ML20207L171

Informs of Staff Determination That Supporting Calculations & Drawings Contained in Rev 2 of Sar, Should Be Withheld from Public Disclosure,Per 10CFR2.790

ML20207L171
Person / Time
Site:	Rancho Seco, 07200011
Issue date:	03/10/1999
From:	Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Grenier R External (Affiliation Not Assigned)
References
TAC-L10017, NUDOCS 9903180017
Download: ML20207L171 (3)

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March 10, 1999 Mr. Robert M. Grenier President and Chief Operating Officer Transnuclear West Inc.

39300 Civic Center Drive, Suite 280 Fremont, CA 94538 2324

SUBJECT:

PUBLIC DISCLOSURE DETERMINATION, SACRAMENTO MUNICIPAL UTILITY DISTRICT APPLICATION FOR LICENSE FOR AN INDEPENDENT SPENT FUEL STORAGE INSTALLATION AT RANCHO SECO (TAC NO. L10017)

Dear Mr. Grenier:

On January 28,1999, the Sacramento Municipal Utility District (SMUD) submitted Revision 2 to the Rancho Seco independent Spent Fuel Storage Installation (ISFSI) Safety Analysis Report (SAR). This revised SAR was submitted in support of SMUD's application for a Part 72 license for the ISFSI, originally submitted on October 4,1991. Transnuclear West Inc. (TN West) is the prime contractor for the design and fabrication of the dry cask storage system to be used at Rancho Seco, which incorporates features of the Standardized NUHOMS@-24P and the -

NUHOMS@ MP187 Transportation Package. Revision 2 of the SAR contains supporting i

calculations and drawings that TN West has determi7ed are proprietary in nature, r"acaed to l

Revision 2 to the Rancho Seco ISFSI SAR was en affidavit executed by you, and dated O

January 26,1999, requesting that Volume IV of that submittal be withheld from public disclosure pursuant to 10 CFR 2.790. Volume IV of SMUD's January 28,1999, submittal contains the subject proprietary calculations and drawings.

Your affidavit states that the document should be withheld from public disclosure for the following reasons:

(1)

The information sought to be withheld from public disclosure consists of licensing drawings and calculations of a concrete modular storage and transriortation system which is owned and has been held in confidence by TN West.

(2)

The information is of a type customarily held in confidence by TN West and not customarily disclosed to the public.

(3)

The information is being transmitted to the U.S. Nuclear Regulatory Commission (NRC) in confidence under the provisions of 10 CFR 2.790 with the understanding that it is to be received in confidence.

(4)

The information, to the best of your knowledge, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or proprietary agreements which provide for maintenance of the information in confidence.

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March 10, 1999 R. Granier (5)

Public disclosure of this information is likely to cause substantial harm to TN West's competitive position because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.

On the basis of our review of the January 28,1999, SMUD submittal and your affidavit, and in j

light of the requirements of 10 CFR 2.790, we have determined that the above listed documents designated as containing proprietary material should be withheld from public disclosure pursuant to 10 CFR 2.790.

It is the policy of NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arisea, we may send copies of this informatica to our consultants working in this area.

We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

l If the basis for withholding this information from public disclosure should change in the future, such that the information could then be made available for public inspection, you should promptly notify NRC. Please be advised that NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your withheld information. In all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, (Original Signed by:)

E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No.: 72-11 cc: S. Redeker, SMUD Distribution:

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R. Grenier (5)

Public disclosure of this information is likely to cause substantial harm to TN West's competitive position because it would simplify design and evaluation tasks without requiring a commensurate investment of time and effort.

On the basis of our review of the January 28,1999, SMUD submittal and your affidavit, and in light of the requirements of 10 CFR 2.790, we have determined that the above listed documents designated as containing proprietary material should be withheld from public disclosure pursuant to 10 CFR 2.790.

It is the policy of NRC to achieve an effective balance between legitimate concerns for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. If the need arises, we may send copies of this information to our consultants working in this area.

We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

If the basis for withholding this information from public disclosure should change in the future, such that the information could then be made available for public inspection, you should promptly notify NRC. Please be advised that NRC may have cause to review this determination in the future, for example,if the scope of a Freedom of Information Act request includes your withhold information in all review situations, if NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

Sincerely, (th /k M*

E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket No.: 72-11 cc: S. Redeker, SMUD C