ML25129A126

Request for Withholding Information from Public Disclosure for Abilene Christian University (Acu)

ML25129A126
Person / Time
Site:	Abilene Christian University
Issue date:	05/13/2025
From:	Hernandez J Office of Nuclear Reactor Regulation
To:	Towell R Abilene Christian University (ACU)
References
EPID L-2022-NFW-0002
Download: ML25129A126 (1)

Text

May 13, 2025 Dr. Rusty Towell Director of NEXT Lab Abilene Christian University ACU Box 27963 Abilene, TX 79699

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR ABILENE CHRISTIAN UNIVERSITY (EPID: L-2022-NFW-0002)

Dear Dr. Towell:

By letter dated December 5, 2024 (Agencywide Documents Access and Management System Accession No. ML24341A133), you submitted an affidavit dated December 5, 2024, executed by Jordan Robison of Natura Resources (Enclosure 3 to the letter) requesting that the information contained in the following documents be withheld from public disclosure pursuant to Section 2.390, Public inspections, exemptions, requests for withholding, of Title 10 of the Code of Federal Regulations (10 CFR):

- Degradation Management Program 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 is owned and has been held in confidence by ACU [Abilene Christian University], the Other Universities and Natura as confidential and proprietary, trade secret information.

b. The information is of a type that is customarily held in confidence by ACU, the Other Universities, and Natura based on the rationale described in this affidavit.

c. The information is being transmitted to and, pursuant to 10 CFR 2.390, received by the NRC [U.S. Nuclear Regulatory Commission] in confidence.

d. No public disclosure of the information has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or contractual agreements that provide for maintenance of the information in confidence.

e. The information requested to be withheld reveals specific distinguishing design aspects. The information consists of supporting data relative to a process,

component, structure, tool, method, etc., and the application of the data secures a competitive advantage as described in paragraph 5.

f. Use by a competitor of the information requested to be withheld would reduce the competitors expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390, and 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 documents listed above in this letter, 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.

R. Towell If you have any questions, please contact me at (301) 287-9096, or via email at jorge.hernandez@nrc.gov.

Sincerely, Jorge Hernandez, Project Manager Advanced Reactor Licensing Branch 2 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.: 50-610 cc: Abilene Christian University MSRR via GovDelivery

ML25129A126 NRR-106 OFFICE NRR/DANU/UAL2:PM NRR/DANU/UAL2:BC NRR/DANU/UAL2:PM NAME JHernandez SPhilpott JHernandez DATE 05/09/2025 05/12/2025 05/13/2025