ML25049A238
| ML25049A238 | |
| Person / Time | |
|---|---|
| Site: | Kemmerer File:TerraPower icon.png |
| Issue date: | 02/21/2025 |
| From: | Stephanie Devlin-Gill NRC/NRR/DANU/UAL1 |
| To: | George Wilson TerraPower |
| Jacqueline Tulip, NRR/DANU | |
| References | |
| Download: ML25049A238 (1) | |
Text
George Wilson Vice President, Regulatory Affairs TerraPower, LLC 15800 Northup Way Bellevue, WA 98008
SUBJECT:
REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - TERRAPOWER, LLC RESPONSES TO U.S.
NUCLEAR REGULATORY COMMISSION AUDIT QUESTIONS ON KEMMERER POWER STATION UNIT 1 PRELIMINARY SAFETY ANALYSIS REPORT
Dear George Wilson:
By letter dated October 28, 2024 (Agencywide Documents Access and Management System (ADAMS) Package Accession No. ML24310A241), TerraPower, LLC (TerraPower) submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) staff requesting that the data contained on a CD-ROM in response to the NRC staff audit 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. The information in Enclosure 2, the CD-ROM, contains data, calculations, and graphs that are considered trade secret, privileged, or as confidential commercial or financial information by TerraPower.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a.
The information has been held in confidence by TerraPower.
b.
The information is of a type customarily held in confidence by TerraPower and not customarily disclosed to the public. TerraPower has a rational basis for determining the types of information that it customarily holds in confidence and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application and substance of that system constitute TerraPower policy and provide the rational basis required.
c.
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is received in confidence by the Commission.
d.
This information is not available in public sources.
e.
TerraPower asserts that public disclosure of this non-public information is likely to cause substantial harm to the competitive position of TerraPower, because it would enhance the ability of competitors to provide similar products and services February 21, 2025
G. Wilson 2
by reducing their expenditure of resources using similar project methods, equipment, testing approach, contractors, or licensing approaches.
The NRC staff has reviewed the affidavit, executed on October 28, 2024, and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of 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.
Therefore, the NRC staff agrees that the submitted information 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 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 our 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, TerraPower should promptly notify the NRC staff. TerraPower also should understand that the NRC staff may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes TerraPower 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.
If you have any questions regarding this matter, please contact me at 301-415-5301 or via email at Stephanie.Devlin-Gill@nrc.gov.
Sincerely, Stephanie Devlin-Gill, Senior Project Manager Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.: 05000613 cc: TerraPower Natrium via GovDelivery Signed by Devlin-Gill, Stephanie on 02/21/25
ML25049A238 NRR-106 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL1:PM NRR/DANU/UAL1:LA NRR/DANU/UAL1:BC NAME JTulip SDevlin-Gill DGreene JBorromeo DATE 02/18/2025 02/18/2025 02/20/2025 02/21/2025 OFFICE NRR/DANU/UAL1:PM NAME SDevlin-Gill DATE 02/21/2025