ML24194A140
| ML24194A140 | |
| Person / Time | |
|---|---|
| Site: | 07007033 |
| Issue date: | 07/12/2024 |
| From: | Knowles T Global Laser Enrichment |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| References | |
| REGS-PLEF-NRC-LTR-1000001 | |
| Download: ML24194A140 (1) | |
Text
Global Laser Enrichment LLC
Timothy Knowles Licensing & Regulatory Affairs Manager
4110 U.S. Highway 421 Suite 100 July 12, 2024 Wilmington, NC 28401
O +1 910- 623-4336 M +1 432-425-5525 Directory, Office of Nuclear Material Safety and Safeguards timothy.knowles@gle-us.com U.S. Nuclear Regulatory Commission Attn: Document Control Desk Docket 70- 7033 Washington, DC 20555-0001
Subject:
GLOBAL LASER ENRICHMENT (GLE) ONLINE REFERENCE PORTAL INFORMATION ACCESS AGREEMENT
Global Laser Enrichment LLC (GLE) and the U.S. Nuclear Regulatory Commission (NRC) staff discussed the use of an online reference portal to provide the authorized NRC staff and contractors with limited, read-only access during pre-application meetings. The use of the online reference portal enables the NRC staff to access reference materials supporting the Paducah Laser Enrichment Facility (PLEF) License Application, which would otherwise require the NRC staff to travel to GLEs facilities to review.
The NRC and GLE agree that the enclosed Information Access Agreement (Agreement) is the only acknowledgement form Authorized NRC Staff and Contractors will sign to access to the online reference portal, although the Parties will separately agree upon a list of authorized users.
Proposed modifications or additions to the Information Access Agreement will need to be submitted to the NRC staff for review and approval. If the NRC staff determines that information accessed via the online reference portal should be submitted to the NRC and evaluated as part of GLEs license application, the NRC staff will request that GLE formally submit such information in accordance with Title 10 of the Code of Federal Regulations Section 70.5, Communications, as stated in Section 5 of the Agreement.
If there are any questions regarding this letter and its contents, please do not hesitate to contact me.
Sincerely,
Tim Knowles Licensing & Regulatory Affairs Manager
Enclosure (1)
cc: M. Bartlett (NRC, NMSS)
L. Pitts (NRC, RII)
M. Murphy (GLE)
D. Stevens (GLE Records)
REGS-PLEF-NRC-LTR -1000001 Page 1 of 4 INFORMATION ACCESS AGREEMENT BETWEEN GLOBAL LASER ENRICHMENT AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION
This agreement is made and effective on this (Effective Date) by and between the UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC) and GLOBAL LASER ENRICHMENT LLC (GLE) (collectively the Parties) for the purpose of facilitating the NRCs access to an online reference portal maintained by GLE, through which NRC staff and contractors approved in accordance with Section 1 (the Authorized NRC Staff and Contractors) may access certain documents related to the licensing and construction of the Paducah Laser Enrichment Facility (PLEF) to be located in Paducah, KY.
Whereas GLE desires to enhance the NRCs ability to timely and efficiently perform its regulatory licensing and oversight functions with respect to the PLEF, including by providing the Authorized NRC Staff and Contractors with access to certain documents owned by or under the control of GLE through an online reference portal so that the NRC staff may access such information in a timely manner; and
Whereas information accessed by the Authorized NRC Staff and Contractors may consist of information considered by GLE to be trade secrets, or privileged or confidential commercial and financial information (Proprietary Information), which by their nature may be considered to be Export Controlled Information; and
Whereas GLE is willing to make such Proprietary Information available to the Authorized NRC Staff and Contractors for the purpose of promoting timely and efficient NRC regulatory licensing and oversight of the PLEF, subject to the terms and conditions set forth below.
The Parties mutually agree as follows:
Terms:
- 1. At no charge to the NRC staff, GLE agrees to maintain and make available to the Authorized NRC Staff and Contractors an online reference portal in which GLE will provide access to documents relating to the PLEF, which may include Proprietary Information.
GLE will provide the NRC staff with login credential access to the online reference portal.
The Parties will separately agree upon a list of Authorized NRC Staff and Contractors permitted to use the login credential access. This list of the authorized users will include only the NRC staff and contractors who have been determined to have a requisite need to access the online reference portal in furtherance of official duties in relation to regulatory licensing and oversight of the PLEF. This list of authorized users may be revised from time to time upon agreement of the Parties. The points of contact for the Parties for the purpose of agreeing upon the list of authorized users are GLEs Licensing and Regulatory Affairs Manager (for GLE); and the NRCs Project Manager for GLE (for the NRC).
- 2. The Authorized NRC Staff and Contractors may use the online reference portal only to access GLE documents, including Proprietary Information, and only in furtherance of official duties and in accordance with any of GLEs reasonable policies and procedures governing access and use. The Parties expressly recognize that GLE reserves the right to revoke the NRC staff access to the portal at any time.
REGS-PLEF -NRC-LTR -1000001 Page 2 of 4 Docket 70- 7033
- 3. The online reference portal will be available to the Authorized NRC Staff and Contractors through read only access with the capability to (a) control the online reference portal application, and (b) print, save, or download information from the online reference portal.
- 4. The Parties expressly acknowledge that documents placed into the online reference portal and made available to the Authorized NRC Staff and Contractors are owned by and under the control of GLE. The NRC staff does not consider documents placed in the online reference portal to constitute agency records for purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the NRCs implementing FOIA regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 9. The fact that GLE makes Proprietary Information available to the NRC staff as provided in this Agreement shall not, in and of itself, be construed as a waiver of the proprietary nature of such Proprietary Information, or as an indication that such information residing within the online reference portal is not owned by, under the control of and in the possession of GLE.
- 5. If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory licensing and oversight responsibilities with respect to the PLEF, the NRC staff will request that GLE formally submit such information in accordance with 10 CFR § 70.5, Communications. GLE shall abide by the requirements in 10 CFR § 2.390(b) when submitting such information to the NRC staff if GLE seeks to have information contained within that correspondence withheld from public disclosure. If the NRC receives a FOIA request that encompasses records formally submitted by GLE to the NRC in accordance with the affidavit requirements, NRC shall promptly notify GLE and such information shall be subject to disclosure only in accordance with the provisions of 10 CFR § 9.19, Segregation of exempt information and deletion of identifying details.
- 6. Information made available to the Authorized NRC Staff and Contractors only through the online reference portal does not constitute communications as part of the formal licensing, oversight, or enforcement functions with respect to the PLEF pursuant to applicable regulations contained in 10 CFR. GLE is not required to submit an affidavit or mark documents in accordance with 10 CFR § 2.390 when making them accessible through the online reference portal. GLE makes no warranty, guarantee, or representation as to the completeness or accuracy of information that the Authorized NRC Staff and Contractors access through the portal. The NRC requirements governing completeness and accuracy of information apply to any information that GLE submits to the NRC in accordance with NRC regulations, or information that GLE is otherwise required to maintain or provide pursuant to statute, order, license, or regulation.
- 7. This Agreement may be modified at any time in a writing signed by the Parties. Either party shall have the right, upon written notice to the other party, to terminate this Agreement, in whole or in part, at any time, without cost, penalty, or liability to any party.
REGS-PLEF -NRC-LTR -1000001 Page 3 of 4 Docket 70- 7033 IN WITNESS WHEREOF, the undersigned have executed this Agreement.
UNITED STATES NUCLEAR REGULATORY COMMISSION
By: By:
Title:
Title:
Date: Date:
GLOBAL LASER ENRICHMENT LLC
By:
Title:
Date:
REGS-PLEF-NRC-LTR -1000001 Page 4 of 4 Docket 70- 7033