July 13, 2011

Mr. John J. Miller, CHP

International Isotopes, Inc.

4137 Commerce Circle

Idaho Falls, ID 83401

SUBJECT: APPROVAL OF AFFIDAVIT TO WITHHOLD FINANCIAL ASSURANCE

SUBMITTAL; CALL SUMMARY AND FOLLOW-UP REQUEST FOR ADDITIONAL 

INFORMATION REGARDING THE SEISMIC REVIEW, INTERNATIONAL 

ISOTOPES INC. (TAC L32739)

Dear Mr. Miller:

By letter, dated June 29, 2011 International Isotopes, Inc.’s, (INIS) submitted affidavits and 

enclosures containing proposed proprietary information to the U.S. Nuclear Regulatory 

Commission (NRC). The affidavit requested the NRC to withhold from public disclosure,

pursuant to Title 10 of the Code of Federal Regulations (10 CFR) 2.390, the Financial 

Assurance Response for the follow-up Requests for Additional Information for the proposed 

INIS Fluorine Products, Inc.’s facility. 

The affidavit stated that the proprietary information should be considered exempt from 

mandatory public disclosure for the following reasons, among others:

1. The information for which protection from disclosure is sought has been held in

confidence by INIS.

2. This information is proprietary to INIS, and INIS seeks to protect it as such. 

3. The information sought to be withheld is of a type that would customarily be held in 

confidence by INIS. The information consists of commercial and financial information 

that provides a competitive advantage to INIS.

4. The information sought to be withheld is being provided to the NRC in confidence; and

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

5. The information sought to be withheld is not available in public sources to the best of 

INIS's knowledge and belief.

6. Public disclosure of the proprietary information INIS seeks to protect is likely to 

cause substantial harm to INIS’s competitive position within the meaning of 

10 CFR 2.390(b)(4)(v). The proprietary information has substantial commercial 

value to INIS.

We reviewed the affidavit in accordance with the requirements of 10 CFR 2.390—and 

concluded that the information designated proprietary may be withheld.
J. Miller - 2 -

Withholding the proprietary information from public release shall not affect the right, if any, of 

persons properly and directly authorized to review the documents. If the basis for withholding 

this information from public inspection should change in the future such that the information 

could then be made publicly available, you should promptly notify the NRC. You should also 

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.

Meeting Summary and Request for Additional Information:

On July 6, 2011 the NRC staff held a conference call with INIS to discuss the seismic portion of 

the review. The participants were as follows:

 NRC INIS

 Mita Sircar John Miller

 Asad Chowdhury Jim Thomas

 Matthew Bartlett Tommy Thompson

The NRC staff requested INIS to provide a qualitative description of the columns and floor 

structure, including drawings which indicate which portions of the building would be steel and 

which portions would be concrete. Other information that would facilitate the staff’s review 

include: qualitative information on the types of beams, the building skin, the major equipment 

layout, lateral force resisting systems, load baring elements, and horizontal and vertical cross 

sections. INIS provided verbal responses for portions of this information and indicated a new 

structural drawing would be provided to address these items in response to the follow-up 

Seismic RAIs.

The seismic reviewer indicated that an additional follow-up RAI was needed to obtain 

information regarding RAI SS-7(5). The follow-up RAI is included as an Enclosure to this letter. 

The RAI should be incorporated into the package of follow-up Seismic RAIs.

In accordance with 10 CFR 2.390 of the NRC’s “Rules of Practice,” copies of this letter and the

affidavit will be available electronically for public inspection from the Publicly Available Records

System component of the ADAMS. ADAMS is accessible from the NRC Web site at 

http://www.nrc.gov/reading-rm/adams.html (Web-based ADAMS).
J. Miller - 3 -

If you have any questions regarding this matter, please contact me at (301) 492-3119 or via 

e-mail to Matthew.Bartlett@nrc.gov.

Sincerely,

/RA/

Matthew Bartlett, Project Manager

Conversion, Deconversion 

 and Enrichment Branch

Division of Fuel Cycle Safety

 and Safeguards

Office of Nuclear Material Safety 

 and Safeguards

Enclosure 

Additional Follow-up RAI 

 for Seismic Issues

Docket No. 40-9086
J. Miller - 3 -

If you have any questions regarding this matter, please contact me at (301) 492-3119 or via 

e-mail to Matthew.Bartlett@nrc.gov.

Sincerely,

/RA/

Matthew Bartlett, Project Manager

Conversion, Deconversion 

 and Enrichment Branch

Division of Fuel Cycle Safety

 and Safeguards

Office of Nuclear Material Safety 

 and Safeguards

Enclosure 

Additional Follow-up RAI 

 for Seismic Issues

Docket No. 40-9086

DISTRIBUTION:

FCSS r/f MSircar, RES AChowdhury, CNWRA

Accession No.: ML111930529

OFFICE: FCSS/NMSS/AFCB FCSS/NMSS/FMB FCSS/NMSS/AFCB

NAME: MBartlett LAllen TLiu

DATE: 07/13/2011 07/13/2011 07/13/2011

OFFICIAL RECORD COPY
Enclosure 

Additional Follow-up Request for Additional Information for 

Seismic Issues

SS-F1-6 Background:

Follow-up to SS-7 #5, RAI on Load Combinations

Issue: 

(i) The response to Item 5 of SS-7 proposed to use ACI 349-06 Section 9.2.1 load 

combination numbers 9-6 and 9-7 for extreme load cases for the strength design 

method for IROFS involving concrete structures, in addition to all 7 load 

combinations listed in Section 2.3.2 of ASCE/SEI 7-05. The load combination 

numbers 9-6 and 9-7 represent only 2 of the 9 load combinations described in ACI 

349-06 Section 9.2.1.

(ii) The RAI response also proposed the use of AISC N690-06 Section 6.3 load 

combination numbers NB2-15 and NB2-16 for extreme load cases for the allowable 

strength design method for IROFS involving steel structures, in addition to all 7 load 

combinations listed in Section 2.3.2 of ASCE/SEI 7-05. The load combination 

numbers NB2-15 and NB2-16 represent 2 of the 4 load combinations described in 

AISC N690-06 Section 6.3.

Request:

Justify that the limited number of selected load combinations provide bounding 

hazard conditions for all: (i) 9 load combinations of ACI 349-06 Section 9.2.1 for the 

extreme load cases for the strength design method for IROFS involving concrete 

structures and (ii) 4 load combinations of AISC N690-06 Section 6.3 for the extreme 

load cases for the allowable strength design method for IROFS involving steel 

structures. 

Special Note: 

Regulatory Guide (RG) 1.142 endorses ACI 349 with certain exceptions. The NRC 

recommends these exceptions to be applied for the design of structures when 

applicable. The current version of RG 1.142, Revision 2, November 2001 endorses 

ACI 349 97 with exceptions. However, RG 1.142, Revision 2 is under revision to 

endorse ACI 349 06 with the same exceptions.