ML12200A058

Aerotest Operations, Inc. - Request for Withholding Information from Public Disclosure from Aerotest Operations, Inc. and Nuclear Labyrinth, Llc. Tac No. ME8811)

ML12200A058
Person / Time
Site:	Aerotest
Issue date:	07/26/2012
From:	Alexander Adams Division of Policy and Rulemaking
To:	Brisighella D, Slaughter D Aerotest, Nuclear Labyrinth LLC
Traiforos S A
References
TAC ME8811
Download: ML12200A058 (4)

Text

July 26, 2012 Mr. Dario Brisighella, President Aerotest Operations, Inc. 3350 Airport Road Ogden, UT 84405 Dr. David M. Slaughter, Chief Executive Officer Nuclear Labyrinth LLC 10874 South Bay Meadow Circle Sandy, UT 84092

SUBJECT:

AEROTEST OPERATIONS, INC. AND NUCLEAR LABYRINTH LLC - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME8811)

Dear Mr. Brisighella and Dr. Slaughter:

By letter dated May 30, 2012, you submitted an affidavit dated May 30, 2012, executed on May 25, 2012, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

"Application for Approval of Indirect Transfer of Control of License Pursuant to 10 C.F.R. § 50.80" The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

1. The information sought to be withheld from public disclosure are sections of the Application for Approval of Indirect Transfer of Control of License Pursuant to 10 C.F.R. § 50.80 dated May 30, 2012 submitted by Aerotest Operations Inc. and Nuclear Labyrinth marked as Business Confidential including Attachments (6) and (7). 2. The persons making this request are Dario Brisighella of Aerotest and Dr. David M. Slaughter of Nuclear Labyrinth. 3. The basis for proposing that the information be withheld from public disclosure is that information contained in the Application includes confidential business and financial information of Aerotest and Nuclear Labyrinth, which information has been held in confidence by Aerotest and Nuclear Labyrinth, is a type customarily held in confidence, is not available in public sources, and if publicly disclosed would be likely to cause substantial harm to the competitive position of Aerotest and Nuclear Labyrinth taking into account the value of the information, the amount of effort and money expended by Aerotest and Nuclear Labyrinth D. Brisighella, in developing the information and the difficult with which the information could be acquired or duplicated by others; 4. If such information was disclosed to the public, Aerotest and Nuclear Labyrinth believe that competitive harm would result; 5. The Application has been marked to show locations of the information sought to be withheld.

During a call with the U.S. Nuclear Regulatory Commission Staff on June 21, 2012, you stated that from the entire application only Attachments 6 and 7 should be withheld from public disclosure. Therefore, the numerical content of Attachments 6 and 7, 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. We communicated to you our decision to make a non-proprietary version of the application available to the public, by blocking out all numerical information and you agreed with the process. The non-proprietary version of the application is in Agencywide Documents Access and Management System under Accession number ML12180A384.

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.

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, please contact, Spyros Traiforos, Project Manager at (301) 415-3965.

Sincerely, /RA/ Alexander Adams, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 cc: See next page D. Brisighella, in developing the information and the difficult with which the information could be acquired or duplicated by others; 4. If such information was disclosed to the public, Aerotest and Nuclear Labyrinth believe that competitive harm would result; 5. The Application has been marked to show locations of the information sought to be withheld.

During a call with the U.S. Nuclear Regulatory Commission Staff on June 21, 2012, you stated that from the entire application only Attachments 6 and 7 should be withheld from public disclosure. Therefore, the numerical content of Attachments 6 and 7, 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. We communicated to you our decision to make a non-proprietary version of the application available to the public, by blocking out all numerical information and you agreed with the process. The non-proprietary version of the application is in Agencywide Documents Access and Management System under Accession number ML12180A384.

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.

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, please contact, Spyros Traiforos, Project Manager at (301) 415-3965.

Sincerely, /RA/ Alexander Adams, Senior Project Manager Research and Test Reactors Licensing Branch Division of Policy and Rulemaking Office of Nuclear Reactor Regulation Docket No. 50-228 cc: See next page DISTRIBUTION

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Aerotest Operations, Inc. Docket No. 50-228 cc: Sandy Warren, General Manager Aerotest Operations, Inc. 3455 Fostoria Way San Ramon, CA 94583 California Energy Commission 1516 Ninth Street, MS-34 Sacramento, CA 95814

Radiologic Health Branch P.O. Box 997414, MS 7610 Sacramento, CA 95899-7414 Test, Research, and Training Reactor Newsletter University of Florida 202 Nuclear Sciences Center Gainesville, FL 32611 Pillsbury Winthrop Shaw Pittman LLP ATTN: Robert B. Haemer 2300 N Street, NW Washington, DC 20037-1122 Pillsbury Winthrop Shaw Pittman LLP ATTN: Jay Silberg 2300 N Street, NW Washington, DC 20037-1122 Michael S. Anderson Secretary of Aerotest Autoliv ASP, Inc. 1320 Pacific Drive Auburn Hills, MI 48326