ML25213A153

NRC Staff Comments/Edits on Draft Orano-NRC Information Access Agreement

ML25213A153
Person / Time
Site:
Issue date:	08/06/2025
From:	Orano Enrichment USA
To:	Office of Nuclear Material Safety and Safeguards
Shared Package
ML25213A152	List: ML25213A154
References
Download: ML25213A153 (1)

Text

Enclosure INFORMATION ACCESS AGREEMENT BETWEEN ORANO ENRICHMENT USA LLC AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION This agreement is made and effective on theis date of last signature (Effective Date), by and between the UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC) and Orano Enrichment USA LLC (collectively the Parties), for the purpose of facilitating the NRCs access to an online reference portal maintained by Orano Enrichment USA LLC through which NRC staff and contractors approved in accordance with Section 1 (the authorized NRC staff and contractors) may access certain documents related to the a proposed Orano Enrichment USA LLC uranium enrichment Facility to that would be located in Oak Ridge, TN (the Facility).

Whereas Orano Enrichment USA LLC desires to enhance the NRCs ability to timely and efficiently perform its regulatory licensing and oversight functions with respect to the Facility, including by providing the authorized NRC staff and contractors with access to certain documents owned by or under the control of Orano Enrichment USA LLC through an online reference portal so that the NRC staff 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 Orano Enrichment USA LLC to be export-controlled, trade secrets, or privileged, orbusiness confidential commercial /and financial information, or otherwise restricted through any official designation (Proprietary Informationrestricted information), and Wwhereas Orano Enrichment USA LLC is willing to make such Proprietary Informationrestricted information available to the authorized NRC staff and contractors for the purpose of promoting timely and efficient NRC regulatory licensing and oversight of the Facility, subject to the terms and conditions set forth below.

The Parties mutually agree as follows:

Terms:

1.

At no charge to the NRC staff, Orano Enrichment USA LLC agrees to maintain and make available to the authorized NRC staff and contractors an online reference portal in which Orano Enrichment USA LLC will provide access to documents relating to the Facility, which may include Proprietary Informationrestricted information. Orano Enrichment USA LLC will provide the NRC staff with login credential access to the online reference portal. The Parties will separately agree upon a list of authorized NRC staff and contractors permitted to use the login credential access. This list of the authorized users will include only the NRC staff and contractors who have been determined to have a requisite need to access the online reference portal in furtherance of official duties in relation to regulatory licensing and oversight of the Facility. 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 Orano Enrichment USA LLCs Licensing Manager and the NRCs Project Manager for Orano Enrichment USA LLC (for the NRC).

2.

The Authorized NRC staff and contractors may use the online reference portal only to access Orano Enrichment USA LLCs documents, including Proprietary Informationrestricted information, and only in furtherance of official duties and in accordance with any of Orano Enrichment USA LLCs reasonable policies

and procedures governing access and use. The Parties expressly recognize that Orano Enrichment USA LLC reserves the right to revoke the NRC staff access to the portal at any time. The online 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 online reference portal, (b) control the online reference portal application, or (c) print, save, or download information from the online reference portal.

3.

The Parties expressly acknowledge that documents placed into the online reference portal and made available to the authorized NRC staff and contractors are owned by and under the control of Orano Enrichment USA LLC. The NRC staff does not consider documents placed in the online reference portal to constitute agency records for purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the NRCs implementing FOIA regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 9. The fact that Orano Enrichment USA LLC makes Proprietary Informationrestricted information available to the NRC staff as provided in this Agreement shall not, in and of itself, be construed as a waiver of the proprietary restricted nature of such Proprietary Informationrestricted information, or as an indication that such information residing within the online reference portal is not owned by, under the control of, and in the possession of Orano Enrichment USA LLC.

4.

If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory licensing and oversight responsibilities with respect to the Facility, the NRC staff will request that Orano Enrichment USA LLC formally submit such information in accordance with 10 CFR § 70.5, Communications. Orano Enrichment USA LLC shall abide by the requirements in 10 CFR § 2.390(b) when submitting such information to the NRC staff if Orano Enrichment USA LLC 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 Orano Enrichment USA LLC to the NRC in accordance with the affidavit 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.

5.

Information made available to the authorized NRC staff and contractors only through the online reference portal does not constitute communications as part of the formal licensing, oversight, or enforcement functions with respect to the Facility pursuant to applicable regulations contained in 10 CFR. Orano Enrichment USA LLC is not required to submit an affidavit or mark documents in accordance with 10 CFR § 2.390 when making them accessible through the online reference portal. Orano Enrichment USA LLC makes no warranty, guarantee, or representation as to the completeness or accuracy of information that the authorized NRC staff or contractors access through the portal. The NRC requirements governing completeness and accuracy of information apply to any information that Orano Enrichment USA LLC submits to the NRC in accordance with NRC regulations, or information that Orano Enrichment USA LLC is otherwise required to maintain or provide pursuant to statute, order, license, or regulation.

6.

This Agreement may be modified at any time in a 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: _________________________

By: ____________________________

Title:

Director

Title:

Director Division of Fuel Management Division of Fuel Facility InspectionFuels, Radiological Safety, and Security Date: _______________________

Date: __________________________

ORANO ENRICHMENT USA LLC By: __________________________

Title:

Date: ________________________