ML19337A806
| ML19337A806 | |
| Person / Time | |
|---|---|
| Site: | 07109367 |
| Issue date: | 11/27/2019 |
| From: | Hinojosa L Holtec |
| To: | Pierre Saverot Document Control Desk, Division of Fuel Management |
| Shared Package | |
| ML19337A801 | List: |
| References | |
| 2178011-NRC, EPID No: L-2019-LLA-088 | |
| Download: ML19337A806 (8) | |
Text
KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 HOLTEC INTERNATIONAL November 27, 2019 Mr. Pierre Saverot, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards ATTN: Document Control Desk U.S. Nuclear Regulatory Commission Washington, DC 20555-0001 Docket No.:
EPID No:
Docket No. 71-9367 (HI-STAR 180D Model)
L-2019-LLA-0088 Telephone (856) 797-0900 Fax(856)797-0909
References:
[l] Holtec Letter, Luis Hinojosa to Michael Layton, dated April 25, 2019 (Initial submittal ofLAR 9367-2 and Request of CoC Renewal)
Subject:
[2] USNRC Letter, Pierre Saverot to Luis Hinojosa, dated October 22, 2019 (Request for Additional Infom1ation)
Submittal of RAI responses for Holtec's LAR 9367-2 for the design certification of the HI-ST AR 180D Transportation Package
Dear Mr. Saverot,
Holtec International is pleased to submit responses to the staffs requests for additional information [2] on Holtec's LAR 9367-2 for the design certification of the HI-STAR 180D Transportation Package [ 1].
Enclosures 1 and 2 contain proprietary and non-proprietary versions of Holtec's response to RAis. Enclosures 3 and 4 contain proprietary and non-proprietary versions of Holtec' s enhanced application, Revision 4.A of the HI-STAR 180D SAR. Enclosure 5 contains proposed change to the cask and basket licensing drawings. The impact limiter licensing drawing is unaffected by the RAis but resubmitted as part of the complete SAR drawing package. Additional enhancements have been made to the application, including the proposed changes identified as XPC-1 and XPC-2 in enclosures 1 and 2 as well as minor editorial enhancements (no technical changes) to Table 8.1.4, Table 8.1.9, Table 8.1.11 and Table 2.2.13 of the application.
Enclosures 6 through 11 contain a variety of supporting documents, including Holtec proprietary calculation packages and requested test data. Enclosure 13 contains a non-proprietary vendor letter.
Doc. I.D.: 2178011-NRC Page 1 of 3 When separated from the enclosures, this cover letter is non-proprietary.
KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 HOL TEC INTERNATIONAL Telephone (856) 797-0900 Fax (856) 797-0909 2 to this letter is an affidavit prepared in accordance with IO CFR 2.390 requesting that Enclosures noted below as proprietary be withheld from public disclosure due to their proprietary nature.
If you have any questions, then please contact me at 856-797-0900, ext. 3698.
Sincerely,
'>4/4-Luis Hinojosa Corporate Adjunct Licensing Manager Project Manager of Licensing of Transportation Systems Holtec International cc:
(letter only)
Andrea Kock, USNRC Christopher Regan, USNRC
Enclosures:
Enclosure I: Responses to HI-ST AR 180D RAis (Holtec Proprietary Information) : Responses to HI-STAR l 80D RAis (Holtec Non-Proprietary Information) : HI-STAR 180D Safety Analysis Report (SAR), HI-2125175, Revision 4.A (Holtec Proprietary Information) : HI-STAR l 80D Safety Analysis Report (SAR), HI-2125175, Revision 4.A (Holtec Non-Proprietary Information) : HI-STAR 180D Cask Licensing Drawing No. 8545, Proposed Rev. 8 HI-STAR 180D F-37 & F-32 Basket Licensing Drawing No. 8553, Proposed Rev. 7 HI-STAR 180D Impact Limiter Licensing Drawing No. 8552, Rev. 3 (Holtec Proprietary Information) :
Calculation Package for the HI-STAR l 80D Transport Cask System (Structural),
HI-2125252, Revision 11 (Holtec Proprietary Information) :
IL Crush Material Test Reports per Holtec PO No. 1630AICO #3 (Holtec Proprietary Information) :
IL Crush Material Test Report per Holtec PO No. 100879 (Holtec Proprietary Information)
Doc. I.D.: 2178011-NRC When separated from the enclosures, this cover letter is non-proprietary.
Page 2 of 3
HOL TEC INTERNATIONAL KPS Technology Campus, 1 Holtec Blvd, Camden, NJ 08104 Telephone (856) 797-0900 Fax (856) 797-0909 :
Thermal Evaluation of the HI-STAR 180D in Transport, HI-2125241, Revision 6 (Holtec Proprietary Information) 0: Effective Thermal Properties of HI-STAR 180D Fuel Assemblies, HI-2125201,
Revision 2 (Holtec Proprietary Information) 1: Shielding Analysis for the HI-STAR 180D, HI-2125255, Revision 5 (Holtec Proprietary Information) 2: Affidavit Pursuant to 10 CFR 2.390 to Withhold Information from Public Disclosure 3: Letter from Technetics Group to Holtec International, September 5, 2019 (non-proprietary)
Doc. I.D.: 2178011-NRC When separated from the enclosures, this cover letter is non-proprietary.
Page 3 of 3
U.S. Nuclear Regulatory Commission ATTN : Document Control Desk Document ID 2178011-NRC Non-Proprietary Enclosure 12 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 Enclosures 1, 3, and 5 through 11 to Holtec Letter 2178011-NRC, which 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 1 OCFR Part 9.17(a)( 4), 2.390(a)( 4), and 2.390(b )(1) 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 ATTN: Document Control Desk Document ID 2178011-NRC Non-Proprietary Enclosure 12 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 4e 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 of 5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 2178011-NRC Non-Proprietary Enclosure 12 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 infonnation, 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 ATTN : Document Control Desk Document ID 2178011-NRC Non-Proprietary Enclosure 12 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 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 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 ATTN: Document Control Desk Document ID 2178011-NRC Non-Proprietary Enclosure 12 AFFIDAVIT PURSUANT TO 10 CFR 2.390 ST A TE 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 27th day ofNovember, 2019.
Subscribed and sworn before me this ---
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/~~
Kimberly Manzione Licensing Manager Holtec International Erika Grandrimo NOTARY PUBLIC STATE OF '.':EW JERSEY
~1Y C0\\1M ISS10N l*:XPIRES January 17, 2022
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