ML18337A048

Request for Withholding Information from Public Disclosure Document in Support of Fee Waiver Requests

ML18337A048
Person / Time
Site:	Aerotest
Issue date:	12/04/2018
From:	Edward Helvenston Research and Test Reactors Licensing Projects Branch
To:	Slaughter D Aerotest
Helvenston E, NRR/DLP, 415-4067
References
Download: ML18337A048 (4)

Text

December 4, 2018 Dr. David M. Slaughter President and Reactor Administrator Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

AEROTEST OPERATIONS, INC. - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: DOCUMENT IN SUPPORT OF FEE WAIVER REQUESTS

Dear Dr. Slaughter:

By letter dated August 22, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18240A141), in response to the U.S. Nuclear Regulatory Commission (NRC) staffs request dated July 16, 2018 (ADAMS Accession No. ML18186A578),

Aerotest Operations, Inc. (Aerotest) provided supplemental information in support of its fee waiver requests submitted to the NRC by letter dated June 4, 2018 (ADAMS Accession No. ML18163A111).

Aerotests August 22, 2018, letter included an affidavit, executed by you, requesting that the following enclosure to the letter, which you stated contains proprietary and sensitive business information, and marked as confidential in its entirety, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

• The document entitled Attachment B: Description of Aerotest Operations Activities.

The NRC staff notes that the information contained in the document entitled, Attachment B:

Description of Aerotest Operations Activities, is identical to the information in another proprietary document entitled, Appendix A: Description of Aerotest Operations Activities, which Aerotest had previously submitted to NRC by letter dated February 21, 2018 (ADAMS Accession No. ML18054A141). Aerotests February 21, 2018, letter included an affidavit requesting withholding of Appendix A: Description of Aerotest Operations Activities, in its entirety, and the NRC staff granted that withholding request by letter dated April 2, 2018 (ADAMS Accession No. ML18074A111).

Aerotests August 22, 2018, affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

i. This information is and has been held in confidence by Aerotest Operations.

ii. This information is of a type that is customarily held in confidence by Aerotest Operations, and there is a rational basis for doing so because the information includes sensitive business information pertaining to clients.

D. Slaughter iii. The information is being transmitted to the NRC voluntarily and in confidence.

iv. This information is not available in public sources and could not be gathered readily from other publicly available information.

v. Public disclosure of this information would create substantial harm to the competitive position of Aerotest Operations by disclosing certain business decisions Aerotest Operations has made or is considering and the analysis that went behind those decisions. Development and evaluation of this commercial information was achieved at, and disclosure could lead to additional, significant cost to Aerotest Operations.

The NRC staff has reviewed your August 22, 2018, submittal in accordance with the requirements of 10 CFR 2.390, and on the basis of the statements in the affidavit, has determined that the submitted 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) as well as 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, the NRC staff may send copies of this information to its consultants working in this area. The NRC staff will ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding information from public inspection should change in the future such that the information could then be made available for public inspection, Aerotest should promptly notify the NRC. Aerotest also should understand that the NRC may have cause to review this determination in the future if, for example, 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, Aerotest will be notified in advance of any public disclosure.

If you have any questions regarding this review, please contact me at (301) 415-4067, or by electronic mail at Edward.Helvenston@nrc.gov.

Sincerely,

/RA/

Edward Helvenston, Project Manager Research and Test Reactors Licensing Branch Division of Licensing Projects Office of Nuclear Reactor Regulation Docket No. 50-228 License No. R-98 cc: See next page

Aerotest Operations, Inc. Docket No. 50-228 cc:

Sandy Warren, General Manager Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583 California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814 Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research and Training Reactor Newsletter P.O. Box 118300 University of Florida Gainesville, FL 32611

ML18337A048 *concurrence via e-mail OFFICE NRR/DLP/PRLB/PM* NRR/DLP/PRLB/LA* OCFO/DPB/LFPT* NRR/DLP/PRLB/BC NRR/DLP/PRLB/PM NAME EHelvenston NParker WBlaney AAdams EHelvenston DATE 12/3/2018 12/3/2018 12/4/2018 12/4/2018 12/4/2018