ML20112F317

Nuclear Development Withholding Letter - March 2020 RAI Response

ML20112F317
Person / Time
Site:	Bellefonte
Issue date:	04/30/2020
From:	Tabatabai-Yazdi O NRC/NRR/DNRL/NRLB
To:	Mccollum W Nuclear Development
Tabatabai-Yazdi O
References
CAC 001554, EPID L-2018-LLM-0155
Download: ML20112F317 (3)

Text

April 30, 2020 Mr. William R. McCollum Chief Executive Officer & Chief Nuclear Officer Nuclear Development, LLC 3 Bethesda Metro Center, Suite 515 Bethesda, MD 20814

SUBJECT:

WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - RESPONSE TO REQUEST FOR ADDITIONAL INFORMATION (CAC/DOCKET/EPID: 001554/05000438/L-2018-LLM-0155)

Dear Mr. McCollum:

By letter dated March 13, 2020 (Agency-wide Document Access and Management System (ADAMS) Accession No. ML20076A662), you requested that the proprietary version of the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Response to Request for Additional Information A nonproprietary copy of the document has been placed in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room and added to ADAMS with the following accession number:

• Response to Request for Additional Information (ADAMS Accession No. ML20073P376)

The affidavit signed by you and Mr. Franklin L. Haney stated that the submitted information should be considered exempt from mandatory public disclosure due to the proprietary nature of the information contained in the report.

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 the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the version of 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 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, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants 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

W. McCollum 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) 415-6616 or Omid.Tabatabai-Yazdi@nrc.gov.

Sincerely,

/RA/

Omid Tabatabai, Senior Project Manager New Reactor Licensing Branch Division of New and Renewed Licenses Office of Nuclear Reactor Regulation Docket Nos. 50-438 and 50-439 cc: Distribution via Listserv

ML20112F317 *via email NRR-106 OFFICE NRR/DNRL/NRLB: PM NRR/DNRL/NRLB: LA NRR/DNRL/NRLB: PM NAME OTabatabai* CSmith* OTabatabai*

DATE 04/30/2020 04/30/2020 04/30/2020