ML18150A329
ML18150A329 | |
Person / Time | |
---|---|
Site: | HI-STORE |
Issue date: | 05/24/2018 |
From: | Anton S, Tomlinson J Holtec |
To: | Cuadrado J Document Control Desk, Division of Spent Fuel Management |
Shared Package | |
ML18150A319 | List: |
References | |
5025024 | |
Download: ML18150A329 (7) | |
Text
HOLTEC INTERNATIONAL May 24, 2017 Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 Mr. Jose Cua~rado, Project Manager Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket Number: 72-1051
Subject:
Reference:
Mr. Cuadrado:
Holtec Intemational HI-STORE CIS (Consolidated Interim Storage Facility)
License Application Responses to Requests for Supplemental lnformation
[1] NRC Letter, "Holtec Intemational's Application for Specific Independent Spent Fuel Storage Installation License for the HI-STORE Consolidated Interim Storage Facility for Spent Nuclear Fuel-First Request for Additional Information, Part l "," from J. Cuadrado (NRC) to J. Tomlinson (Holtec) dated March 28, 2017 Holtec is pleased to submit responses to the staffs requests for additional information (RAis)
[Reference 1] on the HI-STORE Consolidated Storage Application.
Attachments 1 contains the responses to the RAis. Attachment 2 contains the revised pages of the HI-STORE SAR, with all changes shown in red text. The information contained in these pages is non-proprietary and replaces the current pages in both the proprietary and nonproprietary versions. Attachments 3 contains the supporting report for the RAI response.
Since Attachment 3 is considered proprietary, an affidavit pursuant to 10CFR2.390 is included as, requesting that this information be withheld from public disclosure.
If you have any questions, please contact me atj.tomlinson@holtec.com or (856) 797-0900 ext.
3765.
Sincerely, J oyce T omlinson Adjunct Licensing Manager Holtec Intemational Document 1D 5025024 Page 1 of2
Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 Document ID 5025024 Page 2 of 2 Attachments: : Responses to Requests for Additional Information - Non-Proprietary : HI-2167374 HI-STORE CIS SAR Rev 0C - Non-Proprietary : HI-2188143, HI-STORE Bearing Capacity and Settlement Calculations -
Proprietary : Affidavit Pursuant to 10CFR2.390
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document 1D 5025024 Non-Proprietary Attachment 4 AFFIDA VIT PURSUANT TO 10 CFR 2.390 I, Stefan Anton, being duly swom, depose and state as follows:
( 1)
I have reviewed the information described in paragraph (1) which is sought to be withheld, and I am authorized to apply for i_ts withholding.
(2)
The information sought to be withheld is provided in Attachment 3 to Holtec Letter 5025024, which contains Holtec Proprietary Information.
(3)
In making this application for withholding of proprietary information of which it is the owner, Holtec Intemational 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 Cornmission, 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 1D 5025024 Non-Proprietary Attachment 4 AFFIDA VIT 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 <lata and analyses, where prevention of its use by Holtec's competitors without license from Holtec Intemational 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 Ievels, or commercial strategies of Holtec Intemational, its customers, or its suppliers;
- d.
- 1nformation which reveals aspects of past, present, or future Holtec Intemational customer-funded development plans and programs of potential commercial value to Holtec Intemational;
- 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.c above.
(5)
The information sought to be withheld is being submitted to the NRC in confidence. The inforrhation (including that compiled from many sources) is of a sort customarily held in confidence by Holtec Intemational, 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 Intemational. 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 regulatory provisions or proprietary agreements which provide for 2 of 5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025024 Non-Proprietary Attachment 4 AFFIDA VIT PURSUANT TO 10 CFR 2.390 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 Intemational is limited on a "need to know" basis.
(7)
The procedure for approval of extemal release of such a document typically requires review by the staff manager, project manager, principa! 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 Intemational 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 Intemational at a significant cost to Holtec Intemational. 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 Intemational's technical database and the results of evaluations performed by Holtec Intemational. A substantial effort has been expended by Holtec Intemational 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 lilJUry.
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U.S. Nuclear Regulatory Commission A TTN: Document Control Desk Document 1D 5025024 Non-Proprietary Attachment 4 AFFIDA VIT PURSUANT TO 10 CFR 2.390 (9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec Intemational's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec Intemational'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 Intemational.
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 Intemational's competitive advantage will be lost if its competitors are able to use the results of the Holtec Intemational 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 Intemational 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 Intemational of the opportunity to exercise its competitive advantage to seek an adequate retum 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 1D 5025024 Non-Proprietary Attachment 4 AFFIDA VIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY COUNTY OF CAMDEN
)
)
)
ss:
Stefan Anton, being duly swom, deposes and says:
That she has read the foregoing affidavit and the matters stated therein are true and correct to the best ofher knowledge, information, and belief.
Executed at Camden, New Jersey, this 24th day ofMay 2018.
~Wi--
Stefan Anton Vice President Engineering Holtec Intemational Subscribed and swom before me this 24th day ofMay, 2018.
5 of 5 Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES January 17, 2022