ML26005A245
| ML26005A245 | |
| Person / Time | |
|---|---|
| Site: | 99902049 |
| Issue date: | 08/27/2025 |
| From: | Victoria Huckabay NRC/NRR/DNRL/NLIB |
| To: | Lashley P SMR |
| References | |
| EPID L-2017-LRM-0012 | |
| Download: ML26005A245 (0) | |
Text
From:
Phil Lashley Cc:
Monica Haneman; Michelle Hayes
Subject:
Request for Withholding Information from Public Disclosure for SMR, LLC Preapplication Meeting Materials for August 27, 2025, Public Meeting, Date:
Tuesday, January 20, 2026 9:58:00 PM
Dear Mr. Lashley:
By \
letter dated August 21, 2025, SMR, LLC (SMR), a Holtec International Company (Holtec) submitted an affidavit (Agency Documents Accession Management System (ADAMS) Accession No.ML25233A300, part of package ML25233A296) requesting that the information contained in the following document be withheld from public disclosure pursuant to Section2.390, Public inspections, exemptions, requests for withholding, of Title 10 of theCode of Federal Regulations (10 CFR):
, Proprietary Slides, SMR-300 LWA [Limited Work Authorization] Planning Updates, August 27, 2025 (ML25233A299, part of package ML25233A296).
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure as set forth in affidavit paragraphs (8) and (9) shown below:
(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtecs competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's SMR-300 technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise asubstantial investment of time and money by Holtec International.
The precise value of the expertise to devise an evaluation process and apply thecorrect analytical methodology is difficult to quantify, but it clearly is substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating
that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if theinformation were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that thesubmitted 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 of1954, 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 theconsultants 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 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 in advance of any public disclosure.
If you have any questions regarding this matter, I may be reached at 301-415-5183.
Sincerely,
Victoria V. Huckabay, Senior Project Manager Licensing and Regulatory Infrastructure Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation
Docket No: 99902049 EPID L-2017-LRM-0012