ML25191A244
| ML25191A244 | |
| Person / Time | |
|---|---|
| Site: | 05000614, 99902117 |
| Issue date: | 07/10/2025 |
| From: | Royer D X-Energy |
| To: | Rivera R NRC/NRR/DANU/UAL2, Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| 50-614-CP, 2025-PLM-NRC-005 | |
| Download: ML25191A244 (1) | |
Text
X Energy, LLC 530 Gaither Road, Suite 800 Rockville, MD 20850 www.x-energy.com 10 July 2025 2025-PLM-NRC-005 Project Number: 99902117 Docket No. 50-614-CP Richard Rivera, Project Manager Advanced Reactor Licensing Branch 2 Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation U.S. Nuclear Regulatory Commission RE: X Energy, LLC Response to NRC Letter Granting Access to Requestors of Redacted Information in the Long Mott Generating Station Construction Permit Application
Reference:
(1) Letter from the U.S. Nuclear Regulatory Commission (signed by Richard Rivera) to Marisa Perales of Perales, Allmon & Ice, P.C., dated 30 June, 2025, Request for Sensitive Unclassified Non-Safeguards Information Regarding Construction Permit Application Submitted by Long Mott Energy, LLC
Dear Mr. Rivera:
X Energy, LLC (X-energy) appreciates the opportunity to respond to the U.S. Nuclear Regulatory Commission (NRC) staffs June 30, 2025, letter granting San Antonio Bay Estuarine Waterkeeper and associated individuals (collectively, Waterkeeper) access to certain Sensitive Unclassified Non-Safeguards Information (SUNSI) contained in the Construction Permit Application (CPA) for the Long Mott Generating Station (LMGS) (See Ref. (1)).
X-energy is committed to supporting public participation in NRC proceedings and shares the agencys dedication to maintaining transparency consistent with the law, NRC regulations and precedent. At the same time, X-energy would like to emphasize the critical importance of protecting proprietary and Security-Related Information (SRI) in accordance with NRC regulations, including 10 C.F.R. § 2.390, and consistent with the Commissions long-standing practice of imposing carefully structured protective orders to protect SRI, as well as proprietary information belonging to applicants and their contractors.
Protection of Security-Related and Proprietary Information With respect to information specifically requested by Waterkeeper, Part VII of the LMGS CPA, submitted March 31, 2025, includes SRI withheld under 10 C.F.R. § 2.390(d)(1), including specific portions that are integral to X-energys proprietary design methodology and trade secrets. Thus, the information requested is both SRI and proprietary information belonging to X-energy.
These materialsspecifically Section 3.12 of the Preliminary Safety Analysis Report (PSAR), Figure 3.12-1, and Figures 7.3.1-1 through 7.3.1-13include detailed inputs and modeling related to the Aircraft Impact Assessment (AIA) and the novel design of civil structures. Disclosure of these materials, even under a protective order, presents a significant risk of competitive harm and potential misuse that could create significant harm to X-energy if the information is not appropriately protected. This information includes proprietary algorithms, security-related analysis methodologies, system diagrams, and physical layout
X Energy, LLC 530 Gaither Road, Suite 800 Rockville, MD 20850 www.x-energy.com details that X-energy has developed at considerable investment and which constitute X-energys protected intellectual property.
Accordingly, X-energy supports the NRC staffs determination that disclosure should be limited and subject to strict protective conditions but urges the NRC to use a robust protective order consistent with NRC precedent and recognizing the sensitivity of the information at issue to further ensure that the information is not improperly released.
Recommended Enhancements for Protective Order
- 1. Narrow the Number of Authorized Recipients of Aircraft Impact Assessment and Control System Figures X-energy respectfully requests that access to Section 3.12, Figure 3.12-1, and Figures 7.3.1-1 through 7.3.1-13 be further limited to only those individuals among the seven named requestors who can demonstrate:
A clear need to access this specific subset of SUNSI to formulate a contention; and Sufficient technical qualifications or experience to evaluate this specific subset of information, including to align with Waterkeepers assertion that [a]ll the individuals seeking SUNSI access have the technical competence, knowledge, and skills to evaluate and use the information that would be made available.1 As the NRC staff noted in Ref. (1), NRC policy provides that the Commission should balance the interests of protecting proprietary information with the petitioners legitimate interest in obtaining information that is necessary to allow for meaningful participation in the adjudicatory proceeding.2 These precedents, as well as past NRC protective orders providing access to SUNSI information, further emphasize that access to SUNSI should be limited to the minimum number of individuals necessary for meaningful participation, and should exclude individuals without a specific role in developing or supporting technical contentions. 3 Accordingly, in balancing these interestsand understanding the dual security-sensitive and proprietary nature of this informationX-energy would like to ensure that only those specific individuals who need the information and are capable of understanding it in order to support a potential contention are able to access this information.
1 Ref. (1), Enclosure 1, Request for Access to Sensitive Unclassified Non-Safeguards Information regarding Construction Permit Application from Long Mott Energy, LLC at 2.
2 Ref (1), where the NRC staff explained; [t]he Commissions policy regarding access to SUNSI balances the applicants interest in protecting proprietary information with the petitioners legitimate interest in obtaining information that is necessary to allow for meaningful participation in the adjudicatory proceeding, citing Susquehanna Nuclear, LLC (Susquehanna Steam Electric Station, Units 1 and 2), CLI-17-4, 85 NRC 59, 67 (2017) and South Texas Project Nuclear Operating Co. (South Texas Project, Units 3 and 4), CLI-10-24, 72 NRC 451, 453-55 (2010).
3 See, supra, footnote 2. See, e.g., In the Matter of Exelon Generation Company, LLC et al., Docket Nos. STN 50-456, 50-457, 72-73, etal., Order Providing Second Amended Protective Order Governing Disclosure of SUNSI, dated June 29, 2021 (ADAMS Accession No.ML21180A421).
X Energy, LLC 530 Gaither Road, Suite 800 Rockville, MD 20850 www.x-energy.com
- 2. Impose Robust Protective Order Controls Consistent with NRC Precedent X-energy requests that the protective order incorporate the strongest possible access controls, modeled on those approved in NRC proceedings involving SUNSI access, and recognizing recent developments in technology (e.g., Artificial Intelligence (AI)). These include but should not be limited to the following:
Requiring Non-Disclosure Agreements (NDAs) from each individual granted access, with detailed acknowledgment of civil and administrative penalties for violations; Requiring secure storage (physical and electronic), encryption, and strict access logging; Prohibiting any form of cloud-based storage unless expressly approved and hosted within U.S.
jurisdiction; Barring use or processing of the SUNSI with AI tools or unvetted language models; Requiring advance notice and NRC approval for any proposed substitute or additional recipients; and Establishing a detailed mechanism for the destruction or return of all materials upon the termination of access.
Coordination and Transparency X-energy reiterates its commitment to public engagement in the licensing process and recognizes the public interest in understanding the design basis and safety case for innovative, advanced reactor technologies such as the Xe-100. That said, public access must be balanced against the companys legitimate interest in protecting intellectual property and security sensitive information.
This letter contains no regulatory commitments. If you have any questions or require additional information, please contact David Royer at droyer@x-energy.com.
Sincerely, David Royer Co-General Counsel & Chief Compliance Officer X Energy, LLC Cc Distribution via Electronic Information Exchange