ML18169A073

NRC-2018-000517 - Resp 1 - Final

ML18169A073
Person / Time
Issue date:	06/15/2018
From:	Stephanie Blaney NRC/OCIO
To:	Lodge T Don't Waste Michigan
References
FOIA, NRC-2018-000517
Download: ML18169A073 (22)

Text

NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (04-2018)

.~rJP" 11~"<.,~q, 2018-000517 I

.i RESPONSE TO FREEDOM OF I I

~

~ .. INFORMATION ACT (FOIA) REQUEST RESPONSE 11 D 0

'l,

..... ........ / TYPE INTERIM FINAL REQUESTER: DATE:

!Terry J. Lodge (Don't Waste Michigan) 06/ 15/2018 11 I DESCRIPTION OF REQUESTED RECORDS:

Any and all records received or exchanged by, the NRC staff, from a meeting convened April 24, 2018 at the NRC, that involved NRC staff and personnel from Holtec International, lnc., from April 24, 2018 to present PART I. -- INFORMATION RELEASED D The NRC has made some , or all , of the requested records publicly available through one or more of the following means:

(1) https://www.nrc.gov; (2) public ADAMS , https://www.nrc.gov/reading-rm/adams,html; (3) microfiche available in the NRC Public Document Room ; or FOIA Onl ine, bttps;//foiaonline.regulations ,goY.{foia/action/public/home.

[ZJ Agency records subject to the request are enclosed .

Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to D that agency (See Part I.D -- Comments) for a disclosure determination and direct response to you .

D We are continuing to process your request.

D See Part I.D -- Comments.

PART I.A -- FEES AMOUNT D You will be billed by NRC for the amount indicated.

D Since the minimum fee threshold was not met, you will not be charged fees .

D You will receive a refund for the amount indicated.

Due to our delayed response , you will not 11 11

[ZJ Fees waived . D be charged fees.

PART I.B-- INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D We did not locate any agency record s responsive to your request. Note : Agencies may treat three discrete categories of law enforcement and national security records as not subject to the FOIA ("exclusions"). See 5 U.S.C. 552(c) . This is a standard notification given to all requesters; it should not be taken to mean that any excluded records do, or do not, exist.

[ZJ We have withheld certain information pursuant to the FOIA exemptions described , and for th e reasons stated , in Part II.

D Because th is is an interim response to your request, you may not appeal at this time . We will notify you of your right to appeal any of the responses we have issued in response to your request when we issue our final determination .

[ZJ You may appeal this final determination within 90 calendar days of the date of this response . If you submit an appeal by mail ,

address it to the FO IA Officer, at U.S. Nuclear Regulatory Commission , Mail Stop T-2 F43, Washington , D.C . 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online, bttps -//fojaon!ine regulations gov/foia/action/public/bome. Please be sure to include on your submission that it is a "FOIA Appeal. "

PART I.C -- REFERENCES AND POINTS OF CONTACT You have the right to seek assistance from the NRC's FOIA Public Liaison by subm itting your inquiry at https://www.nrc.gov/reading-rm/

foia/contact-foia html, or by calling the FOIA Public Liaison at (301) 415-1276.

If we have denied your request, you have the right to seek dispute resolution services from the NRC's Public Liaison or the Office of Government Information Services (OGIS) . To seek dispute resolution services from OGIS , you may e-mail OGIS at ogis@nara.gov, send a fax to (202) 741 -5789, or send a letter to: Office of Government Information Services, National Archives and Records Adm inistration ,

8601 Adelphi Road , College Park, MD 20740-6001 . For additional information about OGIS, please visit the OGIS website at bttps-J/www archiy:es goY.{ogis.

NRC FORM 464 Part I U.S. NUCLEAR REGULATORY COMMISSION NRC RESPONSE NUMBER (04-2018)

RESPONSE TO FREEDOM OF I 20 18-0005 I 7 11 1

INFORMATION ACT (FOIA) REQUEST RESPONSE TYPE D INTERIM I./ I FINAL PART I.D -- COMMENTS Signature - Freedom of Information Act Officer or Desi11nee Digitally signed by Stephanie A. Blaney

!Stephanie A. Blaney Date: 2018.06.15 10:32 :53 -04'00'

NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 1 2018-000517 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST DATE:

1 06/15/2018 PART II.A -- APPLICABLE EXEMPTIONS Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S .C. 552(b)).

D Exemption 1: The with held information is properly classified pursuant to an Executive Order protecting national security information.

D Exemption 2: The withheld information relates solely to the internal personnel rules and practices of NRC .

D Exemption 3: The withheld information is specifically exempted from public disclosure by the statute indicated.

D Sections 141-145 of the Atomic Energy Act, which proh ibits the disclosure of Restricted Data or Formerly Restricted Data (42 U.S.C. 2161 -2165).

D Section 147 of the Atomic Energy Act, which prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167).

D 41 U.S.C. 4702(b), which prohibits the disclosure of contractor proposals, except when incorporated into the contract between the agency and the D Other:

I/] Exemption 4: The withheld information is a trade secret or confidential commercial or financial information that is being withheld for the reason(s)

LU indicated.

r;i The information is considered to be proprietary because it concerns a licensee's or applicant's physical protecti on or material contro l and LU accounting program for special nuclear material pursuant to 10 CFR 2 .390(d)(1) .

D The information is considered to be another type of confidential business (proprietary) information.

D The information was subm itted by a foreign source and received in confidence pursuant to 10 CFR 2 .390(d)(2) .

D Exem ption 5: The withheld information consists of interagency or intraagency records that are normally privileged in civil litigation.

D Del iberative process privilege.

D Attorney work product privilege.

D Attorney-client privilege.

Exemption 6: The withheld information from a personnel, medical, or si milar file, is exempted from public disclosure because its disclosure wou ld resu lt D in a clearly unwarranted invasion of personal privacy.

D Exem ption 7: The withheld information consists of records compiled for law enforcement purposes and is being withheld for the reason(s) indicated.

D (A) Disclosure could reasonably be expected to interfere with an open enforcement proceedi ng.

D (C) Disclosure could reasonably be expected to constitute an unwarranted invasion of persona l privacy.

(D) The information consists of names and other information the disclosure of which could reasonably be expected to reveal identities of confidential D sou rces .

(E) Disclosure would reveal techniques and procedures for law enforcement investigations or prosecutions, or guidelines that cou ld reasonably be D expected to risk circumvention of the law.

D (F) Disclosure could reasonably be expected to endanger the life or physical safety of any individual.

D Other:

PART 11.B -- DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request.

APPELLATE OFFICIAL DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED EOO SECY

!Stephanie Blaney FOIA Officer 11 Proprietary Information [Z] D I 11 I I 11 Select Title/Office from drop-down list I I D D I 11 Select Title/Office from drop-down list 11 I D D Select Title/Office from drop-down list D D I I I I NRG Form 464 Part II (04-2018)

McKirgan. John From: Joyce Tomlinson <J.Tomlinson@holtec.com>

Sent Tuesday, April 24, 2018 8:05 AM To: McKirgan, John Cc Stefan Anton Subject (Extemal_Sender) HI STORM UMAX Amendment 3 presentation Attachments: UMAX-Amd3.pptx Good morning John, Attached is the presentation that we will be using during the meeting today.

Warm Regards, Joyce Joyce Tomlinson Adjunct Licensing Manager Holtec International e information contained herein is intended only for the person or entity to which it is addressed and may c *n confidential and/or privileged material from Boltec IntemationaL H you are not the intended rec1 ou must not keep, use, disclose, copy or distribute this email without or's prior permission. F review, retransmission, dissemination, or other use of

• ormation in whole or part for any other se by persons outside the recipient's o ation is stricdy prohibited unless explicit authorization to sue has been issued by i:ler of this message. Holtec International policies expressly prohibit c defamatory or offensive statements and infringing any copyright or any other legal *

• communication. Boltec International will not accept any liability in respect of su unications. Ho ntemational has taken precautions to minimize the risk of tran g software viruses, but we advise o carry out your own virus checks on any attacbm

• message. Holtec International cannot accept lii *

• for any loss or damage caused are viruses. H you are the intended recipient and you do not wis ive similar onic messages from us in the future then please respond to the sender to this effect 1

HOL INTERNATIONAL TEC Holtec Technology campus, 1 Holtec Blvd., camden, NJ 08104 Telephone(856)797-0900 Fax(856)797-0909 April 26, 2018 John McK.irgan Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission US Nuclear Regulatory Commis&on ATTN: Document Control Desk Washington, DC 20555-0001

Subject:

ID-STORM UMAX Amendment 3 Meeting Presentation April 24, 2018

Dear Mr. McKirgan:

This letter is to provide you with the proprietary presentation and affidavit which was discussed during our meeting with you April 24, 2018. Attached to this letter are the following documents:

1. Holtec presentation for the ID-STORM UMAX Amendment 3: Discussions on Thennal RAI

2. Affidavit pursuant to 10 CFR 2. 790, applicable to Attachment 1.

Please do not hesitate to contact us if there are any questions.

Sincerely, Joyce Tomlinson Adjunct Licensing Manager Holtec International Document ID 5014846 Page 1 of 1

U.S. Nuclear Regulatory Commission Document ID 5014846 Non-Proprieb!l')' Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Debabrata Mitra-Majumdar, being duly sworn, depose and state as follows:

(l} 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 information provided in Enclosure 2 to Holtec Letter 5014846. This enclosure contains Holtec Proprietary infonnation.

(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(bX4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations 10CFR Part 9.17(aX4), 2.390(aX4), 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 pmposes 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, 704F2d I280 (OC Cir. 1983).

1 of 5

U.S. Nuclear Regulatory Commission Docwneot ID SO 14346 Non-Proprielmy Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) *s ome 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 Hohec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

b. Information whi~ 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 ~ t protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a, 4.b and 4.e 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 Int.ernational. 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 maintenance of the information in confidence. Its initial designation as 2of5

U.S. Nuclear Regulatory Commission Document JD 5014846 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 1 CFR 2.390 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 infonnation 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 Intemational'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 Holt.ec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.

3 of5

U.S. 'Nuclear Regulatory Commission Document ID 5014846 Non-Proprietary Anachment 2 AFFIDAVIT PURSUANT TO 10 CFR l.390 (9) Public disclosure oftlie 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. Toe 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.

Toe research, development, engine.ering, 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 Intemational'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 ~ 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.

4of5

U.S. Nuclear Regulatory Commission Document ID 5014846 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )

) ss:

COUNTY OF CAMDEN )

Debabrata Mitra-Majumdar, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, infonnation, and belief.

Executed at Camden, New Jersey, this 26th day of April, 2018.

~ *~ .

Debabrata Mitra-Majumdar Senior Director, Engineering Analysis Holtec International Subscribed and sworn before me this 26th day of April, 2018.

5 ofS

1111111111 HOLTEC INTERNATI NAL HI-STORM UMAX Amendment 3:

Discussions on Thermal RAI Abrar H. Mohammad Engineering Manager, Thermal-Hydraulics Group Holtec International April 24, 2018

HOL TEC PRePRIETARY & GONFIDENTI/\L HI-STORM UMAX Amendment 3 Thermal RAI 1111111111 HOLTE C

- e1 Jill l 11 J 111&11011 a generation ahead

• Holtec International submitted a license amendment to HI-STORM UMAX CoC to allow storage of 24PT1 dry-shielded canister (DSC) canister in HI-STORM UMAX system .

by destgn IN T RNAT I N A L

• HI-STORM UMAX overpack is modeled the same as that approved in the current UMAX FSAR.

• Data on 24PT1-DSC basket and other canister internals is not available.

- canister is modeled as a homogeneous cylinder with effective thermal conductivities

- concept of homogenization has been previously used in license applications by Holtec.

• USNRC issued an RAI on the methodology adopted for the thermal evaluation of 24PT1-DSC stored in HI-STORM UMAX system .

2

1111111111 Thermal RAI HOLTEC

- Coqf dt t'rl ln'oemal no a generahon ahead by design Provide a thermal model that demonstrates peak cladding temperature is accurately predicted for the 24PT1 DSC when stored in the HI-STORM UMAX system.

I NT R NATI Section 1.4.4.1 of the FSAR describes the canister thermal model used to analyze the 24PT1 dry-shielded canister N AL (DSC) when stored in the HI-STORM UMAX system. However, the applicant's modeling approach and analysis results of the HI-STORM-UMAX thermal design's predicted peak cladding temperatures rely on a homogenized DSC model.

Also the application does not contain Information (for example, validation or benchmarking studies performed for similar designs) to demonstrate the homogenized canister modeling approach used In the application Is sufficient and conservative In the calculation of the peak cladding temperatures . Accurate prediction of peak cladding temperature is necessary to demonstrate compliance with 10 CFR Part 72.236(b) which requires that design bases and design criteria must be provided for structures , systems , and components important to safety and 10 CFR 72.236(f) which requires that the spent fuel storage cask must be designed to provide adequate heat removal capacity without active cooling systems. In the amendment request the applicant did not provide adequate design basis analyses which demonstrate the cask would provide adequate heat removal capacity without exceeding the peak clad temperature limit. Staff has previously accepted thermal analysis that relies on homogenized fuel assemblies when accompanied by appropriate justification (see Section 4 .5.4.1.2 of NUREG-1 536 and Section 2.2 of NUREG-2208 for additional guidance on acceptable thermal models).

This information is needed to determine compl iance with 10 CFR 72.236(b) and 10 CFR 72 .236(f) .

HOLTEC -PRePRIETARY & CONFIDENTIAL Principal Concerns 1111111111 HOLT EC

- e '1111 l ti I f ation

• Based on the RAI, the principal concerns raised by the staff are summarized in the following :

a generatK>n ahead by destgn I NT RNA I NAL

- validation or benchmarking studies performed for similar designs to demonstrate the homogenized canister modeling approach used in the application is sufficient and conservative in the calculation of the peak cladding tern peratu res

- adequate design basis analyses to demonstrate the cask would provide adequate heat removal capacity without exceeding the peak clad temperature limit

HOLTEC ~OPRIETARY & CONFIDHHI/\L 1111111111 Experimental Data Used for Validation HOLTEC

- eu11Rd0 I 11 ft 11 1 a generat,on ahead by de5tgn I NT RNA I NAL

HOLTEC PROPRIETARY & COf<dFIDENTIAL Validation Approach 1111111111 HOLTEC I NTERNATI NAL

HOLTEC PROPRIETARY & GONFIDHHIAL Validation Approach (contd .. )

1111111111 HOLT EC (bK4)

C11nfid1 till lnformallon a generation ahead by design IN T RNATI NAL

HOLTEC PROPRIETARY & CONFIDEfl-fflAL 1111111111 Validation Approach (contd .. ) HOLT E C

- eu,1tldw.1hal l.1fo1111alio.1 a generatK>n ahead by des,gn I NTE RNAT I NAL 8

HOLTEC PROPRIETARY & CONFIDENTIAL Validation Procedure 1111111111 HOLTEC

- Ga '911 I II f 111a11ou a gener hon ahead by design INT RNATI NAL 9

HOLTEC PROPRIETARY & CONFIDENTIAL Model Calibration Steps 1111111111 HOLTEC

-(bX4) eu11 fi d0 tl 11 let, 11 a, a generation ahead by destgn I NTE RNATI NAL 10

HOLTEC PROPRIETARY & CONFIDENTIAL Model Validation Steps 1111111111 HOLT EC I NT RNAT I NAL lllliiiiia- a generation ahead t,y destgn 11

HOL TEC PROPRIETARY & CONFIDENTIAL Conclusion 1111111111 HOLT EC (bX4) a generation ahead by destgn I NT R NATI N AL 12