ML24255A101

Request for Withholding Information from Public Disclosure Energy Northwest Regulatory Engagement Plan, Revision 0

ML24255A101
Person / Time
Site:	Columbia, 99902130
Issue date:	09/12/2024
From:	Denise Mcgovern NRC/NRR/DANU/UAL2
To:	Linda Williams Energy Northwest
References
Download: ML24255A101 (1)

Text

Lisa Williams Nuclear Development P.O. Box 968, MD 1035 Richland, WA 99352-0968

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ENERGY NORTHWESTS REGULATORY ENGAGEMENT PLAN, REVISION 0

Dear Ms. Williams:

By letter dated August 26, 2024, (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24239A815) you submitted an affidavit requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390 of Title 10 of the Code of Federal Regulations (10 CFR):

Energy Northwest Regulatory Engagement Plan, Revision 0 (Proprietary)

A nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in ADAMS.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a. The information sought to be withheld in Enclosure 1 [2] has been held in confidence by EN [Energy Northwest] as confidential financial and commercial information.

b. The information is of a type that is customarily held in confidence by EN based on the rationale described in this affidavit.

c. The information is being transmitted to and, pursuant to 10 CFR 2.390, received by the NRC in confidence.

d. No public disclosure of the information has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or contractual agreements that provide for maintenance of the information in confidence.September 12, 2024

e. The information requested to be withheld contains information about the planned activities of EN related to development of the project, project development time frames, and relates the commercial strategy for the project.

Release of the information requested to be withheld would reveal valuable information regarding development, competitive expectations, assumptions, current position and strategy. Its use by a competitor could substantially improve the competitors position in licensing and construction of a similar project and harm continued financial support for this project.

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 version of 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.

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) 415-0681 or via email at Denise.McGovern@nrc.gov.

Sincerely, Denise McGovern, Senior Project Manager Advanced Reactors Licensing Branch 2 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation cc: llwilliams@energy-northwest.com klangdon@energy-northwest.com GVCULLEN@energy-northwest.com Signed by McGovern, Denise on 09/12/24

ML24255A101 NRR-106 OFFICE NRR/DANU/UAL:PM NRR/DANU/UAL2:LA NRR/DANU/UAL2:BC (A) NRR/DANU/UAL2:PM NAME DMcGovern CSmith SPhilpott DMcGovern DATE 09/11/2024 09/12/2024 09/12/2024 09/12/2024