hitachi Nuclear Energy Vallecitos Nuclear Center 6705 Vallecitos Road Sunol, CA 94586

SUBJECT:

GE-HITACHI NUCLEAR ENERGY AMERICAS LLC. - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE:

APPLICATION FOR A POSSESSION-ONLY LICENSE AMENDMENT (EPID L-2023-LLA-0139)

Dear Mr. Martinez:

By letter dated October 6, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23279A1100), GE-Hitachi Nuclear Energy Americas, LLC (GEH) submitted a request to amend Facility Operating License No. R-33 for the Nuclear Test Reactor to a possession-only license, which included an affidavit executed by Scott Murray, Manager, Facility Licensing, requesting that Enclosure 3, GEH Possession Only License Amendment Safety Analysis of the NTR (Part 2), be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390.

Information pertaining to the safety analysis supporting this possession-only license amendment request that was not designated proprietary was provided as Enclosure 2, GEH Possession Only License Amendment Safety Analysis of the NTR (Part 1), and remains available to the public in the letter referenced above.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a.

The information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH's competitors without license from GEH constitutes a competitive economic advantage over GEH and/or other companies.

b.

The information if used by a competitor, would reduce their expenditure of resources, or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

c.

The information reveals aspects of past, present, or future GEH customer-funded development plans and programs, that may include potential products of GEH.

d.

The information discloses trade secret and/or potentially patentable subject matter for which it may be desirable to obtain patent protection.

November 7, 2023

C. Martinez e.

The information sought to be withheld is being submitted to the U.S. Nuclear Regulatory Commission (NRC) in confidence. The information is of a sort customarily held in confidence by GEH and is in fact so held. The information sought to be withheld has consistently been held in confidence by GEH, not been disclosed publicly, and not been made available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary and/or confidentiality agreements that provide for maintaining the information in confidence.

The NRC staff has reviewed your submittal 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.

Based on information discussed during the regulatory audit review meeting on October 19, 2023, a nonproprietary (redacted) version of this document (Enclosure 3) will be provided by GEH, and will be added to the NRC Library in ADAMS.

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 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.

C. Martinez If you have any questions, please contact me at (301)415-0893 or by email at Geoffrey.Wertz@nrc.gov.

Sincerely, Geoffrey Wertz, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.50-073 License No. R-33 cc: GovDelivery Subscribers Signed by Wertz, Geoffrey on 11/07/23

ML23299A095 NRR-106 OFFICE NRR/DANU/PM NRR/DANU/LA NRR/DANU/BC NRR/DANU/PM NAME GWertz NParker JBorromeo (HCruz for)

GWertz DATE 11/06/2023 11/06/2023 11/06/2023 11/07/2023