ML19199A131
| ML19199A131 | |
| Person / Time | |
|---|---|
| Site: | 07109225 |
| Issue date: | 07/16/2019 |
| From: | Fowler W NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| ED20190068 | |
| Download: ML19199A131 (6) | |
Text
I NAC INTERNATIONAL Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com July 16, 2019 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention:
Document Control Desk
Subject:
Submission of NAC-LWT Safety Analysis Report (SAR), Revision 45 Incorporating the Revised Definitions of Damaged and Undamaged NRU/NRX Fuel Approved Applications
References:
Docket 71-9225
- 1.
- 2.
USNRC CoC No. 9225, Revision 66, Model No. NAC-LWT Package, Dated December 22, 2015 USNRC CoC No. 9225, Revision 67, Model No. NAC-LWT Package, Dated October 14, 2016
- 3.
USNRC CoC No. 9225, Revision 68, Model No. NAC-LWT Package, Dated January 5, 2018
- 4.
ED20150112, Submission ofNAC-LWT Safety Analysis Report (SAR),
Revision 44 Incorporating the Highly Enriched Uranyl Nitrate Liquid (HEUNL) Enhancements and the SLOWPOKE Fuel Core Approved Applications August 18, 2015 N AC hereby submits NAC-L WT SAR Revision 45 via Enclosure 1. This SAR revision incorporates those changes approved via Certificate of Compliance (CoC) No. 9225 Revisions, 66, 67, and 68 (References 1 thru 3, respectively). Since the approval of Reference 4, NAC requested to revise the Safety Analysis Report (SAR) via submittals 16A, 16B, 17A, 17B, ED2017004 7 and ED20170068. These submittals included revised definitions of damaged and undamaged NRU/NRX Fuel as approved contents of the NAC-LWT. All submittals in support of the approval for References 1, 2 and 3 have been consolidated and incorporated into Revision 44 of the NAC-L WT SAR to create Revision 45.
As a consolidated SAR, all pages of the document are identified as Revision 45 with revision bars identifying all changes from Revision 44.
A List of Effective Pages is provided for completeness. In addition, Enclosures 1 and 2 hereto detail the list of SAR and drawing changes, respectively.
This SAR revision contains NAC proprietary information and Attachment 1 is a signed affidavit, executed by Mr. George Carver, Vice President, Engineering and Licensing, requesting this proprietary information be withheld from public disclosure via 10 CFR 2.390. As part of this submittal, NAC is including one hard copy of both the proprietary and non-proprietary versions of SAR Revision 45.
ED20190068
A NAC INTERNATIONAL Nuclear Regulatory Commission July 16, 2019 Page 2 of 2 Additionally NAC is requesting in accordance with the provisions of 10 CPR 71.1 and 10 CPR 71.38, NAC International (NAC) hereby requests the timely renewal of U.S. NRC CoC No. 9225 for the Model No. NAC-LWT Legal Weight Truck Cask System (Package Identification No.
USA/9225/B(U)F-96), which will expire April 30, 2020.
Should this application for consolidation request and the approval of this timely renewal request align, NAC is agreeable with this being accomplished in one CoC Revision.
If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1236.
Wren Fowler Director, Licensing Engineering Attachments Attachment I - NAC International Inc. Affidavit Pursuant to 10 CFR 2.390 Enclosure Enclosure I - List of Changes, NAC-L WT SAR, Revision 45 - List of Drawing Changes, NAC-L WT SAR, Revision 45 -NAC-LWT SAR, Revision 45, Proprietary Version ED20190068
A NAC INTERNATIONAL ED20190068 NAC International Inc.
Affidavit Pursuant to 10 CFR 2.390
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Licensing, of NAC International Inc.,
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 contained therein, and is authorized to request its withholding.
- 2. The information to be withheld includes the following NAC Proprietary Information that is being provided in support the technical review of NAC's Request for a Certificate of Compliance (CoC) (No. 9225) for the NAC L WT Transport Package.
NAC-LWT SAR Revision 45, Proprietary Version NAC is the owner of this information that is considered to be 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.
- 5. The information to be withheld is being transmitted to the NRG in confidence.
ED20190068 Page 1 of 3
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 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 of NAC'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.
ED20190068 Page 2 of3
NAC INTERNATIONAL INC.
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.
Georgia, this I I.ti +h day of q~
, 2019.
George Carver Vice President, Engineering and Licensing NAC International Inc.
Subscribed and sworn before me this )& +/A..
day of Q~
ED20190068 Page 3 of3
, 2019.