ML25364A351
| ML25364A351 | |
| Person / Time | |
|---|---|
| Site: | 05200051, 05200052, 05200053, 05200054 |
| Issue date: | 12/19/2025 |
| From: | Fermi America |
| To: | Office of Nuclear Reactor Regulation |
| Shared Package | |
| ML25364A349 | List: |
| References | |
| Download: ML25364A351 (0) | |
Text
Enclosure INFORMATION ACCESS AGREEMENT
1 INFORMATION ACCESS AGREEMENT BETWEEN FERMI AMERICA, LLC AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION This agreement is made and effective on the XXth day of December, 2025 by and between the UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC) and FERMI AMERICA, LLC (Fermi America) (collectively the Parties) for the purpose of facilitating the NRCs access to an electronic reference portal maintained by Fermi America, through which the NRC staff and contractors approved in accordance with section 1 (the authorized NRC staff and contractors) may access certain documents related to activities associated with the review of the Fermi America COLA for the Donald J Trump Generating Plant (Units 1-4).
Whereas Fermi America desires to enhance the NRCs ability to timely and efficiently perform its regulatory licensing responsibilities with respect to activities associated with the Fermi America COLA, including by providing the authorized NRC staff and contractors with access to certain documents owned by or under the control of Fermi America through an electronic reference portal so that the NRC may access such information in a timely manner; and Whereas information accessed by the authorized NRC staff and contractors may consist of information considered by Fermi America to be trade secrets or privileged or confidential commercial and financial information (Proprietary Information); and Whereas Fermi America is willing to make such Proprietary Information available to the authorized NRC staff and contractors for the purpose of promoting timely and efficient performance of the NRCs regulatory licensing responsibilities with respect to activities associated with the Fermi America COLA, subject to the terms and conditions set forth below.
The Parties mutually agree as follows:
Terms:
- 1.
At no charge to the NRC, Fermi America agrees to maintain and make available to the authorized NRC staff and contractors an electronic reference portal in which Fermi America will provide access to documents relating to activities associated with the Fermi America COLA, which may include Proprietary Information. Fermi America will provide the NRC with login credential access to the electronic reference portal. The Parties will separately agree upon a list of the authorized NRC staff and contractors permitted to use the login credential access. This list of authorized users will include only the NRC staff and contractors who have been determined to have a requisite need to access the electronic reference portal in furtherance of official duties in relation to regulatory licensing responsibilities with respect to activities associated with the Fermi America COLA. This list of authorized users may be revised from time to time upon agreement of the Parties. The points of contact for the Parties, for the purpose of agreeing upon the list of authorized
users, are Fermi Americas Nuclear Construction Director (for Fermi America) and the NRCs Lead Project Manager for Fermi America (for the NRC).
- 2.
The authorized NRC staff and contractors may use the electronic reference portal only to access Fermi America documents, including Proprietary Information, and only in furtherance of official duties and in accordance with any of Fermi Americas reasonable policies and procedures governing access and use. The Parties expressly recognize that Fermi America reserves the right to revoke the NRCs access to the electronic reference portal at any time.
- 3.
The electronic reference portal will be available to the authorized NRC staff and contractors through read-only access with no capability to: (a) modify information on the electronic reference portal, (b) control the electronic reference portal application, or (c) print, save, or download information from the electronic reference portal. Use of snipping tools, screenshots, or taking photographs is prohibited.
- 4.
The Parties expressly acknowledge that documents placed into the electronic reference portal and made available to the authorized NRC staff and contractors are owned by or under the control of Fermi America. The NRC does not consider documents placed in the electronic reference portal to constitute agency records for purposes of the Freedom of Information Act (FOIA), 5 USC § 552, and the NRCs implementing FOIA regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 9, Public Records. The fact that Fermi America makes Proprietary Information available to the NRC as provided in this agreement shall not, in and of itself, be construed as a waiver of the proprietary nature of such Proprietary Information, or as an indication that such information residing within the electronic reference portal is not owned by, under the control of, or in the possession of Fermi America.
- 5.
If the NRC determines that information viewed or accessed via the electronic reference portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory responsibilities with respect to activities associated with the Fermi America COLA, the NRC will request that Fermi America formally submit such information in accordance with 10 CFR 50.4, Written communications. Fermi America shall abide by the requirements in 10 CFR 2.390, Public inspections, exemptions, requests for withholding, paragraph (b) when submitting such information to the NRC if Fermi America seeks to have information contained within that correspondence withheld from public disclosure. If the NRC receives a FOIA request that encompasses records formally submitted by Fermi America to the NRC in accordance with the requirements of 10 CFR 2.390(b), such information shall be subject to disclosure only in accordance with the provisions of 10 CFR 9.19, Segregation of exempt information and deletion of identifying details.
- 6.
Information made available to the authorized NRC staff and contractors only through the electronic reference portal does not constitute communications as part of the NRC formal licensing, oversight, or enforcement functions with respect to the Fermi America COLA pursuant to applicable regulations contained in 10 CFR. Fermi America is not required to submit an affidavit or mark documents in accordance with 10 CFR 2.390 when making them accessible through the electronic reference portal. Fermi America makes no warranty, guarantee, or representation as to the completeness or accuracy of information that the authorized NRC staff or contractors access through the electronic reference
portal. The NRC requirements governing completeness and accuracy of information apply to any information that Fermi America submits to the NRC in accordance with NRC regulations, or information that Fermi America is otherwise required to maintain or provide pursuant to statute, order, license, or regulation.
- 7.
This Agreement may be modified at any time in writing signed by the Parties. Either party shall have the right, upon written notice to the other party, to terminate this Agreement, in whole or in part, at any time, without cost, penalty, or liability to any party.
IN WITNESS WHEREOF, the undersigned have executed this Agreement.
UNITED STATES NUCLEAR REGULATORY COMMISSION By:
FERMI AMERICA, LLC By: