ML20195C729
| ML20195C729 | |
| Person / Time | |
|---|---|
| Site: | 07201000 |
| Issue date: | 06/06/1988 |
| From: | Stobbs J NAC INTERNATIONAL INC. (FORMERLY NUCLEAR ASSURANCE |
| To: | Roberts J NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML19292H957 | List: |
| References | |
| REF-PROJ-M-40 JJS-88-37-CORP, NUDOCS 8806220266 | |
| Download: ML20195C729 (5) | |
Text
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Nuclear Assurarv:e Corporation 6251 Crooked Creek Road Suite 200 Norcross. Georga 30092 (404) 4471144 Telex: 6827020 FAX a (404) 4471797
%nbergst:asse 0 8001 Zunch, Swit.terland 1 470844 Telex: 57275 June 6, 1988 JJS/88/37/ Corp Mr. John Roberts Fuel Cycle Safety Branch Division of Fuel Cycle, Medical, Academic and Commercial Use Safety Office of Nuclear Material Safety & Safeguards U. S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, Maryland 20852 APPLICATION FOR VITIUiOIBING PROPRIETARY INFORMATION TROM PUBLIC DISCIDSURE
Reference:
Proj ect No.
M-40:
Safety Analysis Report (Revision 2A) for the NAC Storage / Transport Cask for use at an Independent Spent Fuel Storage Installation.
Dear Mr. Roberts:
The proprietary material for which withholding is being requested by Nuclear Assurance Corporation is of the same type of material previously submitted to the Nuclear Regulatory Commission.
The affidavit, which accom-panies 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 commercial strategic information proprietary to NAC and customarily held in our cc,nfidence.
It is respectfully requested that the enclosed information, which is proprietary to Nuclear Assurance Corporation be withheld from public dis-closure 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, NUCIIAR ASSURANCE CORPORATION t
John bbs Presi e t JJS/tkh Encl e"--
8806220266 000600 PDR PROJ M-40 PDR
Mr. John Robarts June 6, 1988 Page 1 of 3
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AFFIDAVIT STATE OF GEORGIA SS COUNTY OF GWINNETT:
l Before me, the undersigned authority, personally appeared John J. Stobbs, who, being by me duly sworn according to 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 of his knowledge, information, and belief:
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l lohn J. Sec4Q President Nuclear Assurance Corporation Sworn and subscribed before me this A
day of
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, 1988, 1
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Mr. John R:bart:
June 6, 1988 Page 2 of 3 (1)
I am President of Nuclear Assurance Corporation and my responsibilities include reviewing the proprietary information sought to be withheld from public disclosure in ecnnection with the licensing of spent fuel transport cask systems or spo t fuel storage systems.
I am authorized to apply for its withholding on behalf cf Nuclear Assurance Corporation.
(2)
I am making this Affidavit in conformance with the provisions of 10 CFR l
Section 2.790 of the Commission's regulations and in conjunction with Nuclear Assurant t's application for withhol & g accompanying the Affidavit.
l (3)
I have personal knowledge of the criteria and procedures utilized by Nuclear Assurance in designating information as a trade secret, privileged or as confidential or financial information.
(4) The following information is furnished pursuant to the provisions of paragraph 10 CFR 2.790 (b)
(4) to determine whether the information sought to be withheld from public disclosure should be withheld.
l (i)
The information sought to be withheld from public disclosure is 6
owned and has been held in confidence by Nuclear Assurance.
(ii)
The information is of a type customarily held in confidence by Nuclear Assurance, is not customarily disclosed to the public and is transmitted to the Commission in confidence, j
(iii) The information sought to be protected is not available in public sources to the best of our knowledge and belief and the release of i
such information might result in a loss of competitive advantage as follows:
(a)
It reveals the distinguishing aspect of a cask system where l
prevention of its use by any of Nuclear Assurance's com-j petitors without license from Nuclear Assurance constitutes a competitive economic advantage over other companies.
(b)
It consists of supporting data, including test data, relative to a component or material, the application of which secures a competitive economic or technical advantage.
(c)
Its use by a competitor would reduce his expenditure of or improve his competitive position in the design, resources manufacture, shipment, installation, assurance of quality, or licensing a similar product.
l (d)
It contains patentable ideas, for which patent protection may be desirable.
(5) The information 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.
O
Mr. John Robsrts June 6, 1988 Page 3 of 3_
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(6)
The information sought to be protected is not available in public sources to the best of our knowledge and belief.
(7)
The proprietary information sought to be withheld in this submittal is that which'is contained in the attached Nuclear Assurance submittal.
(8)
This information should be held in confidence because it provides details of cask design and comprehensive material data that were developed at
- ignificant. expense.
This information has substr-tial commercial value s
to Nuclear Assurance Corporation in connection with competition with other vendors for contract.
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 ex-perience.
Public disclosure of this information is likely to cause substantial harm to the competir.ive position of Nuclear Assurance Corporation, because it would simplify design and evaluation tasks without requiring a commen-surate investment of time and effort.
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Juna 6~,
1988 O
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-l PROPRIETARY INRMtMATION NOTICE TRANSMITTED HEREWITH ARE PROPRIETARY DOCUMENTS FURNISHED TO THE NRC IN CONNECTION WITH REQUESTS FOR REVIEW AND APPROVAL OF A STORAGE CASK.
IN ORDER TO CONFORM TO THE REQUIREMENTS OF-10 CFR 2.790 0F THE COMMISSION'S REGU1ATIONS CONCERNING. THE PROTECTION OF PROPRIETARY
)
INFORMATION SO SUBMITTED TO THE NRC, THE INFORMATION WHICH IS PROPRIETARY IS CONTAINED WITHIN BRACKETS.
THE JUSTIFICATION FOR CIAIMING THE INFORMATION DESIGNATED AS PROPRIETARY IS CONTAINED IN THE AFFIDAVIT ACCOMPANYING THIS TRANSMITTAL.
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