ML24137A035
| ML24137A035 | |
| Person / Time | |
|---|---|
| Site: | 99902101 |
| Issue date: | 05/15/2024 |
| From: | NRC |
| To: | NRC/NRR/DNRL |
| References | |
| Download: ML24137A035 (6) | |
Text
From:
Victoria Huckabay (She)
Sent:
Wednesday, May 15, 2024 11:05 AM To:
Ross Moore Cc:
Michelle Hayes; Sean Gallagher; Carmen Teolis; Oklo-SNF-ReprocessingPUBLICem Resource
Subject:
Request for Withholding Information from Public Disclosure for Oklo Inc.
Licensing Project Plan (Fuel Recycling): 1Q2024 Update Attachments:
ML24116A016 - Withholding Determination Oklo LPP 1Q2024 Update 050624.pdf Good morning, Ross, Attached to this message is the letter documenting the NRC staffs determination for withholding information from public disclosure pursuant to 10 CFR 2.390. This proprietary information determination applies to the Oklo Licensing Project Plan for Fuel Recycling, 1Q2024 Update, submitted on March 29, 2024.
If you have any questions, please do not hesitate to contact me.
Docket No: 99902101 Best Regards, Victoria Huckabay Victoria V. Huckabay Senior Project Manager NRR/DNRL/NLIB (301) 415-5183
Hearing Identifier:
Oklo_SNF_Reprocessing_Public Email Number:
3 Mail Envelope Properties (DM8PR09MB63733DD3F4A17ADDCA4B49A1E8EC2)
Subject:
Request for Withholding Information from Public Disclosure for Oklo Inc.
Licensing Project Plan (Fuel Recycling) 1Q2024 Update Sent Date:
5/15/2024 11:04:47 AM Received Date:
5/15/2024 11:04:52 AM From:
Victoria Huckabay (She)
Created By:
Victoria.Huckabay@nrc.gov Recipients:
"Michelle Hayes" <Michelle.Hayes@nrc.gov>
Tracking Status: None "Sean Gallagher" <Sean.Gallagher@nrc.gov>
Tracking Status: None "Carmen Teolis" <carmen@oklo.com>
Tracking Status: None "Oklo-SNF-ReprocessingPUBLICem Resource"
<Oklo-SNF-ReprocessingPUBLICem.Resource@nrc.gov>
Tracking Status: None "Ross Moore" <ross@oklo.com>
Tracking Status: None Post Office:
DM8PR09MB6373.namprd09.prod.outlook.com Files Size Date & Time MESSAGE 577 5/15/2024 11:04:52 AM ML24116A016 - Withholding Determination Oklo LPP 1Q2024 Update 050624.pdf 272238 Options Priority:
Normal Return Notification:
No Reply Requested:
No Sensitivity:
Normal Expiration Date:
May 6, 2024 Ross Moore Director of Regulatory Affairs Oklo Inc.
3190 Coronado Dr.
Santa Clara, CA 95054
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OKLO INC. LICENSING PROJECT PLAN (FUEL RECYCLING): 1Q2024 UPDATE
Dear Ross Moore:
By letter dated March 29, 2024, you submitted an affidavit requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390, Public inspections, exemptions, requests for withholding, of Title 10 of the Code of Federal Regulations (10 CFR): 1, 2
, Oklo Inc. Licensing Project Plan (Fuel Recycling): 1Q2024 Update3 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (4)(c)(i) through (c)(xi) shown below:
(4)(c) The information is of the type that would customarily be held in confidence by Oklo policy, which holds that information is to be 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:
(i)
It contains information descriptive of proprietary technology, where preventing its use by any of Oklos competitors without license from Oklo constitutes a competitive economic advantage over other companies.
(ii)
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.
1 Letter from R. Moore to NRC, Oklo Inc. Licensing Project Plan (Fuel Recycling): 1Q2024 Update, dated March 29, 2024 (Agency Documents Accession Management System (ADAMS) Accession No. ML24089A124, part of ADAMS package ML24089A123).
2 Letter from R. Moore to NRC, Enclosure 1: Affidavit Pursuant to 10 CFR 2.390, March 29, 2024 (ML24089A126, part of ADAMS package ML24089A123).
3 Letter from R. Moore to NRC, Enclosure 2: Oklo Inc. Licensing Project Plan (Fuel Recycling):
1Q2024 Update, dated March 29, 2024 (ML24089A125, part of ADAMS package ML24089A123).
R. Moore 2
(iii)
It reveals or can be used to infer cost or price information, production capacities, budget levels, or commercial strategies of Oklo, its customers, or suppliers.
(iv)
It reveals or can be used to infer aspects of past, present, or future Oklo or customer-funded development plans and programs of potential commercial value to Oklo.
(v)
It contains patentable ideas, for which patent protection may be desirable.
(vi)
The use of such information by Oklo gives Oklo a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Oklo competitive position.
(vii)
It includes information that is marketable in many ways. The extent to which such information is available to competitors diminishes Oklos ability to sell products and services involving the use of the information.
(viii)
Use by our competitor(s) would put Oklo at a competitive disadvantage by reducing their expenditure of resources at our expense.
(ix)
Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Oklo of a competitive advantage.
(x)
Unrestricted disclosure would jeopardize the position of prominence of Oklo in the world market, and thereby give a market advantage to the competition of those countries.
(xi)
The capacity of Oklo and its investors to invest corporate assets in research and development depends upon the success in obtaining and maintaining a competitive advantage.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, 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.
Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
R. Moore 3
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 Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at 301-415-5183.
Sincerely, 5/6/2024 X
Signed by: Victoria V. Huckabay Victoria V. Huckabay, Senior Project Manager Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No. 99902101