ML20108F317

Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for Amendment No. 9 to the Certificate of Compliance No. 1031 for the NAC International Magnastor Cask System

ML20108F317
Person / Time
Site:	07201031
Issue date:	04/09/2020
From:	Fowler W NAC International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
Shared Package
ML20108F319	List: ML20108F304 ML20108F309 ML20108F317
References
TAC L24757
Download: ML20108F317 (5)

Text

Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com April 9, 2020 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of Responses to the U.S. Nuclear Regulatory Commission Request for Additional Information for Amendment No. 9 to the Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System Docket No. 72-1031

References:

1. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 7, March 24, 2019

2. MAGNASTOR Cask System Final Safety Analysis Report (FSAR),

Revision 10, NAC International, February 2019

3. ED20190099, Submission of a Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System, October 9, 2019

4. Application for Amendment No. 9 to The Model No. MAGNASTOR Storage Cask - Request for Additional Information, March 27, 2020 NAC International (NAC) hereby submits responses to the NRC's Request for Additional Information (Reference 4). Those responses can be found in Enclosure 1 of this letter. While Appendix Bis being provided in its entirety, herein, to better facilitate the review process, only CoC Technical Specification, Appendix B pages B2-3, B2-5, B2-10 and B2-15 have been revised as part of NAC' s responses to RAI 13-1.

In addition, NAC is providing the supporting proprietary calculation for the response to RAI 5-1.

Enclosed in this submittal package are the RAI responses (Enclosure 1), the proposed Technical Specifications for Appendix B (Enclosure 2), and NAC proprietary calculation 30076-5002, Rev.

2 (Enclosure 3). This submittal includes one proprietary and non-proprietary version of this submittal package. Attached to this letter is a signed affidavit requesting all proprietary information be withheld from public disclosure via 10 CFR 2.390. In accordance with NAC's administrative practices, upon final acceptance of this application, the 19B changed pages (Reference 3) will be reformatted and incorporated into the next revision of the MAGNASTOR FSAR. NAC is requesting an effective date for this amendment to be prior to March 2021.

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U.S. Nuclear Regulatory Commission April 9, 2020 Page 2 of 2 If you have any comments or questions, please contact me on my direct line at 678-328-1236.

Sincer7~/

Wren Fowler Director, Licensing Engineering

Enclosures:

- RAI Responses for MAGNASTOR, Amendment 9 - Proposed Changes for MAGNASTOR Technical Specifications, Amendment 9 - Supporting Calculations for MAGNASTOR FSAR, Amendment 9 ED20200050

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NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Comers, 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 to support the technical review of NAC' s Request for a Certificate of Compliance (CoC)

(No. 1031) for the NAC International MAGNASTOR Cask System.

• Enclosure 3 - Supporting Calculations for MAGNASTOR Technical Specifications, Amd. 9 o 30076-5002, Rev. 2 NAC is the owner of the information contained in the above documents. Thus, all of the above identified information is considered 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 NRC in confidence.

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NACINTERNATIONAL 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.

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NACINTERNATIONAL 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.

e Comers, Georgia, t h i s ~ day of ~ (<J. ,2020.

George Carver Vice President, Engineering and Support Services NAC International Subscribed and sworn before me this q day of____,l_....A~oc"-L-1..,.q_l_ _ _ , 2020.

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