ML25121A143
| ML25121A143 | |
| Person / Time | |
|---|---|
| Site: | 99902132 |
| Issue date: | 05/19/2025 |
| From: | Alina Schiller NRC/NRR/DNRL/NRLB |
| To: | Statile D Reploy Power |
| References | |
| Download: ML25121A143 (4) | |
Text
May 19, 2025 Mr. Donald Statile Director of Licensing, Safety, and Quality Assurance REPLOY Power, Inc.
7301 Seneca Falls Loop Austin, Texas 78739
SUBJECT:
RESPONSE TO REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE, REPLOY POWER, INC.,
REVISED REGULATORY ENGAGEMENT PLAN
REFERENCE:
Revised Regulatory Engagement Plan for REPLOY Power, Inc., dated April 25, 2025
Dear Mr. Statile:
By letter dated April 25, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25115A171), REPLOY Power, Inc., (REPLOY) submitted, in of the letter, an affidavit dated April 25, 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 REPLOY.
- 2.
The information is of a type customarily held in confidence by REPLOY and not customarily disclosed to the public. REPLOY has a rational basis for determining the types of information customarily held in confidence by it and, in that connection, utilizes a system of policies 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 REPLOY 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 REPLOY, 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, points of contact, suppliers, or licensing approaches.
This information is the result of considerable expense to REPLOY and has great value in that it will assist REPLOY 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 REPLOY.
- 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 REPLOY of a competitive advantage.
- 8. Unrestricted disclosure would jeopardize the position of REPLOY in the world market and thereby give a market advantage to the competition in those countries.
Section 4 of Enclosure 2 (ML25115A173) lists the types of information held in confidence by REPLOY, as items (a) through (g), 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 REPLOY competitors without license or contract from REPLOY, 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 competitive position in design, manufacture, shipment, installation, assurance of quality;
- c.
Information which reveals cost or price information, cost estimates, production capacities, contractual or teaming arrangements, budget levels or commercial strategies of REPLOY, its customers, its partners, or its suppliers;
- d.
Information which reveals aspects of past, present, or future REPLOY or customer funded development plans or programs, technical plans, technical, security or site studies, or other items of potential commercial value to REPLOY;
- e.
Information which discloses patentable subject matter for which it may be desirable to obtain patent protection as well as protection as a trade secrets;
- f.
Information obtained through actions which could reveal additional insights into reactor and associated support systems (including manufacture, transport, fueling/defueling, deployment), system development, testing, qualification
processes, public outreach, and/or regulatory proceedings, and which are not otherwise readily obtainable by a competitor; and/or
- g.
Information which REPLOY furnishes which contains sensitive or proprietary information which it received pursuant to a non-disclosure or similar type of agreement under which REPLOY has a legal obligation to keep such information confidential.
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 alina.schiller@nrc.gov.
Sincerely,
/RA/
Alina Schiller, Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Project No.: 99902132
MJardaneh*
ASchiller*
DATE 05/01/2025 05/01/2025 05/19/2025 05/19/2025