GNRO-2008/00065, Exemption Request for Holtec HI-STORM 100 System

Exemption Request for Holtec HI-STORM 100 System

ML091470104
Person / Time
Site:	Grand Gulf
Issue date:	12/22/2008
From:	Krupa M Entergy Operations
To:	Document Control Desk, NRC/NMSS/SFPO
Goshen, JM, NNSS/SFST, 492-3325
References
GNRO-2008/00065
Download: ML091470104 (18)

Text

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PROPRIETARY Entergy Operations, Inc.

7003 Bald Hill Road Enter P.O. Box 756 Port Gibson, MS 39150 Tel 601 437 6694 Michael A. Krupa Director Nuclear Safety Assurance GNRO-2008/00065 December 22, 2008 Director, Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission Washington, D.C. 20555-0001 Attention: Document Control Desk

Subject:

Exemption Request for Holtec HI-STORM 100 System --,

Grand Gulf Nuclear Station, Unit 1 Docket No. 50-416 License No. NPF-29

Reference:

Special Report 2008-001 Violation of Certificate of Compliance 1014 Cask Load Limits for HI-STORM 100 System (GNRO 2008/00052) dated July 17, 2008

Dear Sir or Madam:

Pursuant to 10CFR72.7, Entergy requests a one-time exemption from the requirements of 10CFR72.212 (a)(2) and (b)(7) for HI-STORM 100 System Model 68 Multi-Purpose Canisters (MPC) with serial numbers 045, 069, 214, and 215 due to non-compliance with the terms and conditions of the Holtec International Certificate of Compliance (CoC)

Amendment 2 (Certificate #1014) at the time of cask loading. The regulations require, in part, compliance to the terms and conditions of the CoC #1014. Contrary to this requirement, the four MPCs were not loaded in compliance with CoC #1014 due to a CASKLOADER database error. In accordance with the requirements of the CoC #1014 for the HI-STORM 100 System, high burnup and high decay heat fuel assemblies are not authorized for loading into MPCs. Additionally, MPCs containing fuel assemblies with burnup greater than 45,000 MWD/MTU are required to be placed on supplemental cooling within four hours of being placed in the transfer cask.

On June 18, 2008, Grand Gulf Nuclear Station (GGNS) was notified that, due to data errors in the CASKLOADER database, several fuel assemblies with higher than previously calculated burnup values had been loaded into MPCs with serial numbers 045, 069, 214, and 215. Using corrected burnup values, GGNS determined that all four MPCs were not placed on supplemental cooling as required per CoC #1014 Appendix A, Technical Specifications for the HI-STORM 100 Cask System, Section 3.1.4, Supplemental Cooling System. In addition MPC 045 was not loaded in compliance with .i_ !

GNRO-2008/00065 Page 2 CoC #1014 Appendix B, Section 2.1, Fuel Specifications and Loading Conditions. Upon notification, the actions required by CoC #1014 Appendix B, Section 2.0 of the Holtec CoC, Fuel Specifications and Loading Conditions, were initiated by GGNS. The affected

-fuel assemblies were verified to be in a safe condition; the NRC Operations Center was notified of the event within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />; and, a Special Report (GNRO 2008-00052) was transmitted to the NRC on July 17, 2008. An assessment of the effect of high burnup fuel assemblies stored in the HI-STORM 100 system was performed. Based on this assessment, loading high burnup fuel assemblies in the subject MPCs resulted in no impact to safety and all functions of the MPCs are maintained. This assessment did not consider the requirements for the MPCs to be transported offsite. As discussed in the aforementioned Special Report, additional reviews will be performed prior to considering these MPCs for transportation.

There are no commitments contained in this submittal.

Details of Entergy's need and justification for the issuance of an exemption are included in Attachment 1.

Attachment 2 contains Holtec Report Number: HI-2053369, Thermal Evaluation of the As-loaded Cask #4 at the Grand Gulf Nuclear Station. This report is PROPRIETARY to Holtec and is requested to be withheld from public disclosure in accordance with 10 CFR 9.17(a)(4) and 10 CFR 2.390 (a)(4). An affidavit attesting to the proprietary nature of the information is provided in Attachment 3.

If you have any questions or require additional information regarding this matter, please contact Dennis Coulter by phone at 601-437-6595 or by email at dcoulteaenteray.com.

Sincerely, MAK/DMC:dmc Attachments: 1. Exemption Request for Holtec Multi-Purpose Canisters at GGNS

2. -----------------------------------------------------------------------------

Holtec Report Number HI-2053369, Thermal Evaluation of the As-loaded Cask #4 at the Grand Gulf Nuclear Station

3. Affidavit for the Request to Withhold Information

GNRO-2008/00065 Page 3 cc: NRC Senior Resident Inspector Grand Gulf Nuclear Station Port Gibson, MS 39150 U. S. Nuclear Regulatory Commission ATTN: Mr. Elmo E. Collins, Jr. (w/2)

Regional Administrator, Region IV 611 Ryan Plaza Drive, Suite 400 Arlington, TX 76011-4005 U.S. Nuclear Regulatory Commission ATTN: Mr. Carl F. Lyon, NRR/ADRO/DORL (w/2)

ATTN: ADDRESSEE ONLY ATTN: U.S. Postal Delivery Address Only Mail Stop OWFN/8 B1 Washington, D.C. 20555-0001

Attachment 1 Exemption Request for Holtec Multi-Purpose Canisters at GGNS to GNRO-2008/00065 Page 1 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS 1.0 Request for Exemption Pursuant to 10CFR72.7.;.,Entergy requests a onktime .exemptionfrom the re quirements of 100FR72.212 (a)(2) and (b)(7) for HI-STORM 100 System Model 68 Multi-Purpose Canisters (MPC) with serial numbers 045, 069, 214, and 215 due to non-compliance with the terms and conditions of the Holtec International Certificate of Compliance (CoC) Amendment 2 (Certificate

1. 1014) at the time of cask loading. The regulations require, in part, compliance to the terms and conditions of the CoC #1014. Contrary to this requirement, the four MPCs were not loaded in compliance with CoC #1014 due to a CASKLOADER database error. MPC 045 was loaded with several fuel assemblies that slightly exceeded the CoC #1014 burnup and decay heat limits. MPCs 045, 069, 214, and 215 each contained at least one fuel assembly with burnup greater than 45,000 MWD/MTU. However, these MPCs were not placed on supplemental cooling within four hours of being placed in the transport cask as required by CoC #1014 Technical Specification 3.1.4.

2.0 Background

Entergy discovered on June 18, 2008 at 1412 that due to an error in the CASKLOADER Database, four spent fuel multi-purpose canisters (MPC) were loaded in a manner inconsistent

• with CoC #1014 for the HI-STORM 100 System. Several loaded fuel assemblies were found to have higher burnup values than previously calculated. This event is not safety significant since all MPC design limits (e.g., heat load, radiation levels,.and criticality) continue to be met although some specific spent fuel assemblies loaded were outside of the conservative individual fuel assembly limits specified in the CoC. Upon discovery of the condition, the actions contained in Appendix B, Section 2.2 of the CoC, Fuel Specifications and Loading Conditions, were initiated by Grand Gulf Nuclear Station (GGNS). The affected fuel assemblies were verified to be in a safe condition and the NRC Operations Center was notified of the event within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br />.

Specifically, during a data update of the CASKLOADER Database, it was discovered that one HI-STORM 100 model MPC serial number 045 had been loaded with spent fuel bundles that exceeded the CoC Section 2.0 approved content requirements. Verification of the database has determined that eight fuel assemblies loaded in this MPC exceeded the maximum allowed decay heat per fuel storage location limit or the fuel burnup limit as specified in CoC Section 2.4 at the time of loading. These conditions are reportable in accordance with CoC Section 2.2 -

Violations. Additionally, this MPC as well as MPCs 069, 214, and 215 were not placed on supplemental cooling while in the transfer cask as required by CoC #1014 Technical Specification 3.1.4.

to GNRO-2008/00065 Page 2 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS 3.0 Technical Considerations Note: The corrected values for fuel assembly burnup for the affected fuel assemblies are contained in Tables 1-4.

Of the four casks impacted by the errors, MPC 045 is the limiting MPC. It is also known as Cask #4. Holtec Report Number: HI-2053369, Thermal Evaluation of the As-loaded Cask #4 at the Grand Gulf Nuclear Station, determined that the fuel cladding of loaded fuel assemblies in MPC 045 would not exceed the design limit of 400 degrees centigrade for high burnup fuel during fuel loading operations or during dry storage. The evaluation used the bounding scenario of MPC 045 in the transfer cask without the required supplemental cooling allowing steady state maximum cask temperatures to be reached. Since MPC 045 is the limiting MPC, fuel assemblies in MPCs 214 (Cask #5), 215 (Cask #6), and 069 (Cask #7) would also not exceedthe 400 degree centigrade cladding temperature limit. Holtec concluded that the safety and integrity of the mis-loaded fuel was not compromised. The thermal state of the fuel stored in the MPCs is well within safe operating limits.

MPC 045 is now below the burnup limit per fuel assembly and the decay heat limit per assembly (Table 1). As such it is now in compliance with the CoC #1014 Appendix B, Section 2.1, Fuel Specifications and Loading Conditions. However, MPC 045 was not in compliance at the time of loading.

MPCs 045, 069, 214 and 215 (Tables 1 - 4) contained at least one fuel assembly that required

,the use of, but were not placed on supplemental cooling as defined in CoC #1014 Appendix A, Technical Specification Section 3.1.4. Specifically, the MPCs were supposed to be placed on supplemental cooling within four hours of being placed in the transfer cask. MPC 045 was in the transfer cask for 26 hours3.009259e-4 days <br />0.00722 hours <br />4.298942e-5 weeks <br />9.893e-6 months <br />, MPC 069 for 31 hours3.587963e-4 days <br />0.00861 hours <br />5.125661e-5 weeks <br />1.17955e-5 months <br />, MPC 214 for 27 hours3.125e-4 days <br />0.0075 hours <br />4.464286e-5 weeks <br />1.02735e-5 months <br />, and MPC 215 for 33 hours3.819444e-4 days <br />0.00917 hours <br />5.456349e-5 weeks <br />1.25565e-5 months <br /> without the use of supplemental cooling. This is considerably less time than the 7 day Limiting Condition for Operation for restoring supplemental cooling per CoC #1014 Appendix A, Technical Specifications, Section 3.1.4 Required Action A. 1.

The fuel assembly exposure assumed in the dose calculations was verified within the bounds of the exposure of the loaded fuel assemblies. Radiation levels of stored MPCs are within Cask Technical Specification limits and there are no radiation anomalies.

Fuel assembly reactivity parameters are not affected by the identified errors since reactivity decreases with increased burnup.

All four MPCs are currently considered operable and performing their intended safety functions and all surveillance parameters are within acceptance limits.

to GNRO-2008/00065 Page 3 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS 4.0 Regulatory Considerations The specific requirements for granting exemptions to 10 CFR Part 72 licensing requirements are set forth in 10CFR72.7, Specific Exemptions, which reads as follows: The Commission may,

,upon application by.any interestedperson'or-upon its.n'wn initiative,.grant~suchexemptions from the requirementsof the regulationsin this part as it determines are authorized by law and will not endangerlife or property or the common defense and security and are otherwise in the public interest. Entergy Operations has reviewed 10CFR72 and determined that an exemption to 10CFR72.212 (a)(2) and (b)(7) is necessary to allow continued storage of MPCs 045, 069, 214, and 215 due to non-compliance with the terms and conditions of CoC #1014 at the time of loading.. Entergy's evaluation and Holtec's thermal analysis have determined the fuel cladding to be intact. As such, the integrity of the affected MPCs and the contained fuel assemblies is not compromised.

Although the heat loads in the affected casks have decreased to within the CoC limits, loading of fuel assemblies outside CoC limits is not allowed. Entergy,requests an exemption to document the safety basis of leaving the casks in their current state. An alternative would be to unload the affected MPCs. It is Entergy's position that unloading the affected MPCs would not be prudent. Rather, an exemption is requested to allow the affected MPCs to remain in storage.

Although Entergy is fully capable of doing so, unloading the subject MPCs would subject personnel to unnecessary radiation exposure, generate additional contaminated waste, increase the risk of a possible fuel handling accident, and increase the risk of a possible heavy load handling accident. Therefore, an exemption to allow the high burnup fuel assemblies to remain in the MPCs is requested.

As discussed above, the requested exemption for the four MPCs has low safety significance and therefore, will not endanger life and property or the common defense and security. It is also in the public's interest to grant an exemption, since unloading the cask will be more costly than regulatory action, result in increased dose to plant workers, increase the risk of contamination, increase the risk of a possible fuel handling accident, and increase the risk. of a possible heavy load handling accident. It is Entergy's position that the requested exemptions meet the intent of 10CFR72.7.

5.0 Summary In conclusion, Entergy requests a one-time exemption from the requirements of 10CFR72.212 (a)(2 and (b)(7) for HI-STORM 100 System Model 68 MPCs with serial numbers 045, 069, 214, and 215 due to non-compliance with the terms and conditions of CoC #1014 at the time of loading. The regulations require, in part, compliance to the terms and conditions of the Holtec International Certificate of Compliance Amendment 2 (CoC) (Certificate #1014). Contrary to this requirement, the four MPCs were not loaded in compliance with CoC #1014 due to a CASKLOADER database error. Entergy's evaluation and Holtec's thermal evaluation have determined the fuel cladding to be intact. As such, the integrity of the affected MPCs and the contained fuel assemblies is not compromised. This one-time exemption for the four MPCs will not endanger life or property or the common defense and security and are in the public interest and meet the intent of 10CFR72.7.

to GNRO-2008/00065 Page 4 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS Table 1 - MPC 045 (Cask #4) CoC Limit Summary Burnup (MWd/MTU) Bundle Decay Heat (kW)

Burnup Limit Burnup Limit Corrected for Corrected:

Impacted on on Decay for Decay-Bundle ID Original Corrected 12/10/2006 10/08/2008 Origina 12/10/2006 6/18/2008 Limit GEA067 32757 39701 43087 49680 0.316 0.391 0.310 0.414 GEA077 32326 39354 43087 49680 0.311 0.387 0.306 0.414 GEA089 33214 40295 43087 49680 0.321 0.398 0.316 0.414 GEA097 33100 39661 43087 49680 0.320 0.391 0.310 0.414 GEA129 33147 41464 43087 49680 0.320 0.412 0.327 0.414 GEA154 31338 44852 (2) 43087 49680 0.300 0.454 (3) 0.362 0.414 GEA179 32962 43783 (2) 43087 49680 0.319 0.444 (3) 0.353 0.414 GEA197 31880 44694 (2) 43087 49680 0.307 0.457 (3) 0.363 0.414 GEA207 33615 46297 (1, 2) 43087 49680 0.327 0.481 (3) 0.383 . 0.414 GEA220 29435 43041 43087 49680 0.279 0.434 (3) 0.345 0.414 GEA227 32966 46231 (1, 2) 43087 49680 0.319 0.480 (3) 0.382 0.414 GEA239 32208 44890 (2) 43087 49680 0.311 0.459 (3) 0.366 . 0.414 GEA245 27701 38057 43087 49680 0.260 0.372 0.295 0.414.

GEA259 27855 41703 43087 49680 0.262 0.415 (3) 0.330 ' 0.414 GEA263 28151 39936 43087 49680 0.265 0.394 0.312 0.414 GEA264 28141 39927 43087 49680 0.265 0.394 0.312 0.414 GEA270 25497 39015 43087 49680 0.236 0.384 0.304 0.414 SPG066 33234 37908 42035 48449 0.335 0.389 0.308' 0.414 SPG086 34129 37326 42035 48449 0.346 0.382 0.302 0.414 SPG087 34202 37393 42035 48449 0.347 0.382 0.302 0.414 SPG088 34193 37384 42035 48449 0.347 0.382 0.302 0.414 SPG117 33384 38049 42035 48449 0.337 0.391 0.309 0.414 SPG121 33834 37154 42035 48449 0.342 0.379 0.300 0.414 (1) >45,000 MWD/MTU - CoC Tech Spec 3.1.4 - Supplemental Cooling Required (2) Exceeded burnup limit at time of loading (3) Exceeded heat rate per assembly limit at time of loading to GNRO-2008/00065 Page 5 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS Table 2 - MPC 214 (Cask #5) CoC Limit Summary Burnup (MWd/MTU) Bundle Decay Heat kW)

Impacted Burnup Corrected Bundle Limit on for Decay ID Original Corrected 04/13/2008 Original 04/13/2008 Limit GEA055 32423 39005 48419 0.263 0.306 0.414 GEA075 33440 39986 48419 0.273 0.316 0.414 GEA078 32310 39344 48419 0.262 0.310 0.414 GEA091 33218 40303 48419 0.271 0.319 0.414 GEA092 33208 40295 48419 0.271 0.319 0.414 GEA117 33462 41746 48419 0.273 0.333 0.414 GEA119 33459 41746 48419 0.273 0.333 0.414 GEA150 31171 44722 48419 0.251 0.364 0.414 GEA155 31350 44862 48419 0.252 0.366 0.414 GEA178 32965 43795 48419 0.269 0.357 0.414 GEA192 33357 40404 48419 0.273 0.321 0.414 GEA198 31797 44631 48419 0.257 0.366 0.414 GEA213 32712 45655(1) 48419 0.267 0.379 0.414 GEA221 33082 44019 48419 0.270 0.359 0.414 GEA225 32955, 46215 48419 0.269 0.386 0.414 GEA250 28054 41342 48419 0.221 0.330 0.414 GEA252 28003 41298 48419 0.221 0.329 0.414 SPGO14 33746 37068 47211 0.288 0.302 0.414 SPG043 34076 38703 47211 0.292 0.320 0.414 SPG065 33233 37899 47211 0.283 0.311 0.414 SPG100 34251 37721 47211 0.293 0.309 0.414 (1) >45,000 MWD/MTU - CoC Tech Spec 3.1.4 - Supplemental Cooling Required to GNRO-2008/00065 Page 6 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS Table 3 - MPC 215 (Cask #6) CoC Limit Summary Burnup (MWd/MTU) Bundle Decay Heat (kW)

Burnup Corrected Impacted Limit on for Decay Bundle ID Original Corrected 04/21/2008 Original 04/21/2008 Limit GEA054 32421 39007 48419 0.263 0.306 0.414 GEA056 32429 39015 48419 0.263 0.306 0.414 GEA066 32770 39722 48419 0.266 0.313 0.414 GEA080 32316 39347 48419 0.262 0.309 0.414 GEA085 33104 40203 48419 0.270 0.318 0.414 GEA116 28745 43091 48419 0.227 0.346 0.414 GEA130 33169 41498 48419 0.270 0.330 0.414 GEA149 31198 44749 48419 0.251 0.364 0.414 GEA185 29621 42572 48419 0.236 0.343 0.414 GEA193 31870 45591 (1) 48419 0.258 0.378 0.414 GEA202 32652 45677 (1) 48419 0.266 0.379 0.414 GEA204 32669 45689 (1) 48419 0.266 0.379 0.414 GEA205 33622 46301 (1) 48419 0.276 0.387 0.414 GEA209 33501 40675 48419 0.275 0.323 0.414 GEA212 33499 40677 48419 0.275 0.323 0.414 GEA217 29447 43045 48419 0.234 0.348 0.414' GEA223 33103 44045 48419 0.270 0.359 0.414 GEA254 27865 41695 48419 0.219 0.333 0.414 GEA255 27907 41723 48419 0.220 0.333 0.414 GEA268 27530 37718 48419 0.216 0.294 0.414 SPGO93 34104 37729 47211 0.292 0.309 0.414 SPGO95 34117 37744 47211 0.292 0.309 0.414 SPG119 33419 38086 47211 0.284 0.312 0.414 SPG998 33819 37138 47211 0.289 0.302 0.414 (1) >45,000 MWD/MTU - CoC Tech Spec 3.1.4 - Supplemental Cooling Required to GNRO-2008/00065 Page 7 of 7 Exemption Request for Holtec Multi-Purpose Canisters at GGNS Table 4 - MPC 069 (Cask #7) CoC Limit Summary Burnup (MWd/MTU) Bundle Decay Heat (kW)

Burnup Corrected Impacted Limit on for Decay Bundle ID Original Corrected 04/28/2008 Original 04/28/2008 Limit GEA053 32427 39006 48419 0.263 0.306 0.414 GEA074 33421 39971 48419 0.273 0.315 0.414 GEA082 33051 41739 48419 0.269 0.332 0.414 GEA084 33059 41744 48419 0.269 0.333 0.414 GEA087 33103 40205 48419 0.270 0.317 0.414 GEA098 33118 39690 48419 0.270 0.312 0.414 GEA118 33454 41747 48419 0.273 0.333 0.414 GEA152 31156 44702 48419 0.250 0.363 0.414 GEA181 32618 45622 (1) 48419 0.266 0.378 0.414 GEA191 33395 40443 48419 0.273 0.320 0.414 GEA232 33026 45894 (1) 48419 0.270 0.381 0.414 GEA234 32426 45941 (1) 48419 0.264 0.382 0.414 GEA251 28038 41314 48419 0.221 0.329 0.414 GEA253 27913 41730 48419 0.220 0.333 0.414 GEA262 28155 39947 48419 0.222 0.315 0.414 GEA266 27334 37546 48419 0.214 0.292 0.414 GEA267 27544 37732 48419 0.216 0.294 0.414 GEA272 25483 38997 48419 0.197 0.306 0.414 SPG041 34066 38690 47211 0.292 0.319 0.414 SPG068 33247 37917 47211 0.283 0.311 0.414 SPG115 33475 38129 47211 0.285 0.313 0.414 SPG999 33807 37123 47211 0.289 0.302 0.414 (1) >45,000 MWD/MTU - CoC Tech Spec 3.1.4 - Supplemental Cooling Required

Attachment 3 Affidavit for the Request to Withhold Information

Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 Telephone (856) 797-0900 H O LT E C INTERNATIONAL Fax (856) 797-0909 December 10, 2008 Mr. Dennis M. Coulter G-ADM2-LIC 7003 Bald Hill Road Port Gibson, MS 39150

Reference:

Holtec Project No. 1498

Subject:

Release of Holtec Proprietary Report HI-2084091 to the Nuclear Regulatory Commission (NRC) and Transmittal of Affidavit Pursuant to 10 CFR 2.390

Dear Mr. Coulter:

Holtec is pleased to approve the release of the following proprietary information to the NRC:

Holtec Report HI-2084091 Rev 0, "THERMAL EVALUATION OF THE AS-LOADED CASK

1. 4 AT THE GRAND GULF NUCLEAR STATION".

We require that you include this letter along with the attached affidavit pursuant to 10CFR2.390 with your submittal.

Please do not hesitate to contact me if you have any questions.

Very truly yours, Tam S. Morin Acting Licensing Manager Holtec International Document I.D.: 1498009 Cc: Frayne Ronkowski, Holtec International (email only)

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1498009 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Tammy S. Morin, being duly sworn, depose and state as follows:

(1) I have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.

(2) The information sought to be withheld is Holtec Report HI-208409 1, Revision 0 which contains Holtec Proprietary information.

(3) In making this application for withholding of proprietary information of which it is the owner, Holtec International relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"), 5 USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information", and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992),

and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir.

1983).

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk

• Document ID 1498009 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of information which fit into the definition of proprietary information are:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

c. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;

d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;

e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b, above.

(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All 2 of 5

U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1498009 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.

(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.

Access to such documents within Holtec International is limited on a "need to know" basis.

(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation.

Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.

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U.S;.Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 1498009 Non-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process.

The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.

The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.

Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.

The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable.analytical tools.

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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk

Document ID 1498009 Nonm-Proprietary Attachment AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )

.) ss:

-COUNTY OF BURLINGTON)

Ms. Tammy S. Morin, being duly sworn, deposes and says:

That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.

Executed at Marlton, New Jersey, this 1 0 th day of December, 2008.

Tammy S. Morin Holtec International Subscribed and sworn before me this day of I _LPYmb ,(2008.

MARY ATCSON Notary Public State of New Jersey -

..

• I*MyConanmson Expires (Ot24..201 3 5 of 5