ML15062A221

Evaluation of Request for Withholding Information from Public Disclosusubmittal of the Independent Account'S Report for Fiscal Years Ending on June 30, 2013, and June 30, 2014

ML15062A221
Person / Time
Site:	Pennsylvania State University, 07000113
Issue date:	03/12/2015
From:	Ryder C Fuel Manufacturing Branch
To:	Murawski J Pennsylvania State Univ, University Park, PA
Ryder C
References
Download: ML15062A221 (3)

Text

March 12, 2015 Mr. Jody Murawski, Director Financlal Reporting, Cost Analysis and Property Inventory Pennsylvania State University 408 Old Main University Park, PA 16802

SUBJECT:

EVALUATION OF REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE: SUBMITTAL OF THE INDEPENDENT ACCOUNTS REPORT FOR FISCAL YEARS ENDING ON JUNE 30, 2013, AND JUNE 30, 2014

Dear Mr. Murawski:

By letter dated January 12, 2015, Pennsylvania State University (PSU) submitted an independent accountant's report to meet the requirement of Title 10 of the Code of Federal Regulations (10 CFR) Part 30, Appendix E, Paragraph II.C.(1). By an affidavit dated January 22, 2015, PSU requested that the subject report be withheld from public disclosure pursuant to 10 CFR 2.390. The auditors report refers to fiscal years ending on June 30, 2013 and June 30, 2014.

The enclosed affidavit stated that the information should be considered exempt from mandatory public disclosure for the following reasons:

• The information sought to be withheld from public disclosure is owned and has been held in confidence by PSU.

• The information is of a type customarily held in confidence by PSU and is not disclosed to the public.

The U.S. Nuclear Regulatory Commission (NRC) staff reviewed the request for withholding in accordance with the requirements of 10 CFR 2.390(b)(3) and (4). On the basis of the statements in the affidavit and the information in the submittal, the NRC staff determined that the submitted information should be withheld. Therefore, the subject information will be withheld from public disclosure pursuant to 10 CFR 2.390, 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 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.

J. Murawski 2 Also, PSU should understand that the NRC staff 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 staff makes a determination contrary to the above, PSU will be notified in advance of any public disclosure.

In accordance with 10 CFR 2.390 of the NRCs Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room or from the Publicly Available Records System component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC Web site at http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading Room).

If you have any questions regarding this matter, please contact me at (301) 492-3189, or via e-mail to Christopher.Ryder@nrc.gov.

Sincerely,

/RA/

Christopher Ryder, Licensing Project Manager Fuel Manufacturing Branch Division of Fuel Cycle Safety, Safeguards, and Environmental Review Office of Nuclear Material Safety and Safeguards Docket Nos.70-113, 50-005 License Nos. SNM-95, R-2 cc: Jeffery Leavey, PSU

ML15062A221 OFFICE NMSS/FMB NMSS/FMB NMSS/FMB NMSS/FMB NAME CRyder TBrockington RJohnson CRyder DATE 3/9/2015 3/11 /2015 3/ 12/2015 3/12/2015