ML24298A238
| ML24298A238 | |
| Person / Time | |
|---|---|
| Site: | 99902123 |
| Issue date: | 11/07/2024 |
| From: | Kevin Roche NRC/NRR/DANU/UAL2 |
| To: | Williamson T Shepherd Power |
| Roche K | |
| References | |
| Download: ML24298A238 (1) | |
Text
Mr. Timothy Williamson, Director Regulatory and Public Affairs Shepherd Power, LLC.
10353 Richmond Ave, Houston, TX 77042
SUBJECT:
REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR SHEPHERD POWER, LLCS., LETTER TITLED SHEPHERD POWER LLC REGULATORY ENGAGEMENT PLAN
Dear Mr. Williamson:
By letter dated October 1, 2024 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML24275A109), Shepherd Power, LLC., (Shepherd Power) submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) staff requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390, Public inspections, exemptions, requests for withholding:
Shepherd Power LLC Regulatory Engagement Plan 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 from public disclosure is owned and has been held in confidence by Shepherd Power.
- b. This kind of information is customarily held in confidence by Shepherd Power and not publicly disclosed to preserve future commercial plans and opportunities still under consideration.
- c. This information is transmitted and to be received by the Commission in confidence.
- d. The information is not available from public sources.
- e. Public disclosure of this information would cause substantial harm to Shepherd Power, as it would allow competitors to alter their expenditure of resources or licensing approach to gain a competitive advantage in the design, development, manufacture, installation, assurance of quality, or licensing of similar products and services.
November 7, 2024
T. Williamson f.
The information requested to be withheld is generated at significant labor and expense to Shepherd Power and could be used by competitors to infer planned commercial offerings like price, delivery, and service levels from Shepherd Power to potential customers.
Shepherd Power has concluded that the report referenced above contains proprietary information throughout, for the reasons set forth in sections (a) through (f) above.
The NRC staff has reviewed the affidavit and the material in accordance with the requirements of 10 CFR 2.390 and, based on the statements in the affidavit, has determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. In addition, the NRC staff has 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, 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 the public inspection will not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC staff may send copies of the information to consultants working in this area. The NRC staff will 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, Shepherd Power should promptly notify the NRC staff. Shepherd Power also should understand that the NRC staff may have cause to review this determination in the future if, for example, the scope of a Freedom of Information Act request includes Shepherd Power information.
In all review situations, the NRC staff will follow applicable laws, regulations, and policies in conducting its review, including the NRCs policies on notifying the owner of information in advance of any public disclosure.
T. Williamson If you have any questions regarding this matter, please contact me at (301) 415-1554 or via email at Kevin.Roche@nrc.gov.
Sincerely, Kevin M. Roche, Project Manager Advanced Reactor Licensing Branch 2 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No.: 99902133 cc: william.jessup@nov.com Signed by Roche, Kevin on 11/07/24
ML24298A238 NRR-106 OFFICE NRR/DANU/UAL2:PM NRR/DANU/UAL2:LA NRR/DANU/UAL2:BC NRR/DANU/UAL2:PM NAME KRoche CSmith JSegala KRoche DATE 11/1/2024 11/6/2024 11/7/2024 11/7/2024