ML24253A160
| ML24253A160 | |
| Person / Time | |
|---|---|
| Site: | 07109316 |
| Issue date: | 09/06/2024 |
| From: | Hedger T Alpha-Omega Services |
| To: | Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML24253A154 | List: |
| References | |
| FM9006.1-092024-002 | |
| Download: ML24253A160 (1) | |
Text
Alpha-Omega Services, Inc.
Supplementary Affidavit ^,202
I, Troy Hedger, being duly sworn, depose and state as follows:
- 1. I am the CEO of Alpha-Omega Services, Inc. and have been delegated the function of reviewing the information described in paragraph 2, which is sought to be withheld, and have been authorized to apply for its withholding.
- 2. The information sought to be withheld consists of:
- a. Alpha-Omega Services, Inc.s drawing numbers: 105E9722, 166D8143, 166D8137, 166D8138, 105E9712, 105E9713 and 105E9719.
- 3. In designating material as proprietary, Alpha-Omega Services, Inc. utilizes the definition of proprietary information and trade secrets set forth in the American Law Institutes Restatement of Torts, Section 757. This definition provides:
A trade secret may consist of any formula, pattern, device or compilation of information which is used in ones business and which gives him an opportunity to obtain an advantage over competitors who do not know or use itA substantial element of secrecy must exist, so that, except by the use of improper means, there would be difficulty in acquiring informationSome factors to be considered in determining whether given information is ones trade secret are: (1) the extent to which the information is known outside of his business; (2) the extent to which it is known by his employees and others involved in this business; (3) the extent of measures taken by him to guard the secrecy of the Information; (4) the value of the information to him and his competitors; (5) the amount of effort or money expended by him in developing the information; (6) the ease or difficulty with which the information could be properly acquired or duplicated by others.
- 4. Some examples of categories of information which fit into the definition of proprietary information are:
- a. Information that discloses an apparatus where prevention of its use by Alpha-Omega Services competitors without license from Alpha-Omega Services constitutes a competitive economic advantage over other companies.
- b. Information which, if used by a competitor, would reduce his expenditure on resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
- c. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
- 5. Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within the
9156 Rose Street P. O. B o x 7 8 9 Bellflower, California, U.S.A 90706 Customer Service (800) 346-7894 (562) 804-0604 Fax: (562) 804-0610 www.alpha-omegaserv.com company is limited on a need to know basis, and such documents at all times are clearly identified as proprietary.
- 6. The procedure for approval of external release of such a document is reviewed by higher level management, Project Manager, or other equivalent authority for technical content, competitive effect, and determination of the accuracy of the proprietary designation in accordance with the standards enumerated above. Disclosures outside of Alpha-Omega Services, Inc. are generally limited to regulatory bodies, customers and potential customers and their agents, suppliers, and licensees only in accordance with appropriate regulatory provisions or proprietary agreements.
- 7. The documentation mentioned in paragraph 2 above has been evaluated in accordance with the above criteria and procedures and has been found to contain information which is proprietary, and which customarily held in confidence by Alpha-Omega Services, Inc.
- 8. The information mentioned in paragraph 2 provides information in support of the licensing of the AOS Transport Packaging System.
- 9. The information to the best of my knowledge and belief has consistently been held in confidence by Alpha-Omega Services, Inc., no public disclosure has been made, and it is not available in public sources. All disclosures to third parties have been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
- 10. Public disclosure of information sought to be withheld is likely to cause substantial harm to the competitive position of Alpha-Omega Services, Inc. and deprive or reduce the availability of profit-making opportunities because:
- a. It was developed with the expenditure of resources exceeding $4,000,000.
- b. Public availability of this information would deprive Alpha-Omega Services, Inc. of the ability to seek reimbursement and would permit competitors to utilize this information to Alpha-Omega Services, Inc.s detriment.
- c. Public availability of the information would allow competitors to obtain information at no cost which Alpha-Omega Services, Inc. developed at substantial cost. Use of this information by competitors would give them a competitive advantage over Alpha-Omega Services, Inc. by allowing competitors to design Type B packages at lower cost than Alpha-Omega Services, Inc.
The above initial evidential justification requesting that the information contained in the proprietary document be withheld from public disclosure is further supplemented by the additional following information.
Drawings 105E9722, 166D8143, 166D8137, 166D8138, 105E9712, 105E9713, and 105E9719 contain sufficiently detailed information to permit a competitor to copy the AOS Transport Packaging System design. For example, drawing 105E9722, 166D8143, 166D8137, 166D8138, 105E9712, 105E9713 and 105E9719 contain construction details for the package cask and impact limiters.
Alpha-Omega Services, Inc. feels that the information sought to be withheld is truly proprietary in nature. Public disclosure of this information, sought to be withheld, would permit Alpha-Omega Services, Inc.s competitors in need of similar Type B packaging to construct such packaging without incurring significant development cost. This would place Alpha-Omega Services, Inc. at a competitive disadvantage in making these Type B containers available to the industry.
9156 Rose Street P. O. B o x 7 8 9 Bellflower, California, U.S.A 90706 Customer Service (800) 346-7894 (562) 804-0604 Fax: (562) 804-0610 www.alpha-omegaserv.com State of Tennessee ss:
County of Williamson )
Troy Hedger, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at Franklin, Tennessee, thisday of ^202
Troy Hedger, President Alpha-Omega Services, Inc.
6th September 2024 Subscribed and sworn before me this day of
__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________Jesus !Perez Notary Public, State of TennesseearyPublicStat Seminole Florida
Notarized!remotely!online!using!communication!technology!via!Proof.
9156 Rose Street P. O. B o x 7 8 9 Bellflower, California, U.S.A 90706 Customer Service (800) 346-7894 (562) 804-0604 Fax: (562) 804-0610 www.alpha-omegaserv.com