ML25261A195
| ML25261A195 | |
| Person / Time | |
|---|---|
| Site: | 07109388 |
| Issue date: | 12/03/2025 |
| From: | Melendez-Colon D Storage and Transportation Licensing Branch |
| To: | Van Wijk Y Orano NCS GmbH |
| Shared Package | |
| ML25261A193 | List: |
| References | |
| EPID L-2025-LLA-0062 | |
| Download: ML25261A195 (0) | |
Text
Yara van Wijk Orano NCS GmbH Margarete-von-Wrangell-Strae 7 D-63457 Hanau - GERMANY
SUBJECT:
NRC APPROVAL OF ORANO NCS GMBH REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE SUBMITTAL OF THE REVISED SAFETY ANALYSIS REPORT REVISION 5 FOR DOCKET NO. 71-9388 - ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2025-LLA-0062
Dear Yara van Wijk:
By letter dated July 10, 2025 (Agencywide Documents Access and Management System
[ADAMS] Accession Number ML25191A120), Orano NCS GmbH submitted an affidavit dated July 10, 2025 (0045-SVK-2025-013), executed by Dr. Christoph Geiger, requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.
The proprietary material for which withholding is being requested are the following appendices of 0045-BSH-2021-001-Rev5 [safety analysis report revision 5]:
- Appendix 1.1
- Appendix 1.4.1 (A-1 and A-2)
- Appendix 1.4.2
- Appendix 1.9.1
- Appendix 1.9.2A
- Appendix 2.2
- Appendix 2.3
- Appendix 2.4
- Appendix 2.6 The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
1.
The information sought to be withheld from public disclosure is owned and has been held in confidence by Orano NCS GmbH.
2.
The information is of a type customarily held in confidence by Orano NCS GmbH and not customarily disclosed to the public. Orano NCS GmbH 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 Orano NCS GmbH policy and provide the rational basis required.
December 3, 2025
Y. van Wijk 2
Under that system, information is 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:
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Orano NCS GmbH's competitors without license from Orano NCS GmbH constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive economic advantage, e.g., by optimization or improved marketability.
(c)
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
(d)
It reveals aspects of past, present, or future Orano NCS GmbH or customer funded development plans and programs of potential commercial value to Orano NCS GmbH.
(e)
It contains patentable ideas, for which patent protection may be desirable.
There are sound policy reasons behind the Orano NCS GmbH system which include the following:
(a)
The use of such information by Orano NCS GmbH gives Orano NCS GmbH a competitive advantage over its competitors. It is, therefore, withheld from disclosure to protect the Orano NCS GmbH competitive position.
(b)
It is information that may provide Orano NCS GmbHs competitors with information on the methods and procedures that Orano NCS GmbH uses to fulfill regulatory and licensing obligations. The extent to which such information is available to competitors may diminish the need of Orano NCS GmbH competitors to develop such methods and procedures without comparable investment of time and resources.
(c)
Use by our competitors would put Orano NCS GmbH at a competitive disadvantage by reducing our competitors expenditures of resources by allowing them to build upon or utilize methods and procedures developed by Orano NCS GmbH at great expense.
3.
The information is being transmitted to the U.S. Nuclear Regulatory Commission (NRC, Commission) in confidence, and it is to be received in confidence by the Commission.
4.
The information sought to be protected is not available in public sources or available information has not been previously employed in the same original manner or method to the best of our knowledge and belief.
5.
The information sought to be withheld in this submittal is likely to cause substantial harm to the competitive position of Orano NCS GmbH because it would enhance the ability of competitors to address similar safety, regulatory and licensing issues without commensurate expenses. Also, public disclosure of the information would enable others to use the information to meet NRC requirements without purchasing the right to use the information.
Y. van Wijk 3
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the appendices listed above 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.
A nonproprietary version of the SAR revision 5 and some appendices (ML25191A055) have been placed in the NRCs Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
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 of the date of public disclosure, in advance, which will be a reasonable time thereafter.
If you have any questions regarding this communication, please contact me at (301) 415-7295, or via email to Daneira.Melendez-Colon@nrc.gov.
Sincerely, Daneira Meléndez Colón, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No.: 71-9388 EPID No.: L-2025-LLA-0062 Signed by Melendez-Colon, Daneira on 12/03/25
Y. van Wijk 4
SUBJECT:
NRC APPROVAL OF ORANO NCS GMBH REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR THE SUBMITTAL OF THE REVISED SAFETY ANALYSIS REPORT REVISION 5 FOR DOCKET NO. 71-9388 - ENTERPRISE PROJECT IDENTIFICATION NUMBER L-2025-LLA-0062 DATE: December 3, 2025 DISTRIBUTION:
Public ADAMS Accession No.: ML25261A195 (ltr)
OFFICE NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NMSS/DFM/STLB NAME DMelendez-Colon SFigueroa YDiaz-Sanabria DMelendez-Colon DATE 09/18/2025 09/19/2025 12/02/2025 12/03/2025