ML19343A261
| ML19343A261 | |
| Person / Time | |
|---|---|
| Site: | 07109310 |
| Issue date: | 12/18/2019 |
| From: | Santos N Office of Nuclear Material Safety and Safeguards |
| To: | Soleimani M Best Theratronics, Ltd |
| Garcia-Santos N | |
| References | |
| EPID L-2019-RNW-0010 | |
| Download: ML19343A261 (3) | |
Text
L. Podolak UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 18, 2019 Mojgan Soleimani, M. Sc.
Director Quality and Regulatory Affairs, RSO Best Theratronics Ltd.
413 March Road Ottawa, Ontario Canada K2K 0E4
SUBJECT:
APPROVAL OF BEST THERATRONICS LTD. REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OF THE APPLICATION OF REVISION NO. 7, MODEL NO. F-431
Dear Ms. Soleimani:
During the review of Revision No. 7 of the Model No. F-431, you submitted affidavits dated May 23, 2019 [Agencywide Documents Access and Management System (ADAMS) Accession No. ML19150A567] and July 23, 2019 (ADAMS Accession No. ML19329A531), requesting that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:
- 1) Affidavit dated May 23, 2019 - IN/TR 1913 F-431 (C), May 9, 2019, F-431 Transport Package Safety Analysis Report - Proprietary Information; and
- 2) Affidavit dated July 23, 2019 - IN/TR 1913 F-431 (D), July 24, 2019, F-431 Transport Package Safety Analysis Report - Proprietary Information.
Non-proprietary copies of these documents, as appropriate, were placed in the U.S. Nuclear Regulatory Commissions (NRC's) Public Document Room and added to the ADAMS Public Electronic Reading Room.
In general, the affidavit notes that the information submitted should be considered exempt from mandatory public disclosure for the following reasons:
- The information discloses descriptions of the design and analysis of the Model No.
F-431, where prevention of its use by competitors of Best Theratronics Ltd. (Best Theratronics), without license from Best Theratronics, constitutes a competitive economic advantage over other companies.
- The information, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacturing, shipment, installation, and assurance of quality or licensing of a similar product.
M. Soleimani
- The information includes certain portions of the safety analysis report related to the design of the Model No. F-431 transport package, which are owned and are held in confidence by Best Theratronics.
Therefore, the version(s) 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.
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 301-415-6999.
Sincerely,
/RA/
Norma García Santos, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 71-9310 EPID L-2019-RNW-0010
ML19343A261 G:\SFST\Garcia\Casework_NGS\Radioactive Source or Material Packages\F-431\Proprietary_Determination_F431.doc OFFICE\DIV NMSS\DFM NMSS\DFM NMSS\DFM NAME N. García Santos S. Figueroa by email D. Doyle by email DATE 11/27/19 11/29/19 12/4/19