ML20056G627
| ML20056G627 | |
| Person / Time | |
|---|---|
| Site: | 07109235 |
| Issue date: | 08/23/1993 |
| From: | Stuart I NAC INTERNATIONAL INC. (FORMERLY NUCLEAR ASSURANCE |
| To: | Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML19310D674 | List: |
| References | |
| IFS-93-132-EDS, NUDOCS 9309030354 | |
| Download: ML20056G627 (6) | |
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Muclear Assurance Corporation 655 Engineenng Derve Sune 200
?Jorcross Georg a 30032 9 04)447-1144 F AX $ (4G4) 447-1797 August 23, 1993 IFS /93/132/EDS Mr. Charles J. Haughney, Chief Storage and Transpott Systems Branch NMSS:IMNS, Mail Stop 6H3 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852 APPLICATION FOR WITHHOLMNG PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE
Reference:
NAC-STC SAR Docket No. 71-9235: Safety Analysis Report for the NAC Storable Transport Cask (NAC-STC)
Dear Mr. Haughney:
The proprietary material for which withholding is being requested by Nuclear Assurance Corporation is the same type of material previously submitted to the Nuclear Regulatory Commission.
The affidavit, which accompanies this letter, sets forth the basis on which the information may be withheld from public disclosure by the Commission, and addresses specifically the considerations listed in paragraph (b)(4) of the 10 CFR Section 2.790 of the Commission's regulations.
This application for withholding is submitted by Nuclear Assurance Corporation pursuant to the provisions of paragraph (b)(1) of Section 2.790 of the Commission's regulations.
It contains commercially strategic information proprietary to NAC customarily held in our confidence.
It is respectfully requested that the enclosed information, which is proprietary to Nuclear Assurance Corporation, be withheld from public disclosure in accordance with 10 CFR 2.790.
Please contact me if there are any questions relative to this application for withholding or the accompanying affidavit.
Sincerely, NUCLEAR ASSURANCE CORPORATION
,f' 1/
/
}Jw lNIMIY Ivan F. Stuart Vice President Engineering Design Services IFS /dah 4
Enclosures l
To*yo Othce 2 7-10 Sayra Macht Koganet Tc6yo. Japan Marl No. 84. 423-87-6758 FAX # 423 87-6740 Zunch 0+' ace-Weinmergstrasse 9. CH B001 Zurich. Swdreriand. 501)201-7344. Teler. 817640, F AX # (O f )252 7694 9030354 930819
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August 23, 1993 IFS /93/132/EDS Page 2 l
'1 AFFIDAVIT I
STATE OF GEORGIA i
SS COUNTY OF GWINNETT:
Before me, the undersigned authority, personally appeared Ivan F. Stuart, who, being by me duly sworn by law, deposes and says that he is authorized to execute this Affidavit on behalf of Nuclear Assurance Corporation (NAC) and that the averments of fact set forth in this Affidavit are true and correct to the best i
of his knowledge, information, and belief:
/
YL 4/
f Ivan F. Stuart Vice President Nuclear Assurance Corporation i
Sworn and subscrj, bed b1 fore me this
_23__ day of "tf vt /
1993.
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August 23, 1993
+
IFS /93/132/EDS Page 3 (1)
I am Vice President of Nuclear Assurance Corporation and my responsibilities include reviewing the proprietary infomation sought to i
be withheld from public disclosure in connection with the licensing of
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spent fuel transport cask systems or spent fut!! storage systems.
I am 1
authorized to apply for its withholding on behaif of Nuclear Assurance Corporation.
t (2)
I am making this Affidavit in conformance with the provisions of 10 CFR Section 2.790 of the Commission's regulations and in conjunction with Nuclear Assurance Corporation's application for withholding accompanying the Affidavit.
I (3)
I have personal knowledge of the criteria and procedures utilized by i
Nuclear Assurance Corporation in designating information as a trade I
secret, privileged or as confidential or financial information.
I (4)
The following information is furnished pursuant to the provisions of j
paragraph 10 CFR 2.790 (b)(4) to determine whether the information sought j
to be withheld from public disclosure should be withheld, t
(i)
The information sought to be withheld from public disclosure is j
owned and has been held in confidence by Nuclear Assurance l
Corporation.
(ii)
The information is of a type customarily held in confidence by Nuclear Assurance Corporation, is not customarily disclosed to the i
public ard is transmitted to the Commission in confidence.
j (iii)
The information sought to be protected is not available in public l
sources to the best of our knowledge and belief and the release of such information might result in a loss of competitive advantage i
as follows:
l (a)
It reveals the distinguishing aspect of a cask system where prevention of its use by any of Nuclear Assurance i
Corporation's competitors without license from Nuclear l
Assurance Corporation constitutes a competitive economic l
3 advantage over other companies.
i (b)
It consists of data, including design and procurement i
infomation, relative to a component or material, and
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application of which secures a competitive economic or technical advantage.
4 (c)
Its use by a competitor would reduce his expenditure of i
resources or improve his competitive position in the design, j
manufacture, shipment, installation, assurance of quality, or 1
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licensing a similar product.
a (d)
It contains patentable ideas, for which patent protection may 4
)
be desirable.
)
I a
4 August 23, 1993 IFS /93/132/EDS Page 4 (5)
The infomation is being transmitted to the Commission in confidence and, under the provision of 10 CFR Section 2.790, it is to be received in confidence by the Commission.
(6)
The information sought to be protected is not available in public sources to the best of our knowledge and belief.
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(7)
The proprietary information sought to be withheld in this submittal is i
that which is contained in the attached Nuclear Assurance Corporation submittal.
(8)
This information should be held in confidence because it provides details of cask design and comprehensive material data ' hat were developed at significant expense. This information has substantial commercial value to Nuclear Assurance Corporation in connection with competition with other vendors for contract.
l The subject information could only be duplicated by competitors if they were to invest time and effort equivalent to that invested by Nuclear Assurance Corporation provided they have the requisite talent and experience.
Public disclosure of this information is likely to cause substantial ham to the competitive position of Nuclear Assurance Corporation, because it would simplify design and evaluation tasks without requiring a
commensurate investment of time and effort.
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August 23, 1993 i
IFS /93/132/EDS i
Page 5 i
l PROPRIETARY INFORMATION NOTICE l
TRANSMITTED HEREWITH ARE PROPRIETARY DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR REVIEW AND APPROVAL OF A STORAGF/ TRANSPORT CASK.
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IN ORDER TO CONFORM TO THE REQUIREMENTS OF 10 CFR 2.790 0F THE COMMISSION'S REGULATIONS CONCERNING THE PROTECTION OF PROPRIETARY INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IS PROVIDED AS A SEPARATE i
ATTACHMENT IN AN ENVELOPE AT THE BACK OF THE REPORT.
THE JUSTIFICATION FOR CLAIMING THE INFORMATION DESIGNATED AS PROPRIETARY IS CONTAINED IN THE AFFIDAVIT i
ACCOMPANYING THIS TRANSMITTAL.
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