ML25090A248
| ML25090A248 | |
| Person / Time | |
|---|---|
| Site: | 99902137 |
| Issue date: | 04/01/2025 |
| From: | Vivanco R NRC/NRR/DNRL/NRLB |
| To: | Cj Fong Blue Energy Global |
| References | |
| Download: ML25090A248 (4) | |
Text
April 1, 2025 Mr. C J. Fong Vice President, Regulatory Affairs Blue Energy Global, Inc.
12358 Parklawn Drive Suite 300 Rockville, MD 20852
SUBJECT:
RESPONSE TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, BLUE ENERGY GLOBAL Inc.
(BLUE ENERGY) REGULATORY ENGAGEMENT PLAN
REFERENCE:
Regulatory Engagement Plan for Blue Energy Global Inc. (Blue Energy) dated March 21, 2025
Dear Mr. Fong:
By letter dated March 21, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25080A353), Blue Energy Global Inc. (Blue Energy) submitted, in of the letter, an affidavit dated March 21, 2025, requesting Enclosure 1 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The affidavit stated, in part, that pursuant to 10 CFR 2.390, the enclosure includes trade secret, privileged, or confidential commercial or financial information and should be considered exempt from mandatory public disclosure for the following reasons:
- 1.
The information sought to be withheld from public disclosure is owned and has been held in confidence by Blue Energy.
- 2.
The information is of a type customarily held in confidence by Blue Energy and not customarily disclosed to the public. Blue Energy has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system to determine when and whether to hold certain types of information in confidence. The application of that system and the substance of that system constitute Blue Energy policy and provide the rational basis required.
- 3.
The information is being transmitted to the Commission in confidence and, under the provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.
- 4.
This information is not readily available in public sources.
- 5. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of Blue Energy, because it would enhance the ability of competitors to provide similar products and services by reducing their expenditure of resources using similar project methods, equipment, testing approach, contractors, or licensing approaches. This information is the result of considerable expense to Blue Energy and has great value in that it will assist Blue Energy in providing products and services to new, expanding markets not currently served by the company.
- 6. The information could reveal or could be used to infer price information, cost information, budget levels, or commercial strategies of Blue Energy.
- 7. Each component of proprietary information pertinent to a particular competitive advantage is potentially as valuable as the total competitive advantage. If competitors acquire components of proprietary information, any one component may be the key to the entire puzzle, thereby depriving Blue Energy of a competitive advantage.
- 8. Unrestricted disclosure would jeopardize the position of Blue Energy in the world market, and thereby give a market advantage to the competition in those countries.
Section 5 of Enclosure 2 (ML25080A355) lists the types of information held in confidence by Blue Energy, as items (a) through (f) and identifies the proprietary information in enclosure to be as follows:
- a.
Information which discloses process, method, or apparatus, including supporting data and analyses, where prevention of its use by Blue Energy competitors without license or contract from Blue Energy constitutes a competitive economic advantage over other companies in the industry;
- b.
Information, which if used by a competitor, would reduce his or her expenditure of resources or improve his or her competitive position in design, manufacture, shipment, installation, assurance of quality;
- c.
Information which reveals cost or price information, production capacities, budget levels, or commercial strategies of Blue Energy, its customers, its partners, or its suppliers;
- d.
Information which reveals aspects of past, present, or future Blue Energy or customer funded development plans or programs, of potential commercial value to Blue Energy;
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection; and/or
- f.
Information obtained through Blue Energy actions which could reveal additional insights into reactor system development, testing, qualification processes, and/or regulatory proceedings, and which are not otherwise readily obtainable by a competitor.
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 submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390 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 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 a need to know and 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 ricky.vivanco@nrc.gov.
Sincerely,
/RA/
Ricky A. Vivanco, Lead Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Project No.: 99902137 cc: GovDelivery
MJardaneh*
DATE 3/31/25 04/01/2025 4/01/25