ML15232A226

University of Missouri - Columbia - Transmittal of Corrected Affidavit to the June 20, 2015, Request to Amend the Technical Specification

ML15232A226
Person / Time
Site:	University of Missouri-Columbia
Issue date:	08/18/2015
From:	Butler R A Univ of Missouri - Columbia
To:	Document Control Desk, Office of Nuclear Reactor Regulation
References
Download: ML15232A226 (3)

Text

UNIVERSITY of MISSOURIRESEARCH REACTOR CENTERAugust 18, 2015U.S. Nuclear Regulatory CommissionAttention: Document Control DeskMail Station P1-37Washington, DC 20555-000 1

Reference:

Docket 50-186University of Missouri-Columbia Research ReactorAmended Facility License No. R-103

Subject:

Written communication as specified by 10 CFR 50.4(b)(1) requesting U.S.Nuclear Regulatory Commission approval to amend the TechnicalSpecifications appended to Amended Facility License No. R-103 pursuant to10 CFR 50.59(c) and 10 CFR 50.90By letter dated July 20, 2015, the University of Missouri-Columbia Research Reactor (MURR)submitted a request to amend the Technical Specifications appended to Amended Facility LicenseNo. R-103 pursuant to 10 CFR 50.59(c) and 10 CFR 50.90. Two versions of the request wereincluded: one version which contained proprietary information that we requested be withheldfrom public disclosure per 10 CFR 2.390 while the second was a redacted version that could bedisclosed to the public. An affidavit, dated July 20, 2015, was attached which explained thereasoning for this request. A typographical error was later noted on the affidavit. Attached is thecorrect affidavit, dated August 18, 2015. Please use the attached affidavit in lieu of the affidavitdated July 20, 2015.If you have any questions, please contact me at (573) 882-5271.Sincerely,Ralph A. Butler, P.E.DirectorRAB/jlb Enclosures 1513 Research Park Drive Columbia, MO 65211 Phone: 573-882-4211 Fax: 573-882-6360 Web: www.murr.missouri.eduFighting Cancer with Tomorrow 's Technology UNIVERSITY of MISSOURIRESEARCH REACTOR CENTER10 CFR 2.390 AFFIDAVIT OF RALPH A. BUTLERAFFI DAVITI, Ralph A. Butler, herby affirm and state as follows:(1) I am the Executive Director, of University of Missouri Research Reactor (MURR), and I have beenauthorized to execute this affidavit on behalf of MURR.(2) The information contained in the enclosed letter, dated July 20, 2015, regarding a request toamend Facility License No. R-103 contains proprietary commercial information related to MURRbecoming a domestic supplier of Iodine 131. The letter is clearly labeled "Withhold from PublicDisclosure Under 10 CFR 2.390." The proprietary information includes sensitive businessinformation created by or for MURR. This information should be held in confidence by the NRCand withheld from public disclosure.(3) In making this application for withholding of proprietary information of which it is the owner,MURR believes that the information qualifies for withholding under the exemption fromdisclosure set forth in the Freedom of Information Act ("FOIA"), 5 U.S.C. Section 552(b)(4), theTrade Secrets Act, 18 U.S.C. Section 1905, and NRC regulations 10 CFR 9.17(a)(4) and 2.390(a)(4)for trade secrets and commercial information because:i.This information is and has been held in confidence by MURR.ii. This information is of a type that is customarily held in confidence by MURR, and thereis a rational basis for doing so because the information includes sensitive businessinformation pertaining to the production of Iodine 131.iii. The information is being transmitted to the NRC voluntarily and in confidence.iv. This information is not available in public sources and could not be gathered readilyfrom other publicly available information.v. Public disclosure of this information would create substantial harm to the competitiveposition of MURR by disclosing certain business decisions MURR has made or isconsidering and the analysis that went behind those decisions. Development andevaluation of this commercial information was achieved at, and disclosure could lead toadditional, significant cost to MURR.vi. Public disclosure of the information sought to be withheld is likely to cause substantialharm to MURR'S competitive position. The value of the information goes beyond thedisclosure of actual information pertaining to MURR's potential business, and includessubstantial time and work towards developing the project, and represents significantefforts by MURR and its associates. The research, development, engineering, andanalytical costs comprise a substantial investment of time and money by MURR. Theprecise value of the information is difficult to quantify, but clearly is substantial.vii. MURR's competitive advantage will be lost if its competitors are able to use the resultsof MURR's activities to aid their own commercial activities. The value of this information1513 Research Park Drive Columbia, MO 65211 Phone: 573-882-4211 Fax: 573-882-6360 Web: www.murr.missouri.eduFighting Cancer with Tom orrow's Technology to MURR would be lost if the information were disclosed to the public. Making suchinformation available to other entities without their having been required to undertakea similar expenditure of resources would unfairly provide competitors with a windfall,and deprive MURR of the opportunity to exercise its competitive advantage to seek anadequate return on its large investment.Ralph A. Butlerof /4M A t 2015.Witness my hand and Notarial Seal.in and for the State of Missouri, this JACQUELINE L.* BOHMNotary Public-Notary SealSTATE.O.1FMIssQURI......Commissioned .tor.Jlowar County.My Commission Expires: Mai~ch 26. 2019commission # 15634308My Commission Expires:3 /lQ /ZOl6Notar PI ~iicDate