Letter to J. Tomlinson Approval of Holtec International Request for Withholding Information from Public Disclosure-Certificate of Compliance No. 1014, HI-STORM 100 Dry Spent Fuel Storage System, Final Safety Analysis Report, Revision 15ML18150A208 |
Person / Time |
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Site: |
Holtec |
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Issue date: |
05/30/2018 |
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From: |
Yen-Ju Chen Spent Fuel Licensing Branch |
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To: |
Tomlinson J Holtec |
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Chen Y |
References |
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CAC 001028 |
Download: ML18150A208 (3) |
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Category:Letter
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May 30, 2018 Ms. Joyce Tomlinson Adjunct Licensing Manager Technology Campus 1 Holtec Blvd.
Camden, NJ 08104
SUBJECT:
APPROVAL OF HOLTEC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURECERTIFICATE OF COMPLIANCE NO. 1014, HI-STORM 100 DRY SPENT FUEL STORAGE SYSTEM, FINAL SAFETY ANALYSIS REPORT, REVISION 15
Dear Ms. Tomlinson:
By letter dated April 27, 2018, you submitted affidavits requesting that certain information contained in the submittal for the HI-STORM 100 Dry Spent Fuel Storage System, Final Safety Analysis Report, Revision 15, to be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390.
A non-proprietary copy of the submittal is placed in the U.S. Nuclear Regulatory Commissions (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavits state that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- The information discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies.
- The information, if used by a competitor, would reduce the expenditure of resources or improve the competitive position of the competitor in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- The information discloses patentable subject matter for which Holtec may be desirable to obtain patent protection.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, 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.
J. Tomlinson 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 of the date of public disclosure, in advance, which will be a reasonable time thereafter.
If you have any questions regarding this matter, you may contact me at 301-415-1018.
Sincerely,
/RA/
Yen-Ju Chen, Senior Project Manager Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards CAC No. 001028 Docket No. 72-1014
ML18150A208 OFC NMSS/DSFM NMSS/DSFM NMSS/DSFM WWheatley NAME YChen JMcKirgan via email DATE 5/22/2018 5/25/2018 5/30/18