ML19354A714

Approval of Tn America Request for Withholding Information from Public Disclosure for Coc 1029 Renewal Request for Supplemental Information Responses (CAC No. 001028)

ML19354A714
Person / Time
Site:	07201029
Issue date:	12/20/2019
From:	Christopher Markley Division of Fuel Management
To:	Narayanan P TN Americas LLC
Markley C
References
CAC 001028, EPID L-2018-RNW-.0016
Download: ML19354A714 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 20, 2019 Mr. Prakash Narayanan Chief Technical Officer TN Americas LLC 7135 Minstrel Way Suite 300 Columbia, MD 21045

SUBJECT:

APPROVAL OF TN AMERICAS REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COC NO. 1029 RENEWAL REQUEST FOR SUPPLEMENTAL INFORMATION RESPONSES (CAC NO.

001028)

Dear Mr. Narayanan:

By letter dated May 22, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19148A485), TN Americas LLC (TN) submitted an application for renewal of Certificate of Compliance No. 1029 for the Standardized Advanced NUHOMS System. By letter dated November 4, 2019 (ADAMS Accession No. ML19310F744), the NRC transmitted a request for supplemental information (RSI). By letter dated December 4, 2019 (ADAMS Accession No. ML19338E132), TN Americas LLC (TN) submitted a response to the NRCs RSI. TNs response included an affidavit dated December 4, 2019, executed by Ronda Jones, Notary Public in the State of Maryland. You requested that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Enclosure 2, Portions of the Request for Supplemental Information, Observations and Responses

• Enclosure 4, Portions of various chapters and appendices of the Certificate of Compliance No. 1029 Renewal Application, Revision 1

• Enclosures 6 and 7, Time-Limited Aging Analysis Calculations The submitted affidavit stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things:

• The information sought to be withheld from public disclosure involves operating experience with spent fuel storage system aging and details of spent fuel storage system aging management studies, associated with the renewal application for the Standardized Advanced NUHOMS System, which are owned and have been held in confidence by TN Americas LLC.

• The information is of a type customarily held in confidence by TN Americas LLC, and not customarily disclosed to the public. TN Americas LLC has a rational basis for determining the types of information customarily held in confidence by it.

• Public disclosure of the information is likely to cause substantial harm to the competitive position of TN Americas LLC, because the information consists of operating experience with the aging degradation of Standardized Advanced NUHOMS System loaded casks,

P. Narayanan 2 and details of spent fuel storage system aging management studies and planned aging management strategies associated with the renewal application for the Standardized Advanced NUHOMS System, the application of which provide a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to better compete with TN Americas LLC, take marketing or other actions to improve their product's position or impair the position of TN Americas LLC's product, and avoid developing similar data and analyses in support of their processes, methods or apparatus.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Further, these documents may be withheld in whole because the submitted response also contains public versions of these documents with the proprietary materials redacted.

Therefore, Enclosure 2, Portions of the Request for Supplemental Information, Observations and Responses, Enclosure 4, Portions of various chapters and appendices of the Certificate of Compliance No. 1029 Renewal Application, Revision 1, and Enclosures 6 and 7, Time-Limited Aging Analysis Calculations, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified of the date of public disclosure, in advance which will be a reasonable time thereafter.

If you have any questions regarding this matter, please contact me at (301) 415-6293 or Christopher.Markley@nrc.gov.

Sincerely,

/RA Daniel Doyle for/

Christopher T. Markley, Systems Performance Analyst Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-1029 CAC No. 001028 EPID No. L-2018-RNW-0016

ML19354A714 OFFICE NMSS/DFM NMSS/DFM NMSS/DFM WWheatley DDoyle NAME CMarkley By e-mail By e-mail DATE 12/10/19 12/12/2019 12/18/2019