DRC-2025-001074

March 31, 2025
Vern C. Rogers, Director, Regulatory Affairs
EnergySolutions, LLC
299 South Main Street, Suite 1700
Salt Lake City, UT 84111
RE:Clarification of Confidential/Proprietary Marks on Business Continuity Plan CL-BC-PN-001, Revision 8RAM License Number UT2300249
Dear Mr. Rogers:
The Division has received an update to procedure CL-BC-PN-001, Revision 8, Business Continuity Plan. The Letter of Transmittal contains "CL-BC-PN-001 Rev 8, Business Continuity Plan
– * Confidential *" and the cover sheet for the procedure has the "Proprietary" box checked. Additionally, the footer for every page after the cover sheet contains the word "Proprietary".
However, nowhere in the records does EnergySolutions make a claim of business confidentiality. In addition to the confidential and proprietary markings the records were submitted to
the Division by email. he Division does not consider email to be a securemethod for submission of confidential information and is not responsible for the release of records that wereobtained
by individuals outside of the Division from email servers outside of the State's control.
Based on these circumstances, it is not clear to the Division whether you intended to trigger management of the Records as confidential under the Government Records Access and Management
Act (GRAMA). The purpose of this letter is to provide you with an opportunity to clarify your intentions and to assist the Division in its classification and management of the Records.
Under GRAMA, Utah Code Section 63G-2-309(1)(a)(i), a person who wants to claim that a record provided to the Division is protected from disclosure to a member of the public because it
is confidential business information (CBI) shall provide with the record (A) a written claim of business confidentiality; and (B) a concise statement of reasons supporting the claim.Utah
Code Section 63G-2-305(1) (trade secrets) and (2) (commercial information) describes the standards and requirements that apply to the kinds of information that may be subject to a CBI
claim. A request for CBI treatment must be reasonably specific as to the rationale for the CBI claim and which records, or portions of records, are covered by the CBI claim. See Utah
Code § 63G-2-309(1)(a)(i). Without this information, the Division is unable to determine whether the CBI claim is valid. Under Utah law, records submitted to state agencies are presumptively
public unless a statutory exception applies, or the submitter has satisfied its burden to demonstrate that the records qualify under the business confidentiality standards.
AGENCY DETERMINATION:
Based on available information, the Division has made the following determinations: (1) if you intended to make a CBI claim, it is not sufficient to justify CBI classification of the
Records; and (2) the Records will be classified as Public Records within 30 days of the date of this letter.
However, the agency will afford you with an opportunity to submit additional information as to the CBI status of the Records within 30 days from the date that this notice is signed.
WHAT YOU NEED TO DO:
The Division has identified the following potential actions you may take in response to this letter:
OPTION 1. If you do not disagree with the Agency Determination (e.g., you did not intend to trigger CBI treatment for the Records), no further action is required, and the Division will
manage the Records as public after 30 days.
OPTION 2. If you believe that the Records qualify for CBI status, you must provide a written claim of business confidentiality and a statement containing the reasons supporting the
claim to the Division within 30 days of the date of this letter. Please also include a description of the specific pages of the Records or other content that you are claiming as CBI.
More specifically, you may assert a CBI claim by highlighting, bracketing, boxing, or circling the information claimed as CBI, and by marking the page or document with language such
as “trade secret,” “proprietary,” “company confidential,” or “CBI.” You must provide a copy of the documents in which all the content remains visible. In addition to the original submission,
you may also submit a redacted version of the document that blacks out or removes the information you are claiming as CBI.
If you provide the claim as explained above, the Division will re-evaluate the status of the Records and will provide you with separate notice of the agency’s determination. Any future
agency action will be subject to appeal rights.
Please note that the Division does not consider email to be a secure method for submission of confidential information. To submit documents that you want to claim as CBI, mail them
to:
Utah Department of Environmental Quality
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
For express delivery, send to:
Utah Department of Environmental Quality
Division of Waste Management and Radiation Control
195 North 1950 West, Second Floor
Salt Lake City, UT 84116
OPTION 3. If you disagree with the Agency Determination described above (specifically, if you believe that you have already complied with the requirements set forth in Utah Code Section
63G-2-309(1)(a)(i) as to the Records), you may appeal the Agency Determination described above within 30 days of the date of this letter by filing a notice of appeal, in accordance with
Utah Code 63G-2-401, to the following chief administrative officer for the Division:
Douglas J. Hansen, Division Director
Utah Department of Environmental Quality
Division of Waste Management and Radiation Control
P.O. Box 144880
Salt Lake City, UT 84114-4880
If you file an appeal, the Division is required to maintain the Records under CBI status until after the end of the appeal process, including judicial appeals. See Utah Code § 63G-2-309(2)(a).
If you do not provide additional CBI justification under Option 2, or appeal this Agency Action under Option 3, within 30 days of the date of this letter, the Division will manage the
Records as public records in accordance with Utah Code Section 63G-2-309(2)(a).
If you have any questions, please call Tom Ballat [phone].
Sincerely,
Stevie Norcross, PhD,Assistant Director

Division of Waste Management and Radiation Control
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c:Jalynn Knudsen, Assistant Director, UDEQ/DWMRCLarry Kellum, LLRW Section Manager, UDEQ/DWMRC