ML17041A430

University of Missouri Research Reactor - Request for Withholding Information from Public Disclosure

ML17041A430
Person / Time
Site:	University of Missouri-Columbia
Issue date:	02/16/2017
From:	Geoffrey Wertz NRC/NRR/DPR/PRLB
To:	Rhonda Butler Univ of Missouri - Columbia
Wertz G
References
CAC A11010
Download: ML17041A430 (3)

Text

February 16, 2017 Mr. Ralph A. Butler, Executive Director University of Missouri-Columbia Research Reactor Center 1513 Research Park Drive Columbia, MO 65211

SUBJECT:

UNIVERSITY OF MISSOURI-COLUMBIA RESEARCH REACTOR - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (CAC NO A11010)

Dear Mr. Butler:

By letter dated February 7, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17040A087), the University of Missouri-Columbia Research Reactor, requested a closed session for the February 13, 2017, public meeting to discuss the technical and licensing considerations associated with the Selective Gas Extraction experimental facility, and submitted an affidavit executed by Richard G. Miller, which requested that information contained in the following document be withheld from public disclosure pursuant to the Title 10 of the Code of Federal Regulations (10 CFR), Section 2.390:

Update General Atomics Proprietary Selective Gas Extraction Process at the University of Missouri Research Reactor The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

The information sought to be withheld is being submitted to the NRC in confidence. The information is of a sort customarily held in confidence, is of a sort customarily held in confidence by General Atomics, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by General Atomics. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

The information classified as proprietary was developed and compiled by General Atomics at a significant cost to General Atomics. This information is classified as proprietary because it contains detailed data and analytical results not available elsewhere. This information would provide other parties, including competitors, with information from General Atomics technical database and the results of evaluations performed by General Atomics. Release of this information would improve a competitor's position without the competitor having to expend similar resources for the

R. Butler development of the database. A significant effort has been expended by General Atomics to develop this information.

Public disclosure of the information sought to be withheld is likely to cause substantial harm to General Atomics' competitive position. The information is part of General Atomics' selective gas extraction technology base, and its commercial value extends beyond the original development cost.

The research, development, engineering, and analytical costs associated with General Atomics' unique selective gas extraction system and process comprise a substantial investment of time and resources by General Atomics.

The U.S. Nuclear Regulatory Commission (NRC) staff has reviewed your 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, 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 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 in advance of any public disclosure.

If you have any questions regarding this review, please contact me at (301) 415-0893 or via electronic mail at Geoffrey.Wertz@nrc.gov.

Sincerely,

/RA Alexander Adams Acting for/

Geoffrey A. Wertz, Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-186

ML17041A430; *concurred via e-mail NRR-084 OFFICE NRR/PRLB/PM* NRR/PRLB/LA* NRR/PRLB/BC NRR/PRLB/PM NParker (AAdams for)

NAME GWertz AAdams GWertz DATE 2/14/2017 2/14/2017 2/16/2017 2/16/2017