ML25203A368
| ML25203A368 | |
| Person / Time | |
|---|---|
| Site: | 99902080 |
| Issue date: | 08/22/2025 |
| From: | Stamler B NRC/NRR/DANU/UNPL |
| To: | Eiden T Atomic Alchemy |
| Stamler B | |
| References | |
| EPID L-2025-LRM-0095 | |
| Download: ML25203A368 (1) | |
Text
Mr. Thomas Eiden Chief Executive Officer Atomic Alchemy Inc.
855 North Capital Ave, STE #3 Idaho Falls, ID 83402-3405
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
- ATOMIC ALCHEMY INC. REGULATORY ENGAGEMENT PLAN Q3CY2025 (EPID NO. L-2025-LRM-0095)
Dear Mr. Eiden By letter dated June 23, 2025, (Agencywide Documents Access and Management System Accession No. ML25175A003), Atomic Alchemy Inc. (Atomic Alchemy) submitted an affidavit executed by you to the U.S. Nuclear Regulatory Commission (NRC) staff requesting the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390, Public inspections, exemptions, requests for withholding:
Regulatory Engagement Plan Q3CY2025 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 by Atomic Alchemy and has been held in confidence by Atomic Alchemy and its consultants.
b.
The information sought to be protected is not available to the public to the best of our knowledge and belief.
c.
The information is of the type that would customarily be held in confidence by Atomic Alchemy policy, which holds that information is to be held in confidence if it falls in one or more of several types, the release of which might result in the loss of an existing or potential competitive advantage, as follows:
i.
It contains information descriptive of proprietary technology, where preventing its use by any of Atomic Alchemys competitors without license from Atomic Alchemy constitutes a competitive economic advantage over other companies.
ii.
Its use by a competitor would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
August 22, 2025
T. Eiden 2
iii.
It reveals or can be used to infer cost or price information, production capacities, budget levels, or commercial strategies of Atomic Alchemy, its customers or suppliers.
iv.
It reveals or can be used to infer aspects of past, present, or future Atomic Alchemy or customer-funded development plans and programs of potential commercial value to Atomic Alchemy.
v.
It contains patentable ideas, for which patent protection may be desirable.
vi.
The use of such information by Atomic Alchemy gives Atomic Alchemy a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect Atomic Alchemys competitive position.
vii.
It includes information that is marketable in many ways. The extent to which such information is available to competitors diminishes Atomic Alchemys ability to sell products and services involving the use of the information.
viii.
Use by our competitor(s) would put Atomic Alchemy at a competitive disadvantage by reducing their expenditure of resources at our expense.
ix.
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 key to the entire puzzle, thereby depriving Atomic Alchemy of a competitive advantage.
x.
Unrestricted disclosure would jeopardize the position of prominence of Atomic Alchemy in the world market, and thereby give a market advantage to competition of those countries.
xi.
The capacity of Atomic Alchemy and its investors to invest in corporate assets in research, development, licensing, and construction activities depends upon the success in obtaining and maintaining a competitive advantage.
xii.
The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.390 and 2.304; it is to be received in confidence by the NRC.
The NRC staff have reviewed the affidavit and the 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 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.
T. Eiden 3
Withholding from public inspection will not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, the NRC staff may send copies of information to our consultants working in this area. The NRC staff will 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, Atomic Alchemy should promptly notify the NRC staff. Atomic Alchemy should understand that the NRC staff may have cause to review this determination in the future, for example, the scope of a Freedom of Information Act request includes Atomic Alchemy Information.
In all review situations, the NRC staff will follow applicable laws, regulations, and policies in conducting its review, including the NRCs policies on notifying the owner of information in advance of any public disclosure.
If you have any questions regarding this matter, please contact Bradley Stamler at 301-415-1147, or via email to Bradley.Stamler@nrc.gov.
Sincerely, Bradley Stamler, Project Manager Non-Power Production and Utilization Facility Licensing Branch Division of Advanced Reactors and Non-Power Production and Utilization Facilities Office of Nuclear Reactor Regulation Docket No.: 99902080 cc: mory@oklo.com Signed by Stamler, Bradley on 08/22/25
ML25203A368 NRR-106 OFFICE NRR/DANU/PM NRR/DANU/LA NRR/DANU/BC NRR/DANU/PM NAME BStamler NParker JRady BStamler DATE 8/19/2025 8/19/2025 8/20/2025 8/22/2025