ML24278A136
| ML24278A136 | |
| Person / Time | |
|---|---|
| Site: | 99902049 |
| Issue date: | 11/25/2024 |
| From: | Hayes M NRC/NRR/DNRL/NLIB |
| To: | Fleming A Holtec |
| References | |
| Download: ML24278A136 (4) | |
Text
November 25, 2024 Ms. Jean A. Fleming Vice President of Licensing, Regulatory Affairs & PSA Holtec International 1 Holtec Boulevard Camden, NJ 08104
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR SMR, LLC, A HOLTEC INTERNATIONAL COMPANY
Dear Ms. Fleming:
By letter dated September 6, 2024, 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).1,2
- SMR, LLC - Planned SMR-300 LWA Exemption Requests and LWA Application Contents, dated September 6, 2024.3 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs shown below:
(4)a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies.
(5)
The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International and is in fact so held.
The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.
1 Letter from J. Fleming to NRC, SMR, LLC Request for Documents for Development of the SMR-300 (Project No. 99902049), dated September 6, 2024. (Agencywide Documents Access and Management System (ADAMS) ML24250A155, part of package ML24250A154).
2 Enclosure 2: SMR, LLC - Affidavit, dated September 6, 2024 (ML24250A157, part of package ML24250A154).
3 Enclosure 1: SMR, LLC - Planned SMR-300 LWA Exemption Requests and LWA Application Contents, dated September 6, 2024. (ML24250A160, part of package ML24250A154).
J. Fleming 2
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's SMR-300 technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.
We have reviewed 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. In addition, we have determined that the document contains extensive proprietary information to an extent that a non-proprietary (i.e., redacted) version would be of no value to the public.
Therefore, Enclosure 1, 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.
J. Fleming 3
If you have questions regarding this matter, please contact Gregory Cranston at (301) 415-0546 or by via email at Gregory.Cranston@nrc.gov Sincerely,
/RA/
Michelle W. Hayes, Chief Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket No: 99902049 cc: M. Sampson S. Lee K. Trice, (SMR, LLC)
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