ML24008A039
"Draft Withholding Request Acceptance" is not in the list (Request, Draft Request, Supplement, Acceptance Review, Meeting, Withholding Request, Withholding Request Acceptance, RAI, Draft RAI, Draft Response to RAI, ...) of allowed values for the "Project stage" property.
| ML24008A039 | |
| Person / Time | |
|---|---|
| Site: | Westinghouse |
| Issue date: | 02/12/2024 |
| From: | Marshall M NRC/NRR/DORL/LPL1 |
| To: | Uhle J Nuclear Energy Institute |
| References | |
| EPID L-2023-NFN-0012 | |
| Download: ML24008A039 (1) | |
Text
February 12, 2024 Dr. Jennifer Uhle Vice President, Technical and Regulatory Services Nuclear Energy Institute 1201 F Street, Suite 1100 Washington, DC 20004
SUBJECT:
NUCLEAR ENERGY INSTITUTE TECHNICAL REPORT NEI 20-07, DRAFT REVISION E, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID L-2023-NFN-0012)
Dear Dr. Uhle:
By letter dated July 24, 2023 (Agencywide Documents Access and Management System Accession No. ML23205A188), you submitted an affidavit dated July 20, 2023, requesting that the information contained in the draft document entitled Nuclear Energy Institute Technical (NEI) Report NEI 20-07, Draft Revision E, Guidance for Addressing Common Cause Failure in High Safety-Significant Safety-Related Digital I&C Systems be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR).
You provided the following reasons for requesting that the U.S. Nuclear Regulatory Commission (NRC) withhold information in the draft document:
The information contained in NEI 20-07 has been held in confidence by NEI and NEI does not currently plan to make the document available to the general public; NEI 20-07 contains internal NEI confidential commercial information that has not been made available to the public and is not available via public sources; and NEI 20-07 is of commercial value to NEI, and a public release would harm NEIs competitive position.
We have reviewed your draft document and your request in accordance with 10 CFR 2.390 and have concluded that some of the information sought to be withheld from public disclosure does conform to the regulation at 10 CFR 2.390. However, a notable amount of the information sought to be withheld is already publicly available and you have not provided sufficient justification for the NRC to determine that withholding the information is in the public interest.
Specifically, some of the information sought to be withheld (1) is publicly available from the NRC; (2) was provided publicly to the NRC with the submittal of NEI 20-07, Draft Revision D; (3) is available in other parts of Draft Revision E that are not being withheld; and (4) has not been held in confidence by NEI. Further, you have not demonstrated that the information at issue meets any of the exemptions from disclosure in 10 CFR 2.390. The reasons for NRC
staffs decision on this matter were discussed with your staff during a closed public meeting on January 23, 2024.
Accordingly, we have concluded that some of the information sought to be withheld from public disclosure does not warrant being withheld, in accordance with 10 CFR 2.390. Therefore, your request to withhold NEI 20-07, Draft Revision E, Guidance for Addressing Common Cause Failure in High Safety-Significant Safety-Related Digital I&C Systems, from public disclosure is denied.
Within 30 days of the date of this letter, the subject document will be placed in the NRCs Public Document Room. If, within 30 days of the date of this letter, you request withdrawal of the documents in accordance with 10 CFR 2.390(c), your request will be considered in light of applicable statutes and regulations and a determination made whether the documents will be withheld from public disclosure and returned to you.
If you have any questions regarding this matter, I may be reached at 301-415-2871 or michael.marshall@nrc.gov.
Sincerely,
/RA/
Michael L. Marshall, Jr., Senior Project Manager Plant Licensing Branch I Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Project No: 99902028
ML24008A039 OFFICE NRR/DORL/LPL1/PM NRR/DORL/LLPB/LA NRR/DRA/APLC/BC NRR/DEX/EICB/BC NRR/DEX/ELTB/BC NAME MMarshall DHarrison SVasavada FSacko JPaige DATE 1/5/2024 1/19/2024 01/24/2024 01/24/2024 01/26/2024 OFFICE NRR/DANU/UTB1/BC OGC - NLO NRR/DORL/LLPB/BC NRR/DORL/LPL1/PM NAME GOberson MWright GGeorge MMarshall DATE 01/23/2024 02/06/2024 02/07/2024 02/12/2024