ML24081A002

Letter and Affidavit Dated March 20, 2024, from Edlow International Regarding Emails Dated February 27 and 28 and Attachments Related to Responses to Aging Management Requests for Additional information-JM and Jrc (Docket Nos. 71-3004 and 7

ML24081A002
Person / Time
Site:	07103004, 07103035
Issue date:	03/20/2024
From:	Neely R Edlow International Co
To:	Boyle R, Garcia-Santos N Storage and Transportation Licensing Branch, US Dept of Transportation (DOT), Office of Hazardous Materials Safety
Shared Package
ML24046A242	List: ML24046A243 ML24046A244 ML24046A245 ML24046A246 ML24081A002
References
001794, L-2023-DOT-0005, L-2023-DOT-0006
Download: ML24081A002 (3)

Text

Edlow International Company 1666 Connecticut Ave., N.W., Suite 201 Washington, D.C. 20009, U.S.A.

Tel (202) 483-4959 Fax (202) 483-4840 FMC License No. 019368F

March 20, 2024

Norma Garcia Santos Project Manager Office of Nuclear Material Safety and Safeguards 115 5 5 Rockville Pike Rockville, MD 20852

Dear Ms. Garcia Santos:

Please find attached an Affidavit supporting withholding proprietary information from public disclosure pursuant to 10 CFR 2.390.

Please contact me for any further information you may need.

Thank you for your time and attention.

Most cordially yours,

~/}/_/-/

~ ell Neely f 1./4/"' vv/

Chief Operating Officer

Attachment:

Affidavit (3 pages) t U.S. Nuclear Regulatory Commission b

Affidavit Supporting Withholding Proprietary Information from Public Disclosure Pursuant to

10 CFR 2.390

1. My name is Russell Neely. I am the Chief Operating Officer for Edlow International

Company (Edlow) and am authorized to make this request for withholding.

2. The purpose of this affidavit is to request withholding of the information contained in two

emails, and all attachments, as described below :

Email #1: Dated February 27, 2024 11 :16 AM Sent to Boyle, Rick (PHMSA) <rick.boyle@dot.gov> ; <Kiran.Karanth@srs.gov>

Cc: Norma Garcia Santos <Norma.GarciaSantos@nrc.gov > ;

Sumrall, Matthew (PHMSA) <matthew.sumrall @ dot.gov >

Subject:

[Extemal_Sender] RE: JMS-87Y-18.5T and JRC-80Y-20T Package Design Certificates Attachments (3 in total) :

Roadmap JMS and JRC Packages Feb 27.2024 (pdf)

Scope of Work Summary JMS and JRC Aging Management (pdf)

Scope of Work Detailed Explanation Ageing Management Revised (pdf)

Email #2: Dated February 28, 2024 4:59 PM Sent to Boyle, Rick (PHMSA) <rick.boyle@dot.gov >

Cc: Norma Garcia Santos <Norma.GarciaSantos@nrc.gov> ;

Sumrall, Matthew (PHMSA) <matthew.sumrall@dot.gov> ; <Kiran.Karanth@srs.gov> ;

Norman Kent (kentnal@att.net)<kentnal@att.net>

Subject:

[Extemal _ Sender] RE: JMS-87Y-18.5T and JRC-80Y-20T Package Design Certificates No Attachments Copies of these emails and attachments are attached to this Affidavit.

1 U.S. Nuclear Regulatory Commission b

3. I am making this request for withholding under the provisions of 10 CFR 2.390 (a) (4) of

the regulations of the Nuclear Regulatory Commission (NRC) and submitting this

affidavit in conformance with the provisions of 10 CFR 2.390 (b) (1).

4. Pursuant to the provisions of 10 CFR 2.390 (a) (4), the following is provided for

consideration by the NRC in determining whether the information contained in the two

referenced emails and attachments should be withheld from public disclosure:

a) The information sought to be withheld from public disclosure is owned by Edlow and

has been held in confidence by Edlow and its consultant.

b) The information sought to be protected is not available to the public to the best of our

knowledge and belief, and it was never intended to be available to the public.

c) The information comprises trade secrets and commercial business practices of Edlow

and its consultant and is privileged and confidential information to Edlow. The

release of this information might result in the loss of existing or potential competitive

advantage, as explained below:

i) It contains information descriptive of proprietary business practices, and

preventing its use by Edlow's competitors constitutes a competitive

advantage over other companies.

ii) Its use by a competitor would reduce their expenditure of resources or

improve their competitive position relative to the subject matter of the two

emails, "Package Design Certificates".

iii) It reveals or can be used to infer levels of effort, cost or price information,

or commercial strategies of Edlow with respect to its customers.

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U.S. Nuclear Regulatory Commission iv) It reveals or can be used to infer aspects of past, present, or future Edlow

or customer projects of potential commercial value to Edlow.

v) The use of such information by Edlow gives Edlow a competitive

advantage over its competitors and it is accordingly withheld from public

disclosure precisely to protect the Edlow competitive position.

vi) It includes information that is marketable. The extent to which such

information is available to competitors diminishes Edlow's ability to sell

its services.

vii) Use by our competitors would put Edlow at a competitive disadvantage by

reducing their expenditure of resources, and at our expense.

viii) Unrestricted disclosure would jeopardize the position of prominence that

Edlow has in the world market, and thereby give a market advantage to

our competitors, who are worldwide.

d) It is therefore Edlow's request that the information in the two emails and attachments

referenced in this Affidavit be treated in confidence by the NRC and not publicly

disclosed.

I declare under penalty of perjury that the foregoing is true and correct to the best of my

knowledge and belief. Executed on the date listed below.

. Signed: ~,/~

Russell Neely Chief Operating Officer Edlow International Company

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