ML19095B551
| ML19095B551 | |
| Person / Time | |
|---|---|
| Site: | Consolidated Interim Storage Facility |
| Issue date: | 04/03/2019 |
| From: | Boshoven J Consolidated Interim Storage Facility |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML19095B557 | List: |
| References | |
| E-53941 | |
| Download: ML19095B551 (7) | |
Text
INTERIM STORAGE PARTNERS April 3, 2019 E-53941 Director, Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards U. S. Nuclear Regulatory Commission rl-- !OE"D Attn: Document Control Desk One White Flint North 11555 Rockville Pike Rockville, MD 20852
Subject:
Submission of ISP Draft Responses for RAls NP-15-x and P-15-x and Associated Document Markups for the April 16, 2019 Meeting
Reference:
- 1.
Letter from John-Chau Nguyen (NRG) to Jeffery D. Isakson, "Interim Storage Partners' License Application to Construct and Operate the Waste Control Specialists Consolidated Interim Storage Facility, Andrews County, Tx, Docket 72-1050- First Request for Additional Information, Part 1," dated November 16, 2018 Interim Storage Partners LLC hereby submits its draft RAI responses for the meeting scheduled for April 16, 2019 to discuss RAls NP-15-x and P-15-x. contains the responses to the non-proprietary RAls, however SAR Chapter C.14 associated with RAI NP-15-13 contains proprietary information and therefore is not included in Enclosure 2. The proprietary RAI responses are provided in Enclosures 3 along with the proprietary version of SAR Chapter C.14. Enclosure 4 includes the proprietary calculation that supports the response to RAI NP-15-10. Affidavits (Enclosure 1) are provided for the proprietary information. Enclosure 5 provides the non-proprietary version of SAR Chapter C.14.
Should you have any questions regarding this submission,_please contact me by telephone at (410) 910-6955, or by email at jack.boshoven@orano.group.
P.O. Box 1129
- Andrews, Texas 79714
- interimstoragepartners.com
Document Control Desk Sincerely, Jack Boshoven Chief Engineer CISF, Licensing and Engineering Interim Storage Partners LLC cc:
John-Chau Nguyen, Senior Project Manager, U.S. NRG Richard Turtil, U.S. NRG Jeff Isakson, ISP LLC Elicia Sanchez, ISP LLC Renee Murdock, ISP LLC
Enclosures:
- 1.
Affidavits Pursuant to 10 CFR 2.390
- a.
Interim Storage Partners
- b.
NAG International
- 2.
Draft Response to RAI NP-15-x with SAR Markups
- 3.
Draft Responses to RAI P-15-x with SAR Markups (Proprietary)
- 4.
Calculations (Proprietary)
- a.
71160-2101
- 5.
Non-Proprietary Draft SAR Section C.13 E-53941 Page 2 of 2 Affidavits Pursuant to 10 CFR 2.390
ISPLLC State of Maryland County of Howard
)
)
ss.
)
AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Jeffery Isakson, depose and say that I am Chief Executive Officer/President, Interim Storage Partners LLC duly authorized to execute this affidavit, and have reviewed or caused to have reviewed the information that is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of 10 CFR 2.390 of the Commission's regulations for withholding this information.
The information for which proprietary treatment is sought applies to the following documents listed below:
- ofE-53941 Responses to Proprietary RAis P-15-x and SAR Section A.13 These documents have been appropriately designated as proprietary.
I have personal knowledge of the criteria and procedures utilized by Interim Storage Partners LLC in designating information as a trade secret, privileged or as confidential commercial or financial information.
Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.
- 1) The information sought to be withheld from public disclosure involves information related to the design of the WCS CISF, which are owned and have been held in confidence by Interim Storage Partners LLC.
- 2) The information is of a type customarily held in confidence by Interim Storage Partners LLC, and not customarily disclosed to the public. Interim Storage Partners LLC has a rational basis for determining the types of information customarily held in confidence by it.
- 3) Public disclosure of the information is likely to cause substantial harm to the competitive position of Interim Storage Partners LLC, because the information consists of descriptions of the design and analysis of the WCS CISF, the application of which provide a competitive economic advantage. The availability of such information to competitors would enable them to modify their product or project to better compete with Interim Storage Partners LLC, take marketing or other actions to improve their product's or project's position or impair the position of Interim Storage Partners LLC product or project, and avoid developing similar data and analyses in support of their processes, methods or apparatus.
Further the deponent sayeth not.
Jeffery Isakson Chief Executive Officer/President, Interim Storage Partners LLC re me this 3rd day of April, 2019.
Notary Public My Commission Expires _jQ_j) le I _jJ__
RONDA JONES
- OTARY PUBLIC STATE OF MARYLAND "1y Commission Exp/res October 16, 2019 Page 1 of 1
ANAC
~I INTERNATIONAL NAC l~TERNA,TIO:N'AL.
AFFIDAVIT PURSUANT TO 10 CFR2.390 K~ht Cqle (Affi~1it), CEO & Preside.nt, of NAC International, hereinafter referred to al? NAC, at 3930 East Jones Bridge Road, Norcross, Georgfa 30092, being duly sworn, deposes and says that:
I. Affiant has reviewed the information descril;>ed in Item 2 and is personally familiar with the. trade secrets and priviTe~ed information contained therein, and is authorized to request its withholding.
i.. The i1Jf01:r11aJion tp.be withheltj includes the foliow.ing NAC Proprietary Information that is being provided in support of the NRC review of SAR Revision,2 for Interi1n Storage Partners (ISP)
- Centralized Interiin Storage Facility (CI.SF) site-specific license appli9ation (NRC Docket No. 72-1050),
NACCaiculation, 71160-2.IOi, Rev. *9 NAC is the owner of this information that is considered to be NAG Proprietary Information.
- 3. NAC makes this ~pplication for withholqing of proprietary information ba~ed upon the exemption from disclosure set forth in: the Freedom of Information Act("F0IA'1); :5 USC Sec. 552(b)(4) and the TradeSecr.etsAct; 18 USC Se.¢. 1905; arfd NRC Regulations 10 CFRPart 9.17(a)(4.), 2.390(a)(4), and.
- z:J90(b)(l) for "trade secret$ and commercial financial informatfon obtained from a person; and privileged or confidential (Exempti'on 4). The iiiformation for which exemption from disclosure is hei*ein sought is all "confidential commercial infonnation," a11d some portions m~y also qualify under the m1rrower cj~finition of "trade secret,." within the meanings assigned to those terms for purposes of FbJA.Exemption 4.
- 4. Examples of cate_gories of Information that fit into the definition ofproprietary information,are:,
- a.
Infcmnation th~t discloses a process, method, or apparatus,. including supporting data and analyses; where prevention of its use by competitoi"s 6f NAC, without license from NAC, co!1sti.ttites 1! ¢ompetit_ive e¢orromic ady~ntage ov~r Qther compa11ie~.
- b. Information that, if used by a competitor, would reduce their expenditure of resources oi' in1prove their cornpetiti_ve position in the design1.manufactqre,.silipment, installation_, as.surance of quality or licensfog of"a similar product.
- c.
l\\1forr11?ti9n (h4t reveals cost 9r price inforrn\\ltioJ1, production cap~cjtJe~, budget leyeJs or commerci'aJ strategies of NAG, its customers, or its suppliers.
- d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs.6:f potential comrnercial vahle to NAC.
- e. Information that discloses patentable subject matter for which it may be des:irahie to obtain patent protection.
The information that,ts sought to be withheld is.c.onsidered to be proprietary for the reasons set forth i'n Items 4.~, 4.'I), a:n_q 4.'d.
$, The info.niiati.on to,b'¢ withheld is lieifig tr~nsJnitj;!.'.Jd to the NRC in CJ:>nfidence.
ED20i.90046, Page J,ofJ
ANAC HINTERNATIONAl
'6. The information sought to be withheld, induding that compiled from many sources, is of a sort ci.1st6marily held in confidence by NAC, and is,.in fa:ct, so held,. This i_nformation has, to the best of my knowledge a:n_d belief, c(ins1gtently been held in confidence.by NAG,. No public :disclosure has been made, and it is not available fo public sources. All disclosures to.third cparties, includin*g arty re_quired t1;a-nsmittaJs to the NRC, have bee.n rn::i.de, oi: m1Jst Qe rnac!_e, pµrs11ant to regµ(11tory prqvts~ons
- 9rprqprietary agreements, which provide for maintenance of the information in confidence. Its initial designation as proprietary information and the subseqµent steps taken to prevent its unauthorized disclosure are a:s set fmth in lterns 7 an_d 8 fo_llowing.
- 7. Initial appfoval of proprietary fteatrnMt of a _do¢u1nent/it1for1fiqtion is rnade _by the. Vi¢e President, Engineering, the Project M.1:1.riager,.the Licensfog Specialist, or the Direqtor, Liceqsjng - the persons most likely to know-the value and sensitivity of the information in relation to industry knowledge.
Access.to proprietary documents within NAC is limited via: "controlled distribudon" to individuals on q "need to knqw" b.~sjs_. The procedm;e.for e?(tern11l release of NAC. proprietary documents typjc;:aUy requires the approval of the Project Manager based on a review.of the doc.uments for technical
- col'1telit,. corripetitive effect a:nd a.cquraqy of the proprietary designation, Dis_closures.of :Proprietary d.o:c~1111~nts p1:i(side c;,f N.A~ ~re limite.d to regulatory agencies, customers and potential pustomers and their agents, suppliers, licensees and contradtors with a legitimate need for th~ information, arid then only in. acco.rdance with appropriate i:egulatory proyisions or proprietary ~greements,
- 8. NAC has invested a significa.11t arnou11t bf time aiid mo1iey i.n the research, development, eilgineerihg am:I analytical costs.to develop the information that is s9ught to* be wjthht:Jlc;l.as propri*etary. This Informafion fs.considered to be proprietary because it contains.detailed descdptions of analytical approaches, rnethodologies,- te.chnical data: and/or evalu:ation results not available elsewhere. The
.precise va,lue of {he e?.(pertise reql!ired to deveiop the proprietary inf9rmatiqn 'i~.diffic;ult to quantify, but it is clearly substantiaL Public disclosure* of the information to be withheld i's likely to cause substantial harm to the conipetitive position ofNAC, as the owner oftlie ii1forrnation, and reduce or-elirninate.the availability of prqflt~uulj(iµg opportunities. The proprietary information is part of NAC's.comprehensive _spent fuel storage and transport technolo_gy.base, and Its commercial value extends beyond the original (leve:lopmef1t cost to inclµde th¢ developfneilt of the expertise to d¢termihe and apply the appropriate eva:iuation process. The vaiue of this proprietary information and the competit_ive ac;lvantage that 'it provides to NAG would be lost if the information were disclosed to the public.
Making such foformation available to other parties, irH:~luding competitors, without their having to make s-imila.r im:estments of time, labor and money would provide competitors with an 1Jt1fair advantMe ~n.d deprive NAG nf the opportunity to seek an adequate retur:n on its large fovestment.
ED20190046 Page 2 of3
- ANAC OINTERNATIONAL NAC INTERNATIONAL
.AFFIDAVIT PURSUANT TO 10 CFR 2.~90 (~on{hm~d)
STATE OF G.EOR~JA, (:QUNT); OF GWINNETT Mr. Kent Cole, being duly sworn, deposes and.says:
That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.
Executed at Norcross, Georgia, this 3rd day of April *2019.
. ~*
- (<.ent Col.e CEO & President NAC lnternationa.l Subscribed arid sworn b~fore me'this 3~ day of,:i/,z.r/(
- ED201_90046 Page 3 of3
, 2019.