ML23191A189

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Request for Withholding Information from Public Disclosure for Nuclear Energy Institute (NEI) Technical Report NEI 22-01, License Termination Process
ML23191A189
Person / Time
Site: 99902028
Issue date: 07/24/2023
From: Tanya Hood
Office of Nuclear Material Safety and Safeguards
To: Mccullum R
Nuclear Energy Institute
References
EPID L-2023-NFO-0010
Download: ML23191A189 (1)


Text

Rodney McCullum Senior Director Decommissioning and Used Fuel Nuclear Energy Institute 1201 F Street, NW, Suite 1100 Washington, DC 20004

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR NUCLEAR ENERGY INSTITUTE (NEI) TECHNICAL REPORT NEI 22-01, LICENSE TERMINATION PROCESS (EPID L-2023-NFO-0010)

Dear Rodney McCullum:

By letter dated February 14, 2023, you submitted an affidavit dated February 13, 2023, on behalf of Nuclear Energy Institute (NEI), requesting that the information contained in the following document be withheld from public disclosure pursuant to Section 2.390, Public inspections, exemptions, requests for withholding, of Title 10 of the Code of Federal Regulations (10 CFR):

Technical Report NEI 22-01: License Termination Process A nonproprietary copy of this document was provided with the February 14, 2023, submittal, but was subsequently updated on April 11, 2023, to acknowledge additional information that was available in the public domain. The updated nonproprietary copy of this document has been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the NRC Library in the Agencywide Documents Access and Management System (ADAMS) under Accession No. ML23102A030.

The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1.

This information has been held in confidence by NEI. To the extent that NEI has shared this information with others, it has done so on a confidential basis.

2.

Technical Report NEI 22-01 License Termination Process contains confidential commercial information, the disclosure of which would adversely affect NEI.

3.

Public disclosure of this information would cause substantial harm to the competitive position of NEI because such information has significant commercial value to NEI.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

July 24, 2023

Therefore, the version 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.

Withholding from public inspection shall not affect the right, 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 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 in advance of any public disclosure.

If you have any questions regarding this matter, I may be reached at (301) 415-1387.

Sincerely, Tanya E. Hood, Project Manager Reactor Decommissioning Branch Division of Decommissioning, Uranium Recovery and Waste Programs Office of Nuclear Material Safety and Safeguards cc:

Listserv Signed by Hood, Tanya on 07/24/23

ML23191A189 OFFICE NMSS/DUWP/PM NMSS/DUWP/BC*

NMSS/DUWP/PM NAME THood SAnderson THood DATE 07/07/2023 07/13/2023 07/24/2023