ML18072A158
ML18072A158 | |
Person / Time | |
---|---|
Site: | 07109374 |
Issue date: | 03/01/2018 |
From: | Hinojosa L Holtec |
To: | Pierre Saverot Document Control Desk, Spent Fuel Licensing Branch |
References | |
2370005-NRC, CAC L25141 | |
Download: ML18072A158 (8) | |
Text
HOL TEC KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 INTERNATIONAL March 1, 2018 Pierre Saverot, Project Manager Spent Fuel Licensing Branch*
Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket No.: 71-9374 (HI-STAR 80 Model)
CAC No.: L25141 Telephone (856) 797-0900 Fax (856) 797-0909
References:
[1] Holtec Letter, Luis Hinojosa to Pierre Saverot, dated August 23, 2016
[2] Holtec Letter, Luis Hinojosa to Pierre Saverot, dated October 20, 2016
[3] USNRC Letter, Pierre Saverot to Luis Hinojosa, dated February 7, 2017
[4] Holtec Letter, Luis Hinojosa to Pierre Saverot, dated June 16, 2017
[5] USNRC Letter, Pierre Saverot to Luis Hinojosa, dated September 25, 2017
[6] Holtec Letter, Stefan Anton to Pierre Saverot, dated January 10, 2018
Subject:
Submittal ofRAI Responses for Holtec's application for the design certification of the HI-STAR 80 Transportation Package
Dear Mr. Saverot:
Holtec International is pleased to submit its response to the staffs second request for additional information [5] on Holtec's application for the design certification of the HI-STAR 80 Transportation Package [1, 2 and 4].
In addition to the SAR's Revision Summary Log, a sunnnary of proposed changes (SOPC) is provided in Enclosure 1 as a tool to facilitate the staffs review. The SOPC includes reasons and justifications for various safety significant enhancements made to the application.
Enclosures 2 and 3 contain proprietary and non-proprietary versions ofHoltec's response to RAis.
Enclosures
- 4 and 5 contain proprietary and non-proprietary versions of Holtec's enhanced application titled HI-ST AR 80 SAR Revision 2.C. Enclosure 6 contains the corresponding licensing drawing package.
Document ID: 2370005-NRC Page 1 of 3
HOLTEC KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 Enclosures 7 through 14 contain updated SAR supporting documents (proprietary designations are noted accordingly). 5 to this letter is an affidavit prepared in accordance with 10 CFR 2.390 requesting that Enclosures noted below as proprietary be withheld from public disclosure due to their proprietary nature.
If you have any questions, then please contact me at 856-797-0900, ext. 3698.
~inc,ly, _
~~
Luis Hinojosa Corporate Adjunct Licensing Manager Project Manager of Licensing of Transportation Systems Holtec International cc:
(letter only w/o enclosures)
John McK.irgan, USNRC Mike Layton, USNRC
Enclosures:
(2, 4, and 6 through 14 are proprietary)
Enclosure I: : : : : :.: :
Summary of Proposed Changes (SOPC)
(non-proprietary)
Responses to HI-STAR 80 RAis (proprietary)
Responses to HI-ST AR 80 RAis (non-proprietary)
HI-2146261, "Safety Analysis Report on the HI-STAR 80 Package", Revision 2.C (proprietary)
HI-2146261, "Safety Analysis Report on the HI-STAR 80 Package", Revision 2.C (non-proprietary)
Complete Licensing Drawing Package ( corresponding to HI-STAR I 00 SAR Revision 2.C (proprietary)
HI-2156468, "Thermal Evaluations of HI-STAR 80 in Transport", Revision 4 (proprietary)
Hl-2167211, "Shielding Analysis for HI-STAR 80", Revision 4 (proprietary)
Enclosures continued on next page.
Document ID: 2370005-NRC Page 2 of3
KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 HOL TEC INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 :
HI-2177694, "HI-ST AR 80 Source Terms Using SCALE 6.2.1 ", Revision 2 (proprietary) 0:
HI-2167023, "Finite Element Analysis of HI-STAR 80 Transport Package For Postulated Drop and Puncture Accidents", Revision 2 (proprietary) 1:
HI-2084122, "Metamic-HT Qualification Sourcebook", Revision 13 (proprietary) 2:
HI-2167204, "Containment Analysis for HI-STAR 80", Revision 1 (proprietary) 3:
HI-2146353, "Criticality Analysis for the HI-STAR 80 Cask", Revision 2 (proprietary) 4:
HI-2177580, "Holtite-B Application Report for HI-STAR 80", Revision 1 (proprietary) 5:
Affidavit Pursuant to 10 CFR 2.390 to Withhold Information from Public Disclosure Document ID: 2370005-NRC Page 3 of 3
U.S. Nuclear Regulatory Commission ATTN: Document,Control Desk Document ID 2370005-NRC Non-Proprietary Enclosure 15 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Debabrata Mitra-Majumdar, 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 Enclosures 2, 4 and 6 through 14 to Holtec Letter 2370005-NRC, 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.l 7(a)(4), 2.390(a)(4), and 2.390(b)(l) 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).
1 of 5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2370005-NRC Non-Proprietary Enclosure 15 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, 4.b and 4e 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 disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursuant to 2 of5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2370005-NRC Non-Proprietary Enclosure 15 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 lllJUry.
3 of 5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2370005-NRC Non-Proprietary Enclosure 15 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.
4 of5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2370005-NRC Non-Proprietary Enclosure 15 AFFIDAVIT PURSUANT TO 10 CFR2.390 STATE OF NEW JERSEY COUNTY OF CAMDEN
)
)
)
ss:
Debabrata Mitra-Majumdar, 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 Camden, New Jersey, this 28th day of February, 2018.
Subscribed and sworn before me this 5 of5
~*~~-*
Debabrata (Debu) Mitra-Majumdar Sr. Director Holtec International
___... MARIA C. MASSI NOTARY PUBLIC OF NEW.JERSEY My Commission Expires Aprnl 25, 2020