ML050800287

Request for Withholding Information from Public Disclosure - Aerotest Financial Information

ML050800287
Person / Time
Site:	Aerotest
Issue date:	03/23/2005
From:	Mendonca M NRC/NRR/DRIP/RNRP
To:	Tsukimura R Aerotest
Mendonca M, NRC/NRR/DRIP/RNRP, 415-1128
References
Download: ML050800287 (4)

Text

March 23, 2005 Mr. Ray Tsukimura, President Aerotest Operations Inc.

3455 Fostoria Way San Ramon, CA 94583

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE -

AEROTEST FINANCIAL INFORMATION

Dear Mr. Tsukimura:

By letter dated February 28, 2005, Mr. Michael S. Anderson, Corporate Secretary of OEA, Inc.

submitted your March 2, 2005, affidavit to withhold certain information from public disclosure pursuant to 10 CFR 2.390.

First, your affidavit requested that the Security Plan be exempt from disclosure per 10 CFR 2.390(a)(3) as Safeguards Information. Safeguards Information does not require such an affidavit. Aerotest has designated the security plan as Safeguards Information. We have also reviewed the information and find that it is consistent with what the NRC has designated as Safeguards Information for your facility in accordance with 10 CFR 73.21. Therefore, your Security Plan will be designated, protected, and withheld from public disclosure as Safeguards Information in accordance with 10 CFR 73.21.

Second, your affidavit requested that Chapter 15, Financial Assurance of the Updated Safety Analysis Report (USAR) for the Aerotest Radiography and Research Reactor, dated February 28, 2005, be withheld from public disclosure pursuant to 10 CFR 2.390(a)(4). The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure is unpublished financial information, which is designated as privileged and confidential.

2. The information is transmitted to the NRC in confidence.

3. Public disclosure of the information would cause substantial harm to Aerotest by providing detailed financial information to its competitors and other parties whose interest may be adverse to Aerotests.

We have reviewed the affidavit and the material in accordance with the requirements and criteria of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information.

Therefore, 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.

Mr. Tsukimura March 23, 2005 Withholding from public inspection shall not effect the rights, 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 information, Aerotest should promptly notify the NRC. Aerotest 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 this information. In all review situations, if the NRC makes a determination adverse to the above, Aerotest will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1128.

Sincerely,

/RA/

Marvin M. Mendonca, Senior Project Manager Research and Test Reactors Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-228 cc: See next page

Aerotest Operations, Inc. Docket No. 50-228 cc:

Mr. Fred Meren, President Aerotest Operations, Inc.

3455 Fostoria Way San Ramon, CA 94583 Director Energy Facilities Siting Division Energy Resources Conservation and Development Commission 1516 9th Street Sacramento, CA 95814 Mr. Steve Hsu Radiological Health Branch State Department of Health Services P.O. Box 942732 Sacramento, CA 94234-7320 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611

Mr. Tsukimura March 23, 2005 Withholding from public inspection shall not effect the rights, 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 information, Aerotest should promptly notify the NRC. Aerotest 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 this information. In all review situations, if the NRC makes a determination adverse to the above, Aerotest will be notified in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at 301-415-1128.

Sincerely,

/RA/

Marvin M. Mendonca, Senior Project Manager Research and Test Reactors Section New, Research and Test Reactors Program Division of Regulatory Improvement Programs Office of Nuclear Reactor Regulation Docket No. 50-228 cc: See next page DISTRIBUTION:

PUBLIC RNRP/R&TR r/f PYoung AAdams TDragoun MMendonca DHughes WEresian TRothschild (OGC) EHylton DMatthews PDoyle KWitt CBassett PMadden GHill (2)

PIsaac ADAMS ACCESSION NO.: ML050800287 TEMPLATE No.: NRR-106 OFFICE RNRP:PM RNRP:LA NSIR RNRP:SC NAME MMendonca EHylton BStapleton PMadden DATE 03/ 22 /05 03/ 22 /05 03/ 23 /05 03/ 23 /05 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY