ML25139A136
| ML25139A136 | |
| Person / Time | |
|---|---|
| Site: | 99902138 |
| Issue date: | 05/16/2025 |
| From: | Michael Orenak NRC/NRR/DANU/UAL1 |
| To: | Frepoli C Terra Innovatum s.r.l |
| References | |
| Download: ML25139A136 (1) | |
Text
May 16, 2025 Dr. Cesare Frepoli Chief Operating Officer and Director of Licensing and Regulatory Affairs Terra Innovatum S.r.l.
Via Della Chiesa XXXII, 759 55100 Lucca, Italy
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE, PRESENTATION MATERIAL FOR TERRA INNOVATUM AND USNRC PRE-SUBMITTAL MEETING SCHEDULED FOR MAY 7-8th, 2025
Dear Cesare Frepoli:
By letter dated April 17, 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25107A001), Terra Innovatum S.r.l. (TINN) submitted an affidavit to the U.S. Nuclear Regulatory Commission (NRC) staff requesting that the agency withhold the following information from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) section 2.390, Public inspections, exemptions, requests for withholding:
Presentation Material for Terra Innovatum and USNRC Pre-Submittal Meeting Scheduled for May 7-8 2025 A publicly available version of the document can be found in ADAMS at ML25107A003.
The NRC staff identified a discrepancy in the affidavit regarding the item containing proprietary information sought to be withheld. The NRC staff confirmed via email (ML25112A315) that the document containing proprietary information sought to be withheld is the enclosure 3 slide package to the submittal letter, not a regulatory engagement plan in enclosure 1.
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 TINN.
- b. The information is of a type customarily held in confidence by TINN and not customarily disclosed to the public. TINN 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 TINN 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 to be received in confidence by the Commission.
- d. This information is not readily available in public sources.
- e. Public disclosure of this proprietary information is likely to cause substantial harm to the competitive position of TINN, 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 TINN and has great value in that it will assist TINN in providing products and services to new, expanding markets not currently served by the company.
- f. The information could reveal or could be used to infer price information, cost information, budget levels, or commercial strategies of TINN.
- g. 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 TINN of a competitive advantage.
- h. Unrestricted disclosure would jeopardize the position of TINN in the world market, and thereby give a market advantage to the competition in those countries.
The NRC staff has reviewed the affidavit executed on April 17, 2025, and the subject 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 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, TINN should promptly notify the NRC staff. You 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 TINN information. In all review situations, if the NRC staff 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, please contact me at (301) 415-3229 or via email at Michael.Orenak@nrc.gov.
Sincerely,
/RA/
Michael Orenak, Senior Project Manager Advanced Reactor Licensing Branch 1 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Project No.: 99902138 cc: Terra Innovatum SOLO via GovDelivery
ML25139A136 NRR-106 OFFICE NRR/DANU/UAL1:PM NRR/DANU/UAL1:PM NRR/DANU/UAL1:BC NRR/DANU/UAL1:PM NAME JTulip MOrenak JBorromeo (SDevlin-Gill for)
MOrenak DATE 5/15/25 5/15/25 5/16/2025 5/16/2025