ML22320A042
| ML22320A042 | |
| Person / Time | |
|---|---|
| Site: | Triso-X |
| Issue date: | 12/05/2022 |
| From: | Soto S NRC/NMSS/DFM/FFLB |
| To: | Wheeler J Triso-X |
| References | |
| Download: ML22320A042 (1) | |
Text
December 5, 2022 Jennifer K. Wheeler Director, Regulatory Affairs Triso-X, LLC 801 Thompson Avenue Rockville, MD 20852
SUBJECT:
TRISO-X, LLC - ONLINE REFERENCE PORTAL INFORMATION ACCESS AGREEMENT
Dear Jennifer Wheeler:
TRISO-X, LLC (TRISO-X) and the U.S. Nuclear Regulatory Commission (NRC) staff discussed the use of an online reference portal that would provide the authorized NRC staff and contractors with limited read-only access to certain materials owned by and under the control of TRISO-X. The purpose of the online reference portal is to enhance the NRCs ability to timely and efficiently perform its regulatory licensing responsibilities by providing access to reference materials. If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or otherwise necessary to support the NRC staffs regulatory licensing responsibilities, the NRC staff will request that TRISO-X formally submit such information in accordance with Title 10 of the Code of Federal Regulations Section 50.4, Written communications.
The enclosed Information Access Agreement should be used as the only acknowledgement form for the authorized NRC staff and contractors access to the online reference portal. Any proposed modification or addition to the enclosed Information Access Agreement would require further review by the NRC staff. The NRC requests that TRISO-X sign, date, and return the Information Access Agreement enclosed with this letter.
If you have any questions about this matter, please contact Jonathan Rowley at (301) 415-4053 or via email at jonathan.rowley@nrc.gov.
Sincerely, Signed by Soto Lugo, Soly on 12/05/22 Soly Soto Lugo, Acting Chief Fuel Facility Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 07007027 License No. SNM-7007
Enclosure:
As stated
INFORMATION ACCESS AGREEMENT BETWEEN TRISO-X, LLC AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION This agreement is made and effective on this (Effective Date) by and between the December 5, 2022 UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC) and TRISO-X, LLC (TRISO-X) (collectively the Parties) for the purpose of facilitating the NRCs access to an online reference portal maintained by TRISO-X or their parent company X Energy, LLC, through which NRC staff and contractors approved in accordance with Section 1 (the authorized NRC staff and contractors) may access certain documents related to the construction and operation of the TRISO-X Fuel Fabrication Facility to be located in Oak Ridge, TN (the Facility).
Whereas TRISO-X desires to enhance the NRCs ability to timely and efficiently perform its regulatory licensing and oversight functions with respect to the Facility, including by providing the authorized NRC staff and contractors with access to certain documents owned by or under the control of TRISO-X through an online reference portal so that the NRC staff may access such information in a timely manner; and Whereas information accessed by the authorized NRC staff and contractors may consist of information considered by TRISO-X to be trade secrets, or privileged or confidential commercial and financial information (Proprietary Information), which by their nature may be considered to be Export Controlled Information; and Whereas TRISO-X is willing to make such Proprietary Information available to the authorized NRC staff and contractors for the purpose of promoting timely and efficient NRC regulatory licensing and oversight of the Facility, subject to the terms and conditions set forth below.
The Parties mutually agree as follows:
Terms:
- 1. At no charge to the NRC staff, TRISO-X agrees to maintain and make available to the authorized NRC staff and contractors an online reference portal in which TRISO-X will provide access to documents relating to the Facility, which may include Proprietary Information. TRISO-X will provide the NRC staff with login credential access to the online reference portal. The Parties will separately agree upon a list of authorized NRC staff and contractors permitted to use the login credential access. This list of the authorized users will include only the NRC staff and contractors who have been determined to have a requisite need to access the online reference portal in furtherance of official duties in relation to regulatory licensing and oversight of the Facility. This list of authorized users may be revised from time to time upon agreement of the Parties. The points of contact for the Parties for the purpose of agreeing upon the list of authorized users are TRISO-Xs Director of Regulatory Affairs (for TRISO-X); and the NRCs Project Manager for TRISO-X (for the NRC).
- 2. The Authorized NRC staff and contractors may use the online reference portal only to access TRISO-X documents, including Proprietary Information, and only in furtherance of official duties and in accordance with any of TRISO-Xs reasonable policies and procedures governing access and use. The Parties expressly recognize that TRISO-X reserves the right to revoke the NRC staff access to the portal at any time.
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- 3. The online reference portal will be available to the authorized NRC staff and contractors through read only access with no capability to (a) modify information on the online reference portal, (b) control the online reference portal application, or (c) print, save, or download information from the online reference portal.
- 4. The Parties expressly acknowledge that documents placed into the online reference portal and made available to the authorized NRC staff and contractors are owned by and under the control of TRISO-X. The NRC staff does not consider documents placed in the online reference portal to constitute agency records for purposes of the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the NRCs implementing FOIA regulations in Title 10 of the Code of Federal Regulations (10 CFR) Part 9. The fact that TRISO-X makes Proprietary Information available to the NRC staff as provided in this Agreement shall not, in and of itself, be construed as a waiver of the proprietary nature of such Proprietary Information, or as an indication that such information residing within the online reference portal is not owned by, under the control of and in the possession of TRISO-X.
- 5. If the NRC staff determines that information viewed or accessed via the online reference portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory licensing and oversight responsibilities with respect to the Facility, the NRC staff will request that TRISO-X formally submit such information in accordance with 10 CFR § 70.5, Communications. TRISO-X shall abide by the requirements in 10 CFR § 2.390(b) when submitting such information to the NRC staff if TRISO-X seeks to have information contained within that correspondence withheld from public disclosure. If the NRC receives a FOIA request that encompasses records formally submitted by TRISO-X to the NRC in accordance with the affidavit requirements, such information shall be subject to disclosure only in accordance with the provisions of 10 CFR § 9.19, Segregation of exempt information and deletion of identifying details.
- 6. Information made available to the authorized NRC staff and contractors only through the online reference portal does not constitute communications as part of the formal licensing, oversight, or enforcement functions with respect to the Facility pursuant to applicable regulations contained in 10 CFR. TRISO-X is not required to submit an affidavit or mark documents in accordance with 10 CFR § 2.390 when making them accessible through the online reference portal. TRISO-X makes no warranty, guarantee, or representation as to the completeness or accuracy of information that the authorized NRC staff or contractors access through the portal. The NRC requirements governing completeness and accuracy of information apply to any information that TRISO-X submits to the NRC in accordance with NRC regulations, or information that TRISO-X is otherwise required to maintain or provide pursuant to statute, order, license, or regulation.
- 7. This Agreement may be modified at any time in a writing signed by the Parties. Either party shall have the right, upon written notice to the other party, to terminate this Agreement, in whole or in part, at any time, without cost, penalty, or liability to any party.
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IN WITNESS WHEREOF, the undersigned have executed this Agreement.
UNITED STATES NUCLEAR REGULATORY COMMISSION Signed by Helton, Shana Signed by Masters, Anthony on 12/05/22 on 12/05/22 By: By:
Director, Division of Fuel Director, Division of Fuel Facility
Title:
Management
Title:
Inspection Date: Date:
December 5, 2022 December 5, 2022 TRISO-X, LLC X Energy, LLC By: By:
Title:
President
Title:
Senior VP and General Counsel Date: Date:
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Ltr ML22320A042
- via email OGC/GCRPS OFFICE NMSS/DFM/FFLB NMSS/DFM/FFLB NMSS/DFM
/HLWFCNS/NLO SHelton NAME JRowley JR ELee EL PJehle PJ LHowell for LH DATE Nov 16, 2022 Nov 16, 2022 Nov 16, 2022 Nov 21, 2022 OFFICE R-II/DFFI NMSS/REFS NMSS/DFM R-II/DFFI*
NAME AMasters AM SSoto SS SHelton SH AMasters AM DATE Dec 1, 2022 Dec 5, 2022 Dec 5, 2022 Dec 5, 2022