ML25227A009

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Response to Request for Withholding Information from Public Disclosure for Jaea White Paper
ML25227A009
Person / Time
Site: 99902114
Issue date: 08/25/2025
From: Alina Schiller
NRC/NRR/DNRL/NRLB
To: Yan X
Japan Atomic Energy Agency (JAEA)
References
Download: ML25227A009 (4)


Text

August 25, 2025 Mr. Xing L. Yan Project Director, Nuclear Plant Innovation Oarai Nuclear Engineering Institute Japan Atomic Energy Agency 4002 Narita-cho, Oarai-machi Ibaraki-ken 311-1393, Japan

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR JAPAN ATOMIC ENERGY AGENCY

REFERENCES:

1.

Letter from JAEA to NRC, LR070808-01, Submittal of White Paper for Floating Seismic Isolation System (FSIS), dated August 8, 2025

Dear Mr. Yan:

By letter dated August 8, 2025, you submitted an affidavit requesting that the information contained in the following document 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): Japan Atomic Energy Agency (JAEA) White Paper on Design-related Licensing Information for the FSIS Paired SMR (FSIS-R) Plant, dated July 2025 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML25205A126):

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraph 4(a) - (f) shown below:

(a) The information is owned and has been held in confidence by JAEA.

(b) Its disclosure outside JAEA is limited to regulatory bodies, business partners, and others with a legitimate need for the information, and is always subject to suitable measures to protect it from unauthorized use or disclosure.

(c) The information was transmitted to and received in confidence by the US NRC.

(d) The information is not readily available in public.

(e) Public disclosure of the information is likely to cause substantial harm to the competitive position of JAEA.

(f) The information would customarily be held in confidence by JAEA, if it falls in one or more of several types below:

(i)

The information that reveals such aspects of a product (structure, system, component, etc.) or process (method, model, code, data, etc.) that its use secures JAEA a competitive position.

(ii)

The information that reveals such aspects of the technology or the process that its use by any of JAEAs competitors without license from JAEA would substantially harm the competitive position of JAEA.

(iii)

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 of a similar product or process.

(iv)

The information that reveals cost or price information, production capacities, budget levels, or business strategies of JAEA, its partners, customers, or suppliers.

(v)

The information that reveals aspects of past, present, or future JAEA or partner-funded development plans or programs of potential economic value to JAEA or its partners.

(vi)

The information that contains patentable substance.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and based on 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 version of 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, you should promptly notify the NRC. You should also 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 decides adverse to the above decision, you will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-8177.

Sincerely,

/RA/

Alina Schiller, Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Project No: 99902114

ML25227A009

  • via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NLIB: LA NRR/DNRL/NRLB: PM NAME ASchiller SGreen GTesfaye*

DATE 08/14/2025 08/18/2025 08/18/2025 OFFICE NRR/DNRL/NRLB: BC NRR/DNRL/NRLB: PM NAME MJardaneh*

ASchiller DATE 08/25/2025 08/25/2025