ML24128A059

American Centrifuge Plant Providing Supplemental Information Related to Foreign Ownership, Control, or Influence Information

ML24128A059
Person / Time
Site:	07007004
Issue date:	04/22/2024
From:	Karen Fitch American Centrifuge Operating
To:	Susan Abraham Division of Security Operations, Document Control Desk, Office of Nuclear Material Safety and Safeguards
Shared Package
ML24128A061	List: ML24128A059
References
ACO 24-0006
Download: ML24128A059 (1)

Text

CUI// PROPIN Proprietary Information

April 22, 2024 ACO 24-0006

ATTN: Document Control Desk Susan Abraham, Acting Director Division of Security Operations Office of Nuclear Security and Incident Response U.S. Nuclear Regulatory Commission Washington, DC 20555-0001

American Centrifuge Plant, Docket No. 70-7004; License No. SNM-2011

Supplemental Information Related to Foreign Ownership, Control, or Influence Information

INFORMATION TRANSMITTED HEREWITH IS PROTECTED FROM PUBLIC DISCLOSURE AS CONFIDENTIAL COMMERCIAL OR FINANCIAL INFORMATION AND/OR TRADE SECRETS PURSUANT TO 10 CFR 2.390 AND 9.17(a)(4)

Dear Susan Abraham:

In accordance with a commitment made within Reference 1, the purpose of this letter is to submit American Centrifuge Operating, LLC's (ACO) unaudited financial information for calendar year 2023 for U.S. Nuclear Regulatory Commission review (Enclosure 1).

contains Proprietary Information and ACO requests that this enclosure be withheld from public disclosure pursuant to 10 Code of Federal Regulations (CFR) 2.390(a)(4). An affidavit required by 10 CFR 2.390(b)(l)(ii) is provided within Enclosure 2.

If any further information is needed to complete the review of this supplemental information, please contact me at (740) 897-3859.

Sincerely,

K~:t:j.~

Regulatory Manager

Document/matter transmitted contains CUI// PROPIN Proprietary Information When separated from Enclosure 1, this cover letter and Enclosure 2 are uncontrolled.

American Centrifuge Operating, LLC 3930 U.S. Route 23 South - P.O. Box 628 Piketon, OH 45661 CUI // PROPIN Proprietary Information

Susan Abraham April 22, 2024 ACO 24- 0006,Page 2

Enclosures:

As stated

Reference:

1. Letter ACO 20- 0005 from L.B. Cutlip to M. Bailey (NRC) regarding Supplemental Information Related to Foreign Ownership, Control, or Influence Information, dated January 29, 2020

cc (without E nclosures unless otherwise noted):

S. Bazian, NRC HQ (Enclosures)

C. Blanton, DOE Idaho Y. Faraz, NRC HQ (Enclosures)

A. Ford, DOE Idaho J. Hutson, Contractor (Enclosures)

J. Lingard, DOE Idaho L. Pitts, NRC Region II (Enclosures)

M. Reim, DOE NE R. Ruppert, NRC HQ (Enclosures)

D. Woodyatt, NRC HQ (Enclosures)

Document/matter transmitted contains CUI // PROPIN Proprietary Information When separated from Enclosure 1, this cover letter and Enclosure 2 are uncontrolled.

Enclosure 2of ACO 24- 0006

Affidavit

Information Contained Within Does Not Contain Export Controlled Information Reviewing Official: Lori Hawk, ACO Date: 04/16/2024

AFFIDAVIT OF LARRY B. CUTLIP SUPPORTING APPLICATION TO WITHHOLD FROM PUBLIC DISCLOSURE CERTAIN INFORMATION PROVIDED TO NRC IN LETTER ACO 24- 0006

I, Larry B. Cutlip, of American Centrifuge Operating, LLC (ACO), having been duly

sworn, do herby affirm and state:

1. I am the President of ACO and have been authorized by ACO to (a) review the information

owned by ACO which is referenced herein and attached hereto relating to a supplement to

the Foreign Ownership, Control or Influence (FOCI) information specific to ACO described

in letter ACO 24- 0006, which ACO seeks to have withheld from public disclosure pursuant

to section 147 of the Atomic Energy Act (AEA), as amended, 42 U.S.C. § 2167, and 10 CFR

2.390(a)(4), and 9.17(a)(4), and (b) apply for the withholding of such information from

public disclosure by the U.S. Nuclear Regulatory Commission (NRC) on behalf of ACO, and

(c) sign and file with the NRC this affidavit and the attachments hereto.

2. Consistent with the provisions of 10 CFR 2.390(b)(4) of the Commissions regulations, the

following is furnished for consideration by the Commission in determining whether the

information sought to be withheld from public disclosure should be withheld.

i. The information sought to be withheld from public disclosure is owned and has been held

in confidence by ACO.

ii. The information is of a type customarily held in confidence by ACO and not customarily

disclosed to the public. ACO has a rational basis for determining the types of

information customarily held in confidence by it and, in that connection, utilizes a system

to determine when and whether to hold certain types of information in confidence. The

application of that system and the substance of that system constitute ACO policy and

provide the rational basis required. Under that system, information is held in confidence

if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:

a) The information reveals the distinguishing aspects of a process (or component,

structure, tool, method, etc.) where presentation of its use by any of Centrus/ACOs

competitors without license from ACO constitutes a competitive economic advantage

over other companies.

b) It consists of supporting data, including test data, relative to a process (or component,

structure, tool, method, etc.), the application of which data secures a competitive

economic advantage (e.g., by optimization or improved marketability).

c) Its use 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 a similar product.

d) It reveals cost or price information, production capacities, budget levels, or

commercial strategies of ACO, its customers or suppliers.

e) It reveals aspects of past, present, or future ACO or customer funded development

plans and programs of potential commercial value to ACO.

f) It reveals information concerning the terms and conditions, work performed,

administration, performance under or extension of contracts with its customers or

suppliers.

iii. There are sound policy reasons behind the ACO system which include the following:

a) The use of such information by ACO gives ACO an advantage over its competitors.

It is, therefore, withheld from disclosure to protect the ACO position.

b) It is information which is marketable in many ways. The extent to which such

information is available to competitors diminishes ACOs ability to sell products and

services involving the use of the information.

c) Use by our competitors would put ACO at a competitive disadvantage by reducing their expenditure of resources at ACO expense.

d) Each component of proprietary information pertinent to a particular competitive

advantage is potentially as valuable as the total competitive advantage. If competitors

acquire components or proprietary information, any one component may be the key to

the entire puzzle, thereby depriving ACO of a competitive advantage.

e) Unrestricted disclosure would jeopardize the position of prominence of ACO in the

world market, and thereby provide an advantage to the markets in competing

countries.

f) The ACO capacity to invest corporate assets in research and development depends

upon the success in obtaining and maintaining a competitive advantage.

iv. The information is being transmitted to the Commission in confidence and, under the

provisions of 10 CFR Section 2.390, it is to be received in confidence by the

Commission.

v. The information sought to be protected is not available in public sources or available

information has not been previously employed in the same original manner or method to

the best of our knowledge and belief.

3. The proprietary information sought to be withheld is contained in Enclosure 1 of ACO

24- 0006.This letter provides NRC with subsidiary company financial information.

4. The statements made and matters set forth herein are true and correct to the best of my

knowledge, information, and belief.

Further the affiant sayeth not.

On this 22 nd day of April 2024, Larry B. Cutlip personally appeared before me, is known

by me to be the person whose name is subscribed to within the instrument and acknowledged

that he executed the same for the purposes therein contained.

In witness hereof I hereunto set my hand and official seal.

K;thlcher State of Tennessee Notary Public Anderson County My commission expires October 26, 2024