ML25128A295
| ML25128A295 | |
| Person / Time | |
|---|---|
| Site: | 07007040 |
| Issue date: | 06/16/2025 |
| From: | Shana Helton, Nolan S General Matter, Division of Fuel Management |
| To: | |
| Shared Package | |
| ML25128A293 | List: |
| References | |
| Download: ML25128A295 (1) | |
Text
INFORMATION ACCESS AGREEMENT BETWEEN GENERAL MATTER, INC. AND THE UNITED STATES NUCLEAR REGULATORY COMMISSION This agreement is made and eective on this May 27, 2025 (Eective Date) by and between the UNITED STATES NUCLEAR REGULATORY COMMISSION (NRC) and GENERAL MATTER, INC. (GeM) (collectively the Parties) for the purpose of facilitating the NRCs access to an online reference portal maintained by GeM, through which NRC sta and contractors approved in accordance with Section 1 (the authorized NRC sta and contractors) may access certain documents related to the licensing, construction, and operation of GeMs facilities.
Whereas Statements:
1.
Purpose:
GeM desires to enhance the NRCs ability to timely and eiciently perform its regulatory licensing and oversight functions with respect to activities associated with GeM, including providing the authorized NRC sta and contractors with access to certain documents owned by or under the control of GeM through an online reference portal, so that the NRC sta may access such information in a timely manner.
- 2. Proprietary Information: Information accessed by the authorized NRC sta and contractors may consist of information considered by GeM to be trade secrets, or business con"dential commercial and "nancial information (such as proprietary information).
- 3. Commitment: GeM is willing to make such information available to authorized NRC sta and contractors for the purpose of promoting timely and eicient performance of the NRCs licensing responsibilities with respect to the activities associated with GeM, subject to the terms and conditions set forth below.
The Parties mutually agree as follows:
Terms:
- 1. Access to the Online Reference Portal:
o GeM agrees to maintain and make available to the authorized NRC sta and contractors an online reference portal in which GeM will provide access to the online reference portal.
o Access will be provided at no charge to the NRC.
o GeM will provide the NRC sta with login credentials to the portal. The Parties will separately agree upon the NRC sta and contractors authorized to use the login credential access. These authorized users will include only the NRC sta and contractors who have been determined to have a need to access the online reference portal. This list may be revised from time to time by mutual agreement of the Parties. The points of contract for the Parties for the purpose of agreeing upon the authorized users are GeMs Vice President of Facilities and the NRC Lead Project Manager for GeM.
- 2. Use of the Portal:
o The authorized NRC sta and contractors may use the portal to access documents, including proprietary information, and only in furtherance of oicial duties and in accordance with GeMs policies and procedures governing access and use.
o The only reference portal will be available to authorized NRC sta 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.
o GeM reserves the right to revoke or modify access to speci"c folders at any time.
- 3. Ownership and Control:
o The Parties expressly acknowledge that documents placed into the online reference portal and made available to authorized NRC sta and contractors are owned by and under the control of GeM. The NRC sta does not consider documents placed into 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 10 CFR Part 9.
o The fact that GeM makes proprietary information available to the NRC sta as provided in this agreement shall not, in and of itself, be construed as a waiver of the proprietary nature of such information or an acknowledgement that such information residing within the online reference portal is not owned by, under the control of, and in the possession of GeM. Providing
access to Proprietary Information through the portal does not constitute a waiver of the proprietary nature of such information.
- 4. Formal Evaluation Requests:
o If the NRC determines that any information viewed or accessed via the portal is necessary for formal evaluation or otherwise necessary in support of the NRCs regulatory licensing and oversight responsibilities, the NRC sta will request that GeM formally submit the information in accordance with 10 CFR
§ 70.5, Communications. GeM shall abide by the requirements in 10 CFR § 2.390(b) and other applicable NRC regulations when submitting such information to the NRC sta if GeM seeks to have information contained within that correspondence withheld from public disclosure. If the NRC sta receives a FOIA request that encompasses records formally submitted by GeM in accordance with the aidavit requirements of 10 CFR § 2.390(b),
such information shall be subject to the disclosure only in accordance with the provisions of 10 CFR § 9.19.
- 5. Exclusions:
o Information made available to authorize the NRC sta 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 GeM. GeM is not required to submit an aidavit or mark documents in accordance with 10 CFR § 2.390 when making them accessible through the online reference portal. GeM acknowledges that information made available through the online reference portal will meet the NRC sta requirements governing completeness and accuracy of information as it may apply to any information that GeM provides to the NRC.
- 6. Con"dentiality and Data Protection:
o The Parties agree to comply with all applicable laws and regulations regarding the handling and protection of proprietary information and export-controlled information.
o GeM may impose reasonable policies and procedures governing the online reference portals use to safeguard proprietary information.
- 7. Modi"cations and Termination:
o This Agreement may be modi"ed at any time in writing signed by the Parties.
o 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.
- 8. Points of
Contact:
o For GeM:
Ashby Bridges, Vice President of Facilities, General Matter, Inc., 1 Letterman Dr., Bldg D 5th Floor, San Francisco, CA 94129-1494 USA, +01 (706) 833-2897, Ashby@generalmatter.com o
For NRC:
Name and Title of NRC Representative: Jonathan Rowley Address: 11555 Rockville Pike, Rockville, MD 20852, Mail Stop: T4-B34 Phone Number: (301) 415-4053 Email: Jonathan.Rowley@nrc.gov IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Eective Date.
UNITED STATES NUCLEAR REGULATORY COMMISSION Signed:
Name and
Title:
Shana Helton, DFM Director Date: June 16, 2025 GENERAL MATTER, INC.
Signed:
Name and
Title:
Scott Nolan, CEO Date: May 27, 2025 SHANA HELTON Digitally signed by SHANA HELTON Date: 2025.06.16 13:41:49
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