ML20206R915
| ML20206R915 | |
| Person / Time | |
|---|---|
| Site: | 07200022 |
| Issue date: | 05/14/1999 |
| From: | Soler A AFFILIATION NOT ASSIGNED, HOLTEC INTERNATIONAL |
| To: | |
| Shared Package | |
| ML20206R891 | List: |
| References | |
| ISFSI, NUDOCS 9905210013 | |
| Download: ML20206R915 (5) | |
Text
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v Private Puel Storage State of Utah Contentions AFFIDAVIT PURSUANT TO 10CFR2.790 I, Alan I. Soler, being duly sworn, depose and state as follows:
(1)
I am Executive Vice President of Holtec International and have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2)
The information sought to be withheld is as follows:
a) The demmt entitled " Affidavit ofIndresh Famn=11", dated May 14,1999, and the following exhibits, or portions thereof, attached to the affidavit:
i)
Exhibit 3, Holtee Report No.HI-992134. HI-STORM Thermal Analysisfor PFS RAI, Revision 0, dated February 9,1999.
ii)
Figure 4.4.24 fmm Holtec Report No. HI-951312, Topical Safety Analysis Reportfor the Holtec International Storage and Transfer Operation Reinforced Module Cask System (HI-STORM 100 Cask j
System), Revision 5, dated February 1,1999; included in Exhibit 4.
b) The document entided " Applicant's Amended Proprietary Responses to State's First Requests for Discovery", dated May 14,1999, and the following portion of the attachment to the response:
i)
Figure 4.4.24 from Holtec Report No. HI-951312, Topical Safety Analysis Reportfor the Holtec International Storage and Transfer Operation Reinforced Module Cask System (HI-STORM 100 Cask System), Revision 5, dated February 1,1999.
(3)
In m*ing this application for withholding of proprietary information of which it is the owner, Holtec International relies upon the e-madon from disclosure set forth in the Freedom of Information Act (FOIA"), 5 USC Sec. 552(bX4) and the Trade Secrets Act,18 USC Sec.1905, and NRC regn1* dons 10CFR Part 9.17(a)(4),2.790(a)(4), and 2.790(b)(1) for " trade secrets and commercial or finandal information obtained from a person and privileged or confidential" (Fv% 4). 'Ibe material for which exemption from disclosure is here, sought F
99o521oo13 99o514 PDR ADOCK 07 2
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i Private Fuel Storage State of Utah Contentions AFFIDAVIT PURSUANT TO 10CFR2.790 is all " confidential commercial informadon", and some portions also qualify under the narrower definition of " trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Proiect v. Nuclear Reedarnry Commiccion. 975F2d871 (DC Cir.1992),
and Public Cit 17en Health Research Grouo v. FDA,704F2dl280 (DC Cir.
1983).
(4)
Some examples of categories of information which fit into the definition of proprietary information are:
Information that discloses a process, method, or apparatus, including a.
supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies; b.
Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacmre, shipment, insen11ation, assurance of quality, or licensing of a similar product.
Information which reveals cost or price information, production, c.
car =%es, budget levels, or M-.. scial strategies of Holtec International, its customers, orits suppliers; d.
Information which reveals== pacts of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International; Information which discloses patentable subjevt matter for which it may e.
be desirable to obtain patent potection.
The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a,4.b,4.d, and 4.e, above.
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w Private Fuel Stomge State of Utah Contentions AFFIDAVIT PURSUANT TO 10CFR2.790 (5)
The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec Intemational, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required tranwnittals 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 paragraphs (6) and (7) following.
(6)
Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge.
Access to such documents within Holtec International is limited on a "need to know" basis.
(7)
The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for tachainal content, cumpetitive effect, and determination of the accuracy of the proprietary designation.
Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimata need for the information, and then only in accordanca with appropriate regulatory provisions or proprietary agreements.
(8)
The information cimasi&d as purinary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical apprancham and mat adalogies not available elsewhere. This information would h
provide other parties, including competitors, with information from Holtec International's tarknical database and the results of evaluations performed by 3 of 5
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Private Fuel Storage State of Utah Contentions AFFIDAVIT PURSUANT TO 10CFR2.790 Holtec International. Release of this information would improve a competitor's position without the competitor having to expend similar resources for the development of the database. A substantial effort has been expended by Holtec International to develop this information.
(9)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process.
The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International.
The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources wo Ald unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investmant in developing these very valuable analytical tools.
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Private Fuel storage state of Utah Contentions AFFIDAVIT PURSUANT TO 10CFR2.790 STATE OF NEW JERSEY
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COUNTY OF BURLINGTON )
Dr. Alan I. Soler, being duly sworn, deposes and says That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, information, and belief.
Executed at Marlton, New Jersey, this 14th day of May,1999.
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Dr. Alan I. Soler Holtec International Subscribed and sworn before me this day of b4 1999.
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