ML24058A353
| ML24058A353 | |
| Person / Time | |
|---|---|
| Site: | 99902118 |
| Issue date: | 04/17/2024 |
| From: | Michael Wentzel NRC/NRR/DANU/UAL2 |
| To: | Rearden B X-Energy |
| Ondra Dukes, NRR/DANU | |
| References | |
| Download: ML24058A353 (1) | |
Text
Dr. Bradley Rearden, Sr. Director Microreactor Program X Energy, LLC.
801 Thompson Avenue Rockville, MD 20852
SUBJECT:
X ENERGY, LLC., XENITH MICROREACTOR - ONLINE REFERENCE PORTAL INFORMATION ACCESS AGREEMENT
Dear Dr. Rearden:
X Energy, LLC (X-energy) and the U.S. Nuclear Regulatory Commission (NRC) staff discussed the use of an online reference portal that would provide the authorized NRC staff and contractors with limited read-only access to certain materials owned by and under the control of X-energy. The purpose of the online reference portal is to enhance the NRCs ability to timely and efficiently perform its regulatory licensing responsibilities by providing access to reference materials. If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or is otherwise necessary to support the NRC staffs regulatory licensing responsibilities, the NRC staff will request that X-energy formally submit such information in accordance with Title 10 of the Code of Federal Regulations Section 50.4, Written communications.
The enclosed Information Access Agreement should be used as the only acknowledgement form for the authorized NRC staff and contractors access to the online reference portal. Any proposed modification or addition to the enclosed Information Access Agreement would require further review by the NRC staff. The NRC staff requests that the X-energy staff sign, date, and return the Information Access Agreement enclosed with this letter.
April 17, 2024
B. Rearden If you have any questions about this matter, please contact Patrick Boyle at (301) 415-3963 or via email at Patrick.Boyle@nrc.gov.
Sincerely, Michael J. Wentzel, Chief Advanced Reactor Licensing Branch 2 Division of Advanced Reactors and Non-power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No. 99902118
Enclosure:
As stated cc: mdudek@x-energy.com brearden@x-energy.com Signed by Wentzel, Michael on 04/17/24
ML24058A353 NRR-106 OFFICE NRR/DANU/UAL2:PM NRR/DANU/UAL2:PM NRR/DANU/UAL2:LA NAME ODukes PBoyle CSmith DATE 04/16/2024 04/17/2024 03/28/2024 OFFICE NRR/DANU/UAL2:BC OGC NRR/DANU:DD NAME MWentzel DRoth JBowen DATE 04/02/2024 04/15/2024 04/17/2024 OFFICE NRR/DANU/UAL2:BC NAME MWentzel DATE 04/17/2024
Enclosure INFORMATION ACCESS AGREEMENT BETWEEN X ENERGY, LLC., AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION This agreement is made and effective on this _______ day of _______, 2024 (Effective Date) by and between the United States Nuclear Regulatory Commission (NRC) and X Energy, LLC.,
(X-energy) (collectively the Parties) for the purpose of facilitating the NRCs access to an online reference portal maintained by X-energy, through which the NRC staff and contractors approved, in accordance with Section 1 (the authorized NRC staff and contractors), may access certain documents related to activities associated with the X-energy XENITH microreactor design.
Whereas X-energy desires to enhance the NRCs ability to timely and efficiently perform its regulatory licensing responsibilities with respect to activities associated with the XENITH microreactor design, including by providing the authorized NRC staff and contractors with access to certain documents owned by or under the control of X-energy through an online reference portal so that the NRC staff may access such information in a timely manner; and Whereas information accessed by the authorized NRC staff and contractors may consist of information considered by X-energy to be trade secrets or privileged or confidential commercial and financial information (Proprietary Information); and Whereas X-energy is willing to make such Proprietary Information available to the authorized NRC staff and contractors for the purpose of promoting timely and efficient performance of the NRCs regulatory licensing responsibilities with respect to activities associated with the XENITH microreactor design, subject to the terms and conditions set forth below.
The Parties mutually agree as follows:
Terms:
1.
At no charge to the NRC staff, X-energy agrees to maintain and make available to the authorized NRC staff and contractors, an online reference portal in which X-energy will provide access to documents relating to activities associated with the XENITH microreactor design, which may include Proprietary Information. X-energy will provide the NRC staff with login credential access to the online reference portal. The Parties will separately agree upon a list of the authorized NRC staff and contractors permitted to use the login credential access. This list of the authorized users will include only the NRC staff and contractors who have been determined to have a requisite need to access the online reference portal in furtherance of official duties in relation to regulatory licensing responsibilities with respect to activities associated with the XENITH microreactor design. This list of authorized users may be revised from time to time upon agreement of the Parties. The points of contact for the Parties, for the purpose of agreeing upon the list of authorized users, are X-energys Project Director (for X-energy) and the NRCs Lead Project Manager for X-energys XENITH microreactor (for the NRC).
2.
The Authorized NRC staff and contractors may use the online reference portal only to access X-energy documents, including Proprietary Information, and only in furtherance of official duties and in accordance with any of X-energys reasonable policies and procedures governing access and use. The Parties expressly recognize that X-energy reserves the right to revoke the NRC staffs access to the portal at any time.
3.
The online reference portal will be available to the authorized NRC staff and contractors through read only access with no capability to: (a) modify information on the online reference portal, (b) control the online reference portal application, or (c) print, save, or download information from the online reference portal.
4.
The Parties expressly acknowledge that documents placed into the online reference portal and made available to the authorized NRC staff and contractors are owned by and under the control of X-energy. The NRC staff does not consider documents placed in the online reference portal to constitute agency records for purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the NRCs implementing FOIA regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 9. The fact that X-energy makes Proprietary Information available to the NRC staff as provided in this agreement shall not, in and of itself, be construed as a waiver of the proprietary nature of such Proprietary Information, or as an indication that such information residing within the online reference portal is not owned by, under the control of, and in the possession of X-energy.
5.
If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory licensing responsibilities with respect to activities associated with the XENITH microreactor design, the NRC staff will request that X-energy formally submit such information in accordance with 10 CFR § 50.4, Written communications. X-energy shall abide by the requirements in 10 CFR § 2.390(b) when submitting such information to the NRC staff if X-energy seeks to have information contained within that correspondence withheld from public disclosure. If the NRC receives a FOIA request that encompasses records formally submitted by X-energy to the NRC in accordance with the affidavit requirements, such information shall be subject to disclosure only in accordance with the provisions of 10 CFR § 9.19, Segregation of exempt information and deletion of identifying details.
6.
Information made available to the authorized NRC staff and contractors only through the online reference portal does not constitute communications as part of the formal licensing, oversight, or enforcement functions with respect to the XENITH microreactor design pursuant to applicable regulations contained in 10 CFR. X-energy is not required to submit an affidavit or mark documents in accordance with 10 CFR § 2.390 when making them accessible through the online reference portal. X-energy makes no warranty, guarantee, or representation as to the completeness or accuracy of information that the authorized NRC staff or contractors access through the portal.
The NRC requirements governing completeness and accuracy of information apply to any information that X-energy submits to the NRC in accordance with NRC regulations, or information that X-energy is otherwise required to maintain or provide pursuant to statute, order, license, or regulation 7.
This Agreement may be modified at any time in writing signed by the Parties. Either party shall have the right, upon written notice to the other party, to terminate this Agreement, in whole or in part, at any time, without cost, penalty, or liability to any party.
IN WITNESS WHEREOF, the undersigned have executed this Agreement.
UNITED STATES NUCLEAR REGULATORY COMMISSION By:
Title:
Deputy Director, Division of Advanced Reactors and Non-power Production and Utilization Facilities Date: _____________________________
X-energy By:
Title:
Date: ________________________________
Signed by Bowen, Jeremy on 04/17/24