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

April 22, 2024 ACO 24-0006 CUI// PROPIN Proprietary Information 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 Document/matter transmitted contains CUI // PROPIN Proprietary Information When separated from Enclosure 1, this cover letter and Enclosure 2 are uncontrolled.

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 Enclosures 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)

of 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 22nd 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