ML23299A119
| ML23299A119 | |
| Person / Time | |
|---|---|
| Site: | 99902071 |
| Issue date: | 11/13/2023 |
| From: | Adrian Muniz NRC/NRR/DANU/UAL2 |
| To: | Chapman T X-Energy |
| Muniz A | |
| References | |
| Download: ML23299A119 (4) | |
Text
Mr. Travis Chapman Director, Reactor Licensing And Regulatory Affairs X-Exergy, LLC 801 Thompson Avenue Rockville, MD 20852
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR X ENERGY, LLC. - REGULATORY ENGAGEMENT PLAN 2023 REVISION 2
Dear Mr. Chapman:
By letter dated October 2, 2023 (Agencywide Documents Access and Management System Package Accession No. ML23276A207), you submitted an affidavit executed by you for X Energy, LLC (X-energy), requesting that the information contained in the following document be withheld from public disclosure pursuant to Title10 of the Code of Federal Regulations (10CFR), Part2, Section2.390:
Xe-100 U.S. Regulatory Engagement Plan (REP) 2023 Revision 2 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 3 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 3 is not available to the public.
c)
The information contained in Enclosure 3 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 technical information related to the design, analysis and operations 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.
November 13, 2023
T. Chapman d) Enclosure 3 contains information about the planned activities of X-energy related to the development of the Xe-100 design bases, TRISO-X fuel design bases, forecast design development timeframes, and relate to the commercialization strategy for our Xe-100 advanced reactor. Public disclosure of the information contained in Enclosure 3 would create substantial harm to X-energy because it would reveal valuable technical information regarding X-energys design development, 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 3 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 using (( ))P.
We have reviewed your application and the material in accordance with the requirements of 10CFR 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 document titled, Xe-100 U.S. Regulatory Engagement Plan (REP) 2023 Revision 2, marked as proprietary, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section103(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 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 any public disclosure.
T. Chapman If you have any questions regarding this matter, I may be reached at 301-415-4093 or via email at Adrian.Muniz@nrc.gov.
Sincerely, Adrian Muniz, Senior Project Manager Advanced Reactors Licensing Branch 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 Mstaiger@x-energy.com Signed by Muniz Gonzalez, Adrian on 11/13/23
ML23299A119 NRR-106 OFFICE NRR/DANU/UAL2:PM NRR/DANU/UAL2:LA NRR/DANU/UAL2:BC NRR/DANU/UAL2:PM NAME AMuniz CSmith MWentzel AMuniz DATE 10/26/2023 11/9/2023 11/13/2023 11/13/2023