ML23347A104
| ML23347A104 | |
| Person / Time | |
|---|---|
| Site: | 99900003, 99901376 |
| Issue date: | 12/19/2023 |
| From: | Ekaterina Lenning Licensing Processes Branch |
| To: | Michelle Catts GE-Hitachi Nuclear Energy Americas |
| References | |
| Download: ML23347A104 (1) | |
Text
December 19, 2023 Ms. Michelle P. Catts Senior Vice President, Regulatory Affairs GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780 M/C A-10 Wilmington, NC 28401
SUBJECT:
GE-HITACHI NUCLEAR ENERGY - AMERICAS, LLC AND GLOBAL NUCLEAR FUEL - AMERICAS, LLC REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE
Dear Ms. Catts:
By letter dated October 18, 2023 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML23291A251), the GE-Hitachi Nuclear Energy - Americas, LLC (GEH-A) and Global Nuclear Fuel - Americs, LLC (GNF-A) affidavits dated October 18, 2023, were executed and submitted by Mr. Kent Halac, Senior Engineer, Regulatory Affairs, GNF-A, requesting that the information contained in Enclosures 1 and 4 of the above said letter entitled, 2023 Technology Update Meeting, Final Presentations, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The nonproprietary copies of these documents (Enclosures 2 and 5) have been placed in the Nuclear Regulatory Commissions (NRCs) Public Document Room and are available under ADAMS Accession Nos. ML23291A253 and ML23291A257, respectively.
The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure because it is:
- a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by GEH-As and GNF-As competitors without license from GEH-A and GNF-A constitutes a competitive economic advantage over other companies.
- b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his 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-A and GNF-A customer-funded development plans and programs, that may include potential products of GEH-A and GNF-A.
- d. The information discloses trade secret and/or potentially patentable subject matter for which it may be desirable to obtain patent protection.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of 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.
If you have any questions regarding this matter, I may be reached at 301-415-3151.
Sincerely,
/RA/
Ekaterina Lenning, Project Manager Licensing Processes Branch Division of Licensing Projects Office of Nuclear Reactor Regulation Docket Nos.: 99901376, 99900003 cc: See next page
cc:
Ms. Michelle P. Catts Senior Vice President, Nuclear Programs GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780 M/C A-10 Wilmington, NC 28402 Michelle.Catts@ge.com Mr. Kent E. Halac Senior Engineer, Technical Regulations and Standards GE-Hitachi Nuclear Energy Americas, LLC P.O. Box 780, M/C A-70 Wilmington, NC 28402 Kent.Halac@ge.com
ML23347A104 OFFICE NRR/DORL/LLPB/PM NRR/DORL/LLPB/LA DSS/SFNB/BC NAME ELenning DHarrison SKrepel DATE 12/13/2023 12/18/2023 12/18/2023 OFFICE NRR/DORL/LLPB/BC NRR/DORL/LLPB/PM NAME GGeorge ELenning DATE 12/19/2023 12/19/2023