ML102770287
| ML102770287 | |
| Person / Time | |
|---|---|
| Site: | Humboldt Bay, 07109261 |
| Issue date: | 09/30/2010 |
| From: | Morin T Holtec |
| To: | Pierre Saverot Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| TAC L24418 | |
| Download: ML102770287 (7) | |
Text
MEu.M Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 HOLTEC INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 September 30, 2010 Mr. Pierre Saverot c/o U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Washington, DC 20555-0001
Reference:
Docket No. 71-9261, TAC No. L24418 USNRC Docket No. 72-27 (Humboldt Bay ISFSI FSAR)
Holtec Project 5014
[1] Holtec Letter 5014704, dated August 11, 2010
[2] NRC Letter (Saverot) to (Morin) dated June 10, 2010
[3] Holtec Letter 5014696, dated February 5, 2010
Subject:
Supplement to Response to Request for Additional Information on HI-STAR 100 Transport Cask License Amendment Request 9261-8
Dear Mr. Saverot:
Holtec transmitted the response [1] to the request for additional information [2] on licensing amendment request 9261-8 for the HI-STAR 100 transport package [3] on August 11, 2010.
This letter provides a supplement to the response.
It was found after submittal of the response that there was an error in the call-out of the thread pattern for the impact limiter attachment bolt and the thread pattern for the attachment holes in the HI-STAR overpacks, both the 100 and the HB. On previous versions of the impact limiter and overpack drawings the thread was called out as 1 3/4" - 8 UNC. This call-out is inaccurate and is changed to 1 3/4" - 8 UN. Holtec considers this change to be editorial.
Drawings C1765-1 Rev. 6, 3913 Rev. 10, and 4082 Rev. 7, which have been updated for this change, are included with this letter as Attachments 1, 2, and 3, respectively. Provided in Attachments 4 and 5 are replacements of Safety Analysis Report (SAR) Section 1.4 and SAR Section 1.1, respectively. These sections, marked consistently with the SAR Sections submitted in [1] as Draft Revision 15, indicate the updated revision levels of these drawings. As stated in
[1], prior to the issuance of the Certificate of Compliance, Holtec will provide complete copies of both the proprietary and non-proprietary versions of Revision 15 of the SAR.
Document ID: 5014706 Page I of 2
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MEu.M Holtec Center, 555 Lincoln Drive West, Marlton, NJ 08053 HOLTEC INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 contains an affidavit written in accordance with 10 CFR 2.390 to request withholding of the proprietary information transmitted with this letter.
Thank you for your prompt attention to this application. Please call me at 856-797-0900 x687 if you have any questions with regards to this submittal.
Sincerely, Tammy Morin Licensing Manager Holtec International Attachments: [1 ] Licensing Drawing C 1765-1, Revision 6
[2] Licensing Drawing 3913, Revision 10
[3] Licensing Drawing 4082, Revision 7
[4] HI-STAR 100 SAR (HI-951251) Section 1.4 (Updated Draft Revision 15)
[5] HI-STAR 100 SAR (HI-951251) Section 1.1 (Updated Draft Revision 15)
[6] Affidavit for withholding of information in accordance with 10 CFR 2.390 cc: Mr. Eric Benner, Branch Chief, SFST, USNRC (Cover Letter Only - via email)
Mr. Douglas Weaver, Deputy Director, SFST, USNRC (Cover Letter Only - via email)
Document ID: 5014706 Page 2 of 2
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014706 Non-Proprietary Attachment 6 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 are Attachments 1 through 5 to Holtec Letter 5014706, all of which contain 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 5014706 Non-Proprietary Attachment 6 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 5014706 Non-Proprietary Attachment 6 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 5014706 Non-Proprietary Attachment 6 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 5014706 Non-Proprietary Attachment 6 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 3Oth day of September, 2010.
Tammy S. Morin Holtec International Subscribed and sworn before me this day o 2010.
daNOTARY fC. MAS2 P*e Apri 252 5 of 5