ML20105A173

Interim Storage Partners, LLC - Affidavits

ML20105A173
Person / Time
Site:	Consolidated Interim Storage Facility
Issue date:	04/06/2020
From:	Carver G, Isakson J Consolidated Interim Storage Facility, NAC International
To:	Division of Fuel Management
Shared Package
ML20105A171	List: ML20105A172 ML20105A173
References
CAC 001028, E-56508, EPID L-2017-NEW-002
Download: ML20105A173 (5)

Text

Enclosure 1 to E-56508 Affidavit Pursuant to 10 CFR 2.390

a. Interim Storage Partners

b. NAC International

AFFIDAVIT PURSUANT TO 10 CFR 2.390 Interim Storage Panners LLC )

State of Maryland ) ss.

CoUlltyofHoward )

I, Iefmy lsabon, depose and say that I am Chief Executive Officer/President, Interim Storage Partnen LLC duly authorized to execute this affidavit, and have reviewed or caused to have reviewed the information that is identified as proprietary and tcfeteoced Jn the J>8nli[lph itnmedjateJy below. I am submitting this affidavit in conformance wilb the provisions of 10 CFR 2.390 of the Commission's regulatiODS for withholding this infonnalion.

The information for which proprietary treatment is sought applies to the following documents listed below:

• Calcula:tion ARBVATNOOI-CALC~l. Revision 2 This document has been appropriately designated as proprietary.

l haw personal know.ledge of the c:riteri, and procedures utilized by Interim Storage Partners LLC in designaling information-as a trade seem, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's rcgulauons, the following is fumished for coasidcnd:ion by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

J) The information sought to be withheld from public disclosure involves information rei.d to the design of the WCS CISF; which are owned and have been held in confidence by Interim Storage Partners LLC.

2) The information i1 of a type customarily held in confidence by Interim Sto~e Partners LLC, and not customarily disclosed to the public. Interim Storage Pannen LLC has a rational basis for detmnining the lypeS of information customarily held in confidence by it.

3) Public disclosure oftbe infimnation is likely to cause substantial harm to the competitive position of Interim St(nge Partner,,,

LLC, because the information consists of descriptions of the design oftbe WCS ClSF and descriptions offbe analys of the WCS ClSF, the application of which provide a competitive economic advantage. The availability of such infoonation to competiton would enable them to modify their product or projea to better compete with 1ntaim Storage Partnm LLC, take marketing or other actiofts to improve their product's or projea's position or impair the position oflntmim Snngc Partnen LLC product or project, and avoid developing sinlllar data in support of their processes, methom or apparatus.

Further the deponent sayeth not.

.l~

Jeffery Isakson ChiefExecbtive Officer/President, Intaim Storage Partners LLC Subscribed and sworn before me this 6* day of April, 2020.

N~~

My Commission Exp.ires .JP..l./JLI J)o B3 RONDA JONES NOTARY PUBLIC MONTGOMERY COUNTY MARYLAND COM ISSION EXPlRES OCT. 16. 2023

"'91 ofl

A NAC INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Corners, 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 of the NRC review of SAR Revision 2 for Interim Storage Partners (ISP)

Centralized Interim Storage Facility (CISF) site-specific license application (NRC Docket No. 72-1050).

• Enclosure 2 of E-56508, Calculation NAC 004-CALC-04, Revision 2 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 CPR Part 9. l 7(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 "wnfidenlial wmmen.:ial 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. .bxctmples ur cctleguries ur i11ru1111atiu11 tlml fit i11to the definition of p10prietary information are;

a. Information thal dit.clot.es a process, method, or apparatus, including suppo1ting 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 Lhal reveals aspects of past, present or future N AC 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.

ED20200051 Page 1 of 3

A NAC INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

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 NRC in confidence.

6. The information sought to be withheld, including that compiled from many sources, is of a s011 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.

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.

ED20200051 Page 2 of 3

I NACINTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

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.

, Corners, Georgia, this (o-4,.J... day of flpu-L 2020.

George Carver Vice President, Engineering and Support Services NAC International Subscribed and sworn before me this (p ~ day of ~ . 2020.

ED20200051 Page 3 of 3