ML18102B053

Kairos Power, LLC Response to Regulatory Issue Summary 2017-08

ML18102B053
Person / Time
Issue date:	04/19/2018
From:	William F NRC/NRO/DSRA/ARPB
To:	Hastings P Kairos Power
Williams F
References
RIS 2017-008
Download: ML18102B053 (3)

See also: RIS 2017-08

Text

April 19, 2018

Peter Hastings

Vice President, Regulatory Affairs and Quality

Kairos Power LLC

580 2nd Street, Suite 290

Oakland, California 94607

SUBJECT:

WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC

DISCLOSURE - KAIROS POWER LLC RESPONSE TO REGULATORY

ISSUE SUMMARY 2017-08, PROCESS FOR SCHEDULING AND

ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022

FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-

WATER REACTORS AND NON-LIGHT WATER REACTORS

Dear Mr. Hastings:

On March 14, 2018, Kairos Power, LLC (Kairos) submitted an affidavit to the U.S. Nuclear

Regulatory Commission (NRC) available through the NRC Agencywide Documents Access and

Management System (ADAMS) Accession No. ML18075A353 requesting the information

contained in the following document be withheld from public disclosure pursuant to Title 10 of

the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Kairos Power LLC Proprietary Response to Regulatory Issue Summary 2017-08,

ADAMS Accession No. ML18075A354.

The affidavit stated the submitted information should be considered exempt from mandatory

public disclosure because:

a. The information sought to be withheld from public disclosure is owned and has been

held in confidence by Kairos.

b. The information is of a type customarily held in confidence by Kairos and not customarily

disclosed to the public. Kairos has a rational basis for determining the types of

information customarily held in confidence by it and, in that connection, utilizes a system

to determine when and whether to hold certain types of information in confidence. The

application of that system and the substance of that system constitute Kairos policy and

provide the rational basis required.

c. The information is being transmitted to the Commission in confidence and, under the

provisions of 10 CFR 2.390, it is to be received in confidence by the Commission.

d. This information is not readily available in public sources.

P. Hastings

2

e. Public disclosure of this proprietary information is likely to cause substantial harm to the

competitive position of Kairos, because it would enhance the ability of competitors to

provide similar products and services by reducing their expenditure of resources using

similar project methods, equipment, testing approach, contractors, or licensing

approaches. This information is the result of considerable expense to Kairos and has

great value in that it will assist Kairos in providing products and services to new,

expanding markets not currently served by the company.

f.

The information could reveal or could be used to infer price information, cost information,

budget levels, or commercial strategies of Kairos.

g. Each component of proprietary information pertinent to a particular competitive

advantage is potentially as valuable as the total competitive advantage. If competitors

acquire components of proprietary information, any one component may be the key to

the entire puzzle, thereby depriving Kairos of a competitive advantage.

h. Unrestricted disclosure would jeopardize the position of Kairos in the world market, and

hereby give a market advantage to the competition in those countries.

We have reviewed the affidavit 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.

Therefore, the versions 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 will not affect the right, if any, of persons properly and

directly concerned to inspect the documents. If the need arises, NRC may send copies of the

information to our consultants working in this area. We will 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, Kairos should

promptly notify the NRC. Kairos 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 Kairos 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, please contact me at (301) 415-1470 or via

email at joseph.williams@nrc.gov.

Sincerely,

/RA/

Joseph F. Williams, Senior Project Manager

Advanced Reactor and Policy Branch

Division of Safety Systems, Risk Assessment, and

Advanced Reactors

Office of New Reactors

P. Hasting

3

WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - KAIROS

POWER LLC RESPONSE TO REGULATORY ISSUE SUMMARY 2017-08, PROCESS FOR

SCHEDULING AND ALLOCATING RESOURCES FOR FISCAL YEARS 2020 THROUGH 2022

FOR THE REVIEW OF NEW LICENSING APPLICATIONS FOR LIGHT-WATER REACTORS

AND NON-LIGHT WATER REACTORS

DISTRIBUTION:

Public

RidsNroDsra Resource

RidsNroDsraArpb Resource

RidsOgcMailCenter Resource

ADAMS ACCESSION No.:ML18102B053

NRO-002

OFFICE

NRO/DSRA

NRO/DSRA

NAME

JWilliams

JSegala

DATE

04/12/18

04/19/18

OFFICIAL RECORD COPY