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{{#Wiki_filter:UNITED STATES
{{#Wiki_filter:UNITED STATES  
                            NUCLEAR REGULATORY COMMISSION
NUCLEAR REGULATORY COMMISSION  
                                      WASHINGTON, D.C. 20555-0001
WASHINGTON, D.C. 20555-0001  
                                        September 30, 2020
Ms. Caroline Cochran
September 30, 2020  
Co-Founder, COO
Oklo Inc.
230 East Caribbean Drive
Ms. Caroline Cochran  
Sunnyvale, CA 94089
Co-Founder, COO  
SUBJECT:         WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC
Oklo Inc.  
                DISCLOSURE - OKLO, INC. VOLUNTARY RESPONSE TO NRC
230 East Caribbean Drive  
                REGULATORY ISSUE SUMMARY (RIS) 2017-08
Sunnyvale, CA 94089  
  Dear Ms. Cochran:
By letter dated August 26, 2020 (Agencywide Documents Access and Management System
SUBJECT:
(ADAMS) Accession No. ML20255A291), Oklo, Inc. submitted an affidavit executed by you to
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC  
the U.S. Nuclear Regulatory Commission (NRC) requesting the information contained in the
DISCLOSURE - OKLO, INC. VOLUNTARY RESPONSE TO NRC  
following document be withheld from public disclosure pursuant to Title 10 of the Code of
REGULATORY ISSUE SUMMARY (RIS) 2017-08
Federal Regulations (10 CFR), Section 2.390:
   
        Oklo, Inc. Response to NRC Regulatory Issue Summary 2017-08
Dear Ms. Cochran:  
In its letter dated August 26, 2020, Oklo requested that the letter and its enclosure be withheld
from public disclosure pursuant to 10 CFR §2.390. In a subsequent email to the NRC staff, you
By letter dated August 26, 2020 (Agencywide Documents Access and Management System  
confirmed that the affidavit applies specifically to Enclosure 2 to the letter and that the letter and
(ADAMS) Accession No. ML20255A291), Oklo, Inc. submitted an affidavit executed by you to  
affidavit can be made publicly available.
the U.S. Nuclear Regulatory Commission (NRC) requesting the information contained in the  
The affidavit stated that the submitted information should be considered exempt from mandatory
following document be withheld from public disclosure pursuant to Title 10 of the Code of  
public disclosure for the following reasons:
Federal Regulations (10 CFR), Section 2.390:  
a) The information sought to be withheld from public disclosure is owned by Oklo and has
    been held in confidence by Oklo and its consultants.
Oklo, Inc. Response to NRC Regulatory Issue Summary 2017-08  
b) The information sought to be protected is not available to the public to the best of your
    knowledge and belief.
In its letter dated August 26, 2020, Oklo requested that the letter and its enclosure be withheld  
c) The information is of the type that would customarily be held in confidence by Oklo policy,
from public disclosure pursuant to 10 CFR §2.390. In a subsequent email to the NRC staff, you  
    which holds that information is to be held in confidence if it falls in one or more of several
confirmed that the affidavit applies specifically to Enclosure 2 to the letter and that the letter and  
    types, the release of which might result in the loss of an existing or potential competitive
affidavit can be made publicly available.  
    advantage, as follows:
  i.   It contains information descriptive of proprietary technology, where preventing its
The affidavit stated that the submitted information should be considered exempt from mandatory  
        use by any of Oklos competitors without license from Oklo constitutes a competitive
public disclosure for the following reasons:  
        economic advantage over other companies.
a) The information sought to be withheld from public disclosure is owned by Oklo and has  
been held in confidence by Oklo and its consultants.  
b) The information sought to be protected is not available to the public to the best of your  
knowledge and belief.  
c) The information is of the type that would customarily be held in confidence by Oklo policy,  
which holds that information is to be held in confidence if it falls in one or more of several  
types, the release of which might result in the loss of an existing or potential competitive  
advantage, as follows:  
i.  
It contains information descriptive of proprietary technology, where preventing its  
use by any of Oklos competitors without license from Oklo constitutes a competitive  
economic advantage over other companies.


C. Cochran                                       -2-
C. Cochran  
  ii. Its use by a competitor would reduce their expenditure of resources or improve their
- 2 -  
        competitive position in the design, manufacture, shipment, installation, assurance of
        quality, or licensing a similar product.
ii.  
  iii. It reveals or can be used to infer cost or price information, production capacities,
Its use by a competitor would reduce their expenditure of resources or improve their  
        budget levels, or commercial strategies of Oklo, its customers, or suppliers.
competitive position in the design, manufacture, shipment, installation, assurance of  
  iv.   It reveals or can be used to infer aspects of past, present, or future Oklo or customer
quality, or licensing a similar product.  
        funded development plans and programs of potential commercial value to Oklo.
iii.  
  v.   It contains patentable ideas, for which patent protection may be desirable.
It reveals or can be used to infer cost or price information, production capacities,  
  vi.   The use of such information by Oklo gives Oklo a competitive advantage over its
budget levels, or commercial strategies of Oklo, its customers, or suppliers.  
        competitors. It is, therefore, withheld from disclosure to protect the Oklo competitive
iv.  
        position.
It reveals or can be used to infer aspects of past, present, or future Oklo or customer  
vii.   It includes information that is marketable in many ways. The extent to which such
funded development plans and programs of potential commercial value to Oklo.  
        information is available to competitors diminishes Oklos ability to sell products and
v.  
        services involving the use of the information.
It contains patentable ideas, for which patent protection may be desirable.  
viii. Use by our competitor(s) would put Oklo at a competitive disadvantage by reducing
vi.  
        their expenditure of resources at our expense.
The use of such information by Oklo gives Oklo a competitive advantage over its  
  ix.   Each component of proprietary information pertinent to a particular competitive
competitors. It is, therefore, withheld from disclosure to protect the Oklo competitive  
        advantage is potentially as valuable as the total competitive advantage. If competitors
position.  
        acquire components of proprietary information, any one component may be the key
vii.  
        to the entire puzzle, thereby depriving Oklo of a competitive advantage.
It includes information that is marketable in many ways. The extent to which such  
  x.   Unrestricted disclosure would jeopardize the position of prominence of Oklo in the
information is available to competitors diminishes Oklos ability to sell products and  
        world market, and thereby give a market advantage to the competition of those
services involving the use of the information.  
        countries.
viii.  
  xi.   The capacity of Oklo and its investors to invest corporate assets in research and
Use by our competitor(s) would put Oklo at a competitive disadvantage by reducing  
        development depends upon the success in obtaining and maintaining a competitive
their expenditure of resources at our expense.  
        advantage.
ix.  
The NRC staff has reviewed the affidavit and the material in accordance with the requirements
Each component of proprietary information pertinent to a particular competitive  
of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the
advantage is potentially as valuable as the total competitive advantage. If competitors  
submitted information sought to be withheld contains proprietary commercial information and
acquire components of proprietary information, any one component may be the key  
should be withheld from public disclosure.
to the entire puzzle, thereby depriving Oklo of a competitive advantage.  
Therefore, the submitted information marked as proprietary will be withheld from public
x.  
disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of
Unrestricted disclosure would jeopardize the position of prominence of Oklo in the  
1954, as amended.
world market, and thereby give a market advantage to the competition of those  
Withholding from public inspection will not affect the right, if any, of persons properly and
countries.  
directly concerned to inspect the documents. If the need arises, the NRC may send copies of
xi.  
the information to our consultants working in this area. The NRC staff will ensure that the
The capacity of Oklo and its investors to invest corporate assets in research and  
consultants have signed the appropriate agreements for handling proprietary information.
development depends upon the success in obtaining and maintaining a competitive  
If the basis for withholding this information from public inspection should change in the future
advantage.
such that the information could then be made available for public inspection, Oklo, Inc. should
promptly notify the NRC. Oklo, Inc. also should understand that the NRC may have cause to
The NRC staff has reviewed the affidavit and the material in accordance with the requirements  
review this determination in the future if, for example, the scope of a Freedom of Information Act
of 10 CFR 2.390 and, on the basis of the statements in the affidavit, has determined that the  
submitted information sought to be withheld contains proprietary commercial information and  
should be withheld from public disclosure.  
Therefore, 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, the NRC may send copies of  
the information to our consultants working in this area. The NRC staff 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, Oklo, Inc. should  
promptly notify the NRC. Oklo, Inc. also should understand that the NRC may have cause to  
review this determination in the future if, for example, the scope of a Freedom of Information Act  
request includes Oklo, Inc. information.
request includes Oklo, Inc. information.


C. Cochran                                       -3-
C. Cochran  
In all review situations, the NRC will follow applicable laws, regulations, and policies in
- 3 -  
conducting its review, including the NRCs policies on notifying the owner of information in
advance of any public disclosure.
In all review situations, the NRC will follow applicable laws, regulations, and policies in  
If you have any questions regarding this matter, please contact me via email at
conducting its review, including the NRCs policies on notifying the owner of information in  
Donna.Williams@nrc.gov.
advance of any public disclosure.  
                                                Sincerely,
                                                /RA/
If you have any questions regarding this matter, please contact me via email at  
                                                Donna M. Williams, Senior Project Manager
Donna.Williams@nrc.gov.  
                                                Advanced Reactor Licensing Branch
                                                Division of Advanced Reactors and Non-Power
Sincerely,  
                                                  Production and Utilization Facilities
                                                Office of Nuclear Reactor Regulation
/RA/  
Project No. 99902046
Docket No. 052-0049
cc: Distribution via list serv
Donna M. Williams, Senior Project Manager
Advanced Reactor Licensing Branch  
Division of Advanced Reactors and Non-Power  
Production and Utilization Facilities  
Office of Nuclear Reactor Regulation  
Project No. 99902046  
Docket No. 052-0049  
cc: Distribution via list serv  




  ML20262H054                              *via e-mail
  ML20262H054 
OFFICE   NRR/DANU/UARL/PM* NRR/DANU/UARL/LA* NRR/DANU/UARL/BC* NRR/DANU/UARL/PM*
   
NAME     DWilliams         SLent             BBeasley         DWilliams
DATE     09/15/2020       09/16/2020       09/29/2020       09/30/2020
*via e-mail  
OFFICE  
NRR/DANU/UARL/PM* NRR/DANU/UARL/LA*  
NRR/DANU/UARL/BC*  
NRR/DANU/UARL/PM*  
NAME  
DWilliams  
SLent  
BBeasley  
DWilliams  
DATE  
09/15/2020  
09/16/2020  
09/29/2020  
09/30/2020
}}
}}

Latest revision as of 05:30, 30 November 2024

Withholding Proprietary Information from Public Disclosure - Oklo, Inc. Voluntary Response to NRC Regulatory Issue Summary (RIS) 2017-08
ML20262H054
Person / Time
Site: 99902046, 05200049
Issue date: 09/30/2020
From: David Williams
NRC/NRR/DANU/UARL
To: Cochran C
Oklo Inc
Williams D, NRR/DANU/UARL, 301-415-1322
References
RIS 2017-08
Download: ML20262H054 (4)
v • d • e


See also: RIS 2017-08

Text

UNITED STATES

NUCLEAR REGULATORY COMMISSION

WASHINGTON, D.C. 20555-0001

September 30, 2020

Ms. Caroline Cochran

Co-Founder, COO

Oklo Inc.

230 East Caribbean Drive

Sunnyvale, CA 94089

SUBJECT:

WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC

DISCLOSURE - OKLO, INC. VOLUNTARY RESPONSE TO NRC

REGULATORY ISSUE SUMMARY (RIS) 2017-08

Dear Ms. Cochran:

By letter dated August 26, 2020 (Agencywide Documents Access and Management System

(ADAMS) Accession No. ML20255A291), Oklo, Inc. submitted an affidavit executed by you to

the U.S. Nuclear Regulatory Commission (NRC) 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), Section 2.390:

Oklo, Inc. Response to NRC Regulatory Issue Summary 2017-08

In its letter dated August 26, 2020, Oklo requested that the letter and its enclosure be withheld

from public disclosure pursuant to 10 CFR §2.390. In a subsequent email to the NRC staff, you

confirmed that the affidavit applies specifically to Enclosure 2 to the letter and that the letter and

affidavit can be made publicly available.

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

public disclosure for the following reasons:

a) The information sought to be withheld from public disclosure is owned by Oklo and has

been held in confidence by Oklo and its consultants.

b) The information sought to be protected is not available to the public to the best of your

knowledge and belief.

c) The information is of the type that would customarily be held in confidence by Oklo policy,

which holds that information is to be held in confidence if it falls in one or more of several

types, the release of which might result in the loss of an existing or potential competitive

advantage, as follows:

i.

It contains information descriptive of proprietary technology, where preventing its

use by any of Oklos competitors without license from Oklo constitutes a competitive

economic advantage over other companies.

C. Cochran

- 2 -

ii.

Its use by a competitor would reduce their expenditure of resources or improve their

competitive position in the design, manufacture, shipment, installation, assurance of

quality, or licensing a similar product.

iii.

It reveals or can be used to infer cost or price information, production capacities,

budget levels, or commercial strategies of Oklo, its customers, or suppliers.

iv.

It reveals or can be used to infer aspects of past, present, or future Oklo or customer

funded development plans and programs of potential commercial value to Oklo.

v.

It contains patentable ideas, for which patent protection may be desirable.

vi.

The use of such information by Oklo gives Oklo a competitive advantage over its

competitors. It is, therefore, withheld from disclosure to protect the Oklo competitive

position.

vii.

It includes information that is marketable in many ways. The extent to which such

information is available to competitors diminishes Oklos ability to sell products and

services involving the use of the information.

viii.

Use by our competitor(s) would put Oklo at a competitive disadvantage by reducing

their expenditure of resources at our expense.

ix.

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 Oklo of a competitive advantage.

x.

Unrestricted disclosure would jeopardize the position of prominence of Oklo in the

world market, and thereby give a market advantage to the competition of those

countries.

xi.

The capacity of Oklo and its investors to invest corporate assets in research and

development depends upon the success in obtaining and maintaining a competitive

advantage.

The NRC staff has 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, has determined that the

submitted information sought to be withheld contains proprietary commercial information and

should be withheld from public disclosure.

Therefore, 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, the NRC may send copies of

the information to our consultants working in this area. The NRC staff 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, Oklo, Inc. should

promptly notify the NRC. Oklo, Inc. also should understand that the NRC may have cause to

review this determination in the future if, for example, the scope of a Freedom of Information Act

request includes Oklo, Inc. information.

C. Cochran

- 3 -

In all review situations, the NRC will follow applicable laws, regulations, and policies in

conducting its review, including the NRCs policies on notifying the owner of information in

advance of any public disclosure.

If you have any questions regarding this matter, please contact me via email at

Donna.Williams@nrc.gov.

Sincerely,

/RA/

Donna M. Williams, Senior Project Manager

Advanced Reactor Licensing Branch

Division of Advanced Reactors and Non-Power

Production and Utilization Facilities

Office of Nuclear Reactor Regulation

Project No. 99902046

Docket No. 052-0049

cc: Distribution via list serv

ML20262H054

  • via e-mail

OFFICE

NRR/DANU/UARL/PM* NRR/DANU/UARL/LA*

NRR/DANU/UARL/BC*

NRR/DANU/UARL/PM*

NAME

DWilliams

SLent

BBeasley

DWilliams

DATE

09/15/2020

09/16/2020

09/29/2020

09/30/2020

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