ML19151A483
| ML19151A483 | |
| Person / Time | |
|---|---|
| Site: | 07109378 |
| Issue date: | 05/29/2019 |
| From: | Seawright B Holtec |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| EPID L-2018-NEW-0000 | |
| Download: ML19151A483 (7) | |
Text
Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 HOLTEC INTERNATIONAL May 29, 2019 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. 71-9378 (HI-STAR 100MB Model)
EPID No.: L-2018-NEW-OOOO Telephone (856) 797-0900 Fax (856) 797-0909
Subject:
Submittal of the HI-STAR 100MB Safety Analysis Report Revision 2
Reference:
- 1. Holtec Letter 5014842, dated February 16, 2018
- 2. Holtec Letter 5026001, dated February 13, 2019
- 3. Holtec Letter 5026002, dated March 14, 2019
Dear Mr. Saverot:
We are pleased to submit revision 2 of the HI-STAR 100MB Safety Analysis Report (SAR) in support of the request for a Certificate of Compliance in [I] and Holtec's responses to RAis in [2]
and [3]. This SAR revision reflects additional editorial enhancements incorporated under Holtec QA program.
Enclosures 1 and 2 contain Holtec Report No. Hl-2188080 Revision 2 titled "Safety Analysis Report on the HI-STAR 100MB Package" in both proprietary and non-proprietary versions, respectively. is an affidavit prepared in accordance with IO CFR 2.390 requesting that Enclosure 1 containing Holtec proprietary information be withheld from public disclosure.
If you have any questions, then please contact me at 856-797-0900, ext. 3931.
Brian Seawright Licensing Engineer Holtec International Document ID: 5026003 Page I of 2
HOLTEC INTERNATIONAL cc:
(letter only w/o enclosures)
John McKirgan, USNRC Mike Layton, USNRC
Enclosures:
Krishna P. Singh Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 :
HI-2188080, "Safety Analysis Report on the HI-ST AR 100MB Package", Revision 2 (Holtec Proprietary Information) :
HI-2188080, "Safety Analysis Report on the HI-STAR 100MB Package", Revision 2 (Holtec Non-Proprietary Information) :
Affidavit Pursuant to 10 CFR 2.390 Document ID: 5026003 Page 2 of2
U.S. Nuclear Regulatory Commission Document ID 5026003 Non-Proprietary Enclosure 3 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Kimberly Manzione, 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 information provided in Enclosure 1 to Holtec Letter 5026003. The enclosure 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 9.17(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, 704F2d1280 (DC Cir. 1983).
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U.S. Nuclear Regulatory Commission Document ID 5026003 Non-Proprietary Enclosure 3 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 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 regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence. Its initial designation as 2 of 5
U.S. Nuclear Regulatory Commission Document ID 5026003 Non-Proprietary Enclosure 3 AFFIDAVIT PURSUANT TO 10 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 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.
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U.S. Nuclear Regulatory Commission Document ID 5026003 Non-Proprietary Enclosure 3 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 infonnation 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.
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U.S. Nuclear Regulatory Commission Document ID 5026003 Non-Proprietary Enclosure 3 AFFIDAVIT PURSUANT TO 10 CFR 2.390 ST ATE OF NEW JERSEY COUNTY OF CAMDEN
)
)
)
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 29th day of May, 2019.
Subscribed and sworn before me this 29th day of May, 2019.
KORIN M FAGAN Notary Public, State of New Jersey My Commission Expires February 15, 2024 5 of 5 Kimberly Manzione Licensing Manager Holtec International