ML24072A567
| ML24072A567 | |
| Person / Time | |
|---|---|
| Site: | 07109225 |
| Issue date: | 03/20/2024 |
| From: | Melendez-Colon D Storage and Transportation Licensing Branch |
| To: | Baldner H NAC International |
| References | |
| EPID L-2024-LLA-0018 | |
| Download: ML24072A567 (1) | |
Text
Heath Baldner, Director, Licensing NAC International Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092
SUBJECT:
NRC APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR NAC-LWT SAFETY ANALYSIS REPORT, REVISION 47 INCORPORATING CHANGES FROM COC REVISIONS 72 AND 73 AS APPROVED CONTENTS FOR TRANSPORT -
ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2024-LLA-0018
Dear Heath Baldner:
By letter dated January 10, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession Number ML24011A155), NAC International (NAC) submitted an affidavit dated January 10, 2024, executed by George Carver, you requested that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
NAC-LWT SAR Revision 47, Proprietary Version A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information Act (FOIA); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for trade secrets and commercial financial information obtained from a person, and privileged or confidential (Exemption 4).
The information for which exemption from disclosure is herein sought is all confidential commercial information, and some portions may also qualify under the narrower definition of trade secret, within the meanings assigned to those terms for purposes of FOIA Exemption 4.
Examples of categories of information that fit into the definition of proprietary information are:
a.
Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
March 20, 2024
H. Baldner 2
b.
Information that, 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.
Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.
d.
Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
e.
Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.
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.
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 FOIA request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified of the date of public disclosure, in advance which will be a reasonable time thereafter.
If you have any questions regarding this communication, please contact me at (301) 415-7295, or via email to Daneira.Melendez-Colon@nrc.gov.
Sincerely, Daneira Meléndez Colón, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 71-9225 EPID No.: L-2024-LLA-0018 Signed by Melendez-Colon, Daneira on 03/20/24
Ltr ML24072A567 OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NAME DMelendez-Colon OM WWheatley YDiaz-Sanabria YD DMelendez-Colon OM SFigueroa for SF DATE Mar 13, 2024 Mar 14, 2024 Mar 20, 2024 Mar 20, 2024