ML18242A077
| ML18242A077 | |
| Person / Time | |
|---|---|
| Site: | 07109373 |
| Issue date: | 07/31/2018 |
| From: | Ngwayah R Holtec |
| To: | Pierre Saverot Document Control Desk, Spent Fuel Licensing Branch |
| References | |
| 5024010, LAR-9373-1 | |
| Download: ML18242A077 (7) | |
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- ~ H-OLTEC INTERNATIONAL Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 July 31, 2018 Pierre Saverot, Project Manager - Spent Fuel Licensing Branch Division of Spent Fuel Management
- Office of Nuclear Material Safety and Safeguards ATTN
- USNRC Document Control Desk U.S. Nuclear R~gulatory Commission Washington, DC;: 20555-0001 V
Docket No.: 71-9373 (HI-STAR 190 Model)
Subject:
Submittal ofRAis Reponses for the review of the Model No. HI-STAR 190 Package for License Amendment Request (LAR) 9373-1 Reference(s): [1] "Submittal of License Amendment Request 9373-1 to HI-STAR 190 Certificate of Compliance 71-9373" (Letter No. 5024009 from Royston Ngwayah (Holtec) to Pierre Saverot (NRC) dated January 24, 2018)
[2] "Request for Additional Information for the review of the Model No. HI-STAR 190 Package" (Letter from Pierre Saverot (NRC) to Royston Ngwayah (Holtec) dated June 13, 2018)
Dear Mr. Saverot:
By letter dated June 13, 2018 [2], NRC staff documented requests for additional information (RAis) that are required to complete their detailed technical review of HI-STAR 190 LAR 9373-1 [1] submitted January 24, 2018.
Holtec's responses to NRC staff RAis and supporting information are in the enclosures to this letter. This submittal also includes some editorial proposed changes together with the corresponding supporting information, and the Summary of Proposed Changes (SOPC) is revised accordingly.
. Responses to the RAis '1!e in Enclosure 1 to this letter. Enclosure 2 contains the revised Summary of Proposed Changes (SOPC). Enclosure 3 contains Revision 1 of the Enhanced Damaged Fuel Container (DFC) Licensing Drawing No. 11107. Enclosure 4 is the updated proposed CoC. Enclosures 5 and 6 are the non-proprietary and proprietary versions of Proposed Revision 2A of the HI-STAR 190 Safety Analysis Report (SAR) respectively. Enclosures 7-9 contain technical reports and as necessary computer data files in support of the changes made to the licensing bases in support of this LAR.
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The information in Enclosures 3 and 6 through 9 are considered proprietary by Holtec. Therefore 0 is an affidavit prepared in accordance with 10 CFR 2.390 requesting that Doc. I.D.: 5024010 Page 1 of2 JJ/vf5SDI
HOLTEC INTERNATIONAL Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 Enclosures 3 and 6 through 9 to this letter be withheld from public disclosure due to their proprietary nature.
If you have any questions, please contact me at (856)-797-0900, ext. 3844.
Sincerely,
~for-!0 Royston Ngwayah Licensing Engineer Holtec International cc:
(Via email)
John McKirgan, USNRC Mike Layton, USNRC Holtec Users Group
Enclosures:
(3 and 6 through 9 contain Holtec Proprietary Information) : RAis Responses for LAR 9373-1 : Revised Summary of Proposed Changes (SOPC) Based on RAI Responses : Revision 1 ofDFC Licensing Drawing (No. 11107) and Revision Summary (Holtec Proprietary Information) : Updated proposed CoC (No. 9373) for HI-STAR 190 : Proposed Rev. 2A of HI-STAR 190 Safety Analysis Report : Proposed Rev. 2A of HI-STAR 190 Safety Analysis Report (Holtec Proprietary Information) : Structural Evaluation of the Generic DFC for the MPC-37, Report No. HI-2177733R2 and Input/Output Data Files (Holtec Proprietary Information) : Structural Analysis of Damaged Fuel Container at SONGS, Report No. HI-2156649R4 (Holtec Proprietary Information) : HI-ST AR 100 Shielding Design and Analysis for Transport and Storage, Report No. HI-951322R25 and Input/Output Data Files (Holtec Proprietary Information) 0: Affidavit Pursuant to 10 CFR 2.390 to Withhold Information from Public Disclosure Doc. I.D.: 5024010 Page 2 of2
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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5024010
- Non-Proprietary Enclosure 10.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Kimberly Manzionelbeing duly sworn, depose and state as follows:J (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 Enclosures 3 and 6 through 9 to Holtec Letter 5024010, 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)(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, 704F2dl280 (DC Cir. 1983).
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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5024010 Non-Proprietary Enclosure 10
. 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 re~sons 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 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 5024010 Non-Proprietary Enclosure 10 AFFIDAVIT PURSUANT TO 10 CFR 2.390 ir 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 lilJUry.
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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk
- Document ID 5024010 Non-Proprietary Enclosure 10 AFFIDAVITPURSUANT TO 10 CFR2.390 l
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- (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 reso9.rces would unfairly provide competitors with a, windfall, and deprive **Hoitec 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 5024010 Non-Proprietary Enclosure 10 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY COUNTY OF CAMDEN
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ss:
Kimberly Manzione, 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 31st day of July, 2018.
Kimberly Manzione Licensing Manager Holtec International 51--'° Subscribed and sworn before me this '3 I day of_J---"-L"-_l.._')~-' 2018.
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MARYJFOX COMMISSION #S0082t NOTARY PUBLIC
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STATE OF NEW JERSE)'
EXPIRES ON JUNE 11,202~
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