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NRC Releases Regulatory Issue Summary Related to Regulatory Requirements for Withholding of Proprietary Information from Public Disclosure

The NRC has issued a regulatory issue summary, RIS 2014-01 (dated January 10, 2014), “Regulatory Requirements for Withholding of Proprietary Information from Public Disclosure,” to inform addressees how to request withholding of proprietary information from public disclosure under 10 CFR 2.390(b) and how to submit proprietary information to the NRC. This RIS does not transmit any new requirements or new staff positions. This RIS requires no action or written response on the part of an addressee.

In RIS 2014-01, the NRC informs addressees that requests to withhold proprietary information must comply with the requirements in 10 CFR 2.390. To do so, the NRC staff requests that each submittal requesting withholding of proprietary information from public disclosure must include an affidavit unless the submittal is requesting withholding of personal privacy information or the NRC has waived the affidavit requirement.  Unless one of these exclusions apply, the affidavit must meet several requirements, including that it must: be submitted at the same time as the request for withholding (which must be submitted at the same time that the document containing the information sought to be withheld is submitted); identify the document or part sought to be withheld; identify the official position of the person making the affidavit; declare the basis for proposing the information be withheld; contain a specific statement of the harm that would result if the information is disclosed to the public; indicate the location(s) in the document of all information sought to be withheld; contain a full statement of the reason for claiming the information should be withheld from public disclosure. RIS 2014-01 also informs addressees that information sought to be withheld must be marked appropriately as specified in 10 CFR 2.390. 

For RIS 2014-01, click here.