ML19171A269
| ML19171A269 | |
| Person / Time | |
|---|---|
| Site: | 07201031 |
| Issue date: | 06/14/2019 |
| From: | Fowler W NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML19171A277 | List: |
| References | |
| ED20190065 | |
| Download: ML19171A269 (9) | |
Text
A NAC INTERNATIONAL Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 Fax 770-447-1797 www.nacintl.com June 14, 2019 U.S. Nuclear Regulatory Commission 115 5 5 Rockville Pike Rockville, MD 20852-2738 Attn:
Document Control Desk
Subject:
Response to RAis for NAC International MAGNASTOR Cask System Amendment 8 Docket No. 72-1031
References:
- 1. NRC Certificate of Compliance (CoC) No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 7, Federal Register Docket ID NRC-2017-008, July 21, 2017
- 2. MAGNASTOR Cask System Final Safety Analysis Report (FSAR),
Revision 9, NAC International, August 2017
- 3. ED20180085, Submission ofNAC International MAGNASTOR Cask System Thermal Performance Test Data Satisfying the Requirements of Certificate of Compliance, Appendix A, Section 5.6, September 12, 2018
- 4. ED20180 I 07, Submission of Data Files Supporting the NAC International MAGNASTOR Cask System Thermal Performance Test Data Satisfying the Requirements of Certificate of Compliance, Appendix A, Section 5.6, October 24,2018
- 5. NRC Letter, Receipt of Test Data for Thermal Performance Test for MAGNASTOR Storage System for Certificate of Compliance No. 1031 -
Acknowledgment Letter, October 25, 2018
- 6. ED20I80111, Submission Input and Output Files for Calculation 71160-3161, to support NAC International MAGNASTOR Cask System Thermal Performance Test Data Satisfying the Requirements of Certificate of Compliance, Appendix A, Section 5.6, November 2, 2018
- 7. NRC Letter, Application for Amendment No. 8 to the Model No.
MAGNASTOR Storage Cask - Request for Additional Information, February 22, 2019 NAC International (NAC) hereby submits responses to the NRC's Request for Additional Information (RAI) (Reference 7). NAC and the NRC held a teleconference on May 23, 2019 to discuss the scope of the amendment request (Reference 6) and to provide additional details on the thermal performance testing (References 3 and 4). During this teleconference NAC explained how the initial request (Reference 3) to allow NAC system users to load heat loads greater than 30 kW based on the performance of the mockup testing evolved into an amendment request (Reference 6).
ED20190065
U.S. Nuclear Regulatory Commission June 14, 2019 Page 2 of2 The application in Reference 6 stated that NAC would now pursue the removal of Technical Specification (TS) A5.6 based on the potential paths forward proposed by the NRC in Reference 5.
The NRC provided additional information during the call which clarified the questions in Reference
- 7. NAC has revised the thermal test model Calculation 71160-3161, which reanalyzed the CFD model using a heat source applied to the full dimensions of the aluminum plates.
The proprietary version of this submittal is contained in a separate sealed envelope marked as "NAC Proprietary Information". An Affidavit pursuant to 10 CFR 2.390 is provided via to this letter.
If you have any comments or questions, please contact me on my direct line at 678-328-1236.
Wren Fowler Director, Licensing Engineering Attachments: - NAC International Affidavit Pursuant 10 CFR 2.390
Enclosures:
- RAI Responses - Calculation 71160-3161, Revision 1 ED20190065
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Licensing, of NAC International, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Norcross, Georgia 30092, being duly sworn, deposes and says that:
- 1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information c'ontained therein, and is authorized to request its withholding.
- 2. The information to be withheld includes the following NAC Proprietary Information that is being provided to satisfy the requirements of Certificate of Compliance (CoC) (No. 1031 ), Appendix A, Section 5.6, for the NAC International MAGNASTOR Cask System.
- - RAI Responses, Pages 2 thru 5
- - Calculation 71160-3161, Revision 1 Data Files for NAC Calculation 71160-3161, "Validation of CFD Mass Air Flow Calculations for MAGNASTOR Systems with SANDIA Thermal Test Program," Rev. 0, (Data Disk 1 of 1)
NAC is the owner of the information contained in the above documents. Thus, all of the above identified information is considered NAC Proprietary Information.
- 3. NAC makes this application for withholding of proprietary information based 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 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(l) for "trade secrets and commercial financial information obtained from a person, and privileged or confidential" (Exemption 4). The information for which exemption from disclosure is herein sought is all "confidential commercial information," and some portions may also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4.
- 4. Examples of categories of information that 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 competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
- b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
- c.
Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.
- d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
- e.
Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.
The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.
ED20190065 Page 1 of3
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 5. The information to be withheld is being transmitted to the NRC in confidence.
- 6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. 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 proprietary information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in Items 7 and 8 following.
- 7.
Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - 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 distribution" to individuals on a "need to know" basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
- 8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.
- 9.
Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position of NAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part ofNAC's comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process.
The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.
ED20190065 Page 2 of3
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF GEORGIA, COUNTY OF GWINNETT Mr. George Carver, 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 Norcro, Georgia, this 17 George Carver Vice President, Engineering and Licensing NAC International day of 3 W\\e...-
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ED20190065 Page 3 of3
Enclosure l to ED20190065 Page I of 2
,Enclosure l
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Enclosure J to ED20190065 Page 2 of2 withheld in its entirety per 10 CFR 2.390 to ED20190065 Page 2 of2 withheld in its entirety per 10 CFR 2.390 to ED20190065 Page I of 2.
Supporting pocumenta~tio~
NAC Calculation 71160-3161, "Validation of CFD Mass Air Flow Calculations for MAGNASTOR Systems with SANDIA Thermal Test Program", Rev. 1 Page I of I