ML20209F784
| ML20209F784 | |
| Person / Time | |
|---|---|
| Site: | 07109268 |
| Issue date: | 07/02/1999 |
| From: | Fuller E External (Affiliation Not Assigned) |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| Shared Package | |
| ML20137X223 | List: |
| References | |
| BFS-NRC-99-063, BFS-NRC-99-63, NUDOCS 9907160126 | |
| Download: ML20209F784 (11) | |
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BNFL Fuel Solutions Corporation 1 Victor Square Scupe 9llse y9 Fuel Solutions Fax: (831)438-5206 July 2,1999 BFS/NRC 99-063 Docket No. 71-9268 File No. SNC-109 Director, Office ofNuclear Material Safety and Safeguards US Nucle tr Regulatory Commission Washington, D.C. 20555-0001
Subject:
TranStor Pan 71 Impact Limiter Calculation and Revised Test Plan
Reference:
SNC Letter dated October 15,1997, SNC-97-102, Impact Limiter Test Plan l
Dear Sir,
In a meeting with the NRC on July 24,1999, BNFL Fuel Solutions (BFS) discussed its design philosophy and approach to validating the analytical model used in the design and analysis of the TranStor impact limiter. Also discussed were BFS's plans to perform two additional dynamic drop tests of the impact limiter and the corresponding analytical predictions. Enclosed are Revision 3 of the TranStorm Impact Limiter Test Plan and Calculation BNFL 1.10.06.84, which documents the predicted accelerations, crush depths and durations for the drop tests.
I Revision 0 of the TranStorm Impact Limiter Test Plan was submitted as proprietary in the referenced letter. The NRC agreed and withheld the complete test plan from public disclosure as stated in its letter dated December 5,1997. Since that time, BFS has minimize the information j
that is labeled as proprietary. Although BFS has concluded that the enclosed test plan and calculation do contain information that is commercially sensitive and, as such, is held in j
confidence, a portion of the test plan and calculation can be made available for public disclosure.
j Enclosed are the affidavit documenting the proprietary basis for the enclosed test plan and calculation, as well as proprietary and redacted /non-proprietary versions of each.
If any questions, please contact Wayne Massie at (831) 438-6444.
/!
Sincerely, E. D. Fuller President & CEO 9907160126 990702 MI OW(
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U.S. Nuclear Regulatory Commission BFS/NRC 98-063 Page 2 -
- Enclosure eb)
Mr. L. G. Dusek Ms. Marilyn Meigs Portland General Electric BNFL Inc.
th 71760 Columbia River Hwy.
90017 Street NW, Suite 1050 Rainier, OR 97048 Washington, DC 20006-2501 Mr. Dan Gildow Mr. Max DeLong Portland General Electric Project Engineer 71760 Columbia River Hwy.
. Private Fuel Storage, LLC Rainier, OR 97048 c/o NSP,512 Nicollet Mall Minneapolis, MN 55401 Mr. John Donnell I
Stone & Webster 7677 E. Berry Ave.
Englewood, CO 80111-2137 I
t I-l L
ENCLOSURE 1 AFFIDAVIT for TranStor" Impact Limiter Test Plan l
US Nuclear Regulatory Commission BFS/NRC 99-063, Page 1 i
TranStor Part 71 Shipping Cask System i
AFFIDAVIT IN SUPPORT OF PROPRIETARY INFORMATION CONTAINED IN BNFL FUEL SOLUTIONS TEST PLAN State of Califomia, County of Santa Cruz I, Wayne A. Massie, being duly swom, depose and state as follows:
(1) I am the Licensing Manager of BNFL Fuel Solutions ("BFS") and have been delegated the function of reviewing the information described in paragraph (2), which is sought to be withheld, and have been authorized to apply for its withholding.
(2) The information sought to be withheld is contained in the test plan listed below. The proprietary material in these documents is delineated by proprietary designation on specific pages or within specific sections of the pages.
IL-TP-001, Revision 3 (3) In making this application for withholding of proprietary information of which it is the owner, BFS relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),5 U.S.C. @ 552(b)(4), and the Trade Secrets Act,18 U.S.C.
1905, and NRC regulations 10 C.F.R. 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential."(" Exemption 4"). The material for which exemption from disclosure is here sought is all " confidential commercial information," and some portions also qualify under the narrower definition of" trade secrtt," within the meanings assigned to those terms for purposes of FOIA Exemption 4. See Critical Mass Energy Project v. NRC,975 F.2d 871 (D.C. Cir.
1992), cert. denied,507 U.S. 984 (1993); Public Citizen Heath Research Group v.
FDA,704 F.2d 1280 (D.C. Cir.1983).
(4) Information that is held in confidence, meaning if the information is released, it might result in the loss of an existing or potential competitive advantage, falls into one or more of the following category types:
i (a) The information reveals the distinguishing aspects of components and the supporting evaluation processes and test methodologies, and the prevention of its use by BFS's competitors, without license from BFS, gives BFS a competitive economic advantage.
(b) The information, if used by a competitor, would reduce the competitor's expenditure of resources or improve the competitor's advantage in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
r.
US Nuclear Regulatory Commission I
BFS/NRC 99-063, Page 2
)
(c) The information reveals aspects of past, present, or future BFS or customer funded development plans and programs of potential commercial value to 3FS.
(d) The information contains patentable ideas, for which patent protection may be desirable.
(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by BFS, 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 BFS, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any
. required transmittals to NRC, have been made, or must be made, pursuant to regulatory provisions or proprietary agreements that provide for maintenance of the information in confidence.
(6) The procedure for approval of extemal release of such a document typically requires review by the project manager, lead technical or management personnel, and by the licensing director, for technical content, competitive effect, and determination of the
. accuracy of the proprietary designation. Disclosures outside BFS are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in
- accordance with appropriate regulatory provisions or proprietary agreements.
_ (7) The information identified in paragraph (2) is classified as proprietary because:
(i)'
It contains detailed results of analytical models, computer codes, methods and processes, in which BFS has a proprietary interest and has applied to the evaluations of the TranStor shipping cask system for which BFS is seeking NRC approval.
1 (ii)
The development and eventual approval of designs and evaluation methodologies used in the test plan were achieved at a significant cost to BFS.
(iii)
The evaluation process and/or the test methodology along with the interpretation and application of the analytical results are derived from the extensive experience database that constitutes a major BFS asset.
Individual equations or numerical values contained in the listed test plan may be available in the public domain. However, the request to withhold the listed test plan is not based on an individual equation or numerical value, but is based on the application of BFS's methodology using the equation or numerical value as it is integrated within the design test plan
. and taken as a whole.
US Nuclear Regulatory Commission BFS/NRC 99-063, Page 3 (iv)
Public disclosure of the information sought to be withheld is likely to cause substantial harm to BFS's competitive position and foreclose or j
reduce the availability of profit-making opportunities. The information is part of BFS's technology base and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the analytical methodology and includes development of the expertise to determine and apply appropriate evaluation process. In addition, the technology base includes the value derived from NRC's approval of the specific cask design.
(v)
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by BFS.
(vi)
BFS's competitive advantage will be lost ifits competitors are able to use the results of the BFS 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.
{
i (vii)
The value of this information to BFS 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 would unfairly provide competitors with a windfall, and deprive BFS of the opportunity to exercise its competitive advantage to seek an
)
adequate return on its large investment.
we Wafn'e A. hfassie BNFL Fuel Solutions J
Swom to before me this _
day of r 1999.
!/
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ali as hfotary Pub State of Califomia ROSEMARY VUKlCH l g 9 = T M. - - j Comm.1163264 1
1 l
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ENCLOSURE 2 AFFIDAVIT for Calculation BNFL 1.10.06.84
)
)
i l
l US Nuclear Regulatory Commission BFS/NRC 99-063, Page 1 TranStor Part 71 Shipping Cask System AFFIDAVIT IN SUPPORT OF PROPRIETARY INFORMATION CONTAINED IN BNFL FUEL SOLUTIONS CALCULATION State of California, County of Santa Cruz I, Wayne A. Massie, being duly swom, depose and state as follows:
(1)
I am the Licensing Manager of BNFL Fuel Solutions ("BFS") and have been delegated the function of reviewing the information described in paragraph (2),
which is sought to be withheld, and have been authorized to apply for its withholding.
(2)
The information sought to be withheld is contained in the calculation listed below.
The proprietary material in these documents is delineated by proprietary designation on specific pages or within specific sections of the pages.
BNFL 1.10.06.84, Revision 0 (3) In making this application for withholding of proprietary information of which it is the owner, BFS relies upon the exemption from disclosure set forth in the Freedom of Information Act ("FOIA"),5 U.S.C. @ 552(b)(4), and the Trade Secrets Act,18 U.S.C. Q 1905, and NRC regulations 10 C.F.R. Q@ 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade secrets and commercial or financial information obtained from a person and privileged or confidential."(" Exemption 4"). The material for which exemption from disclosure is here sought is all " confidential commercial information," 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. See Critical Mass Energy Project v. NRC,975 F.2d 871 (D.C. Cir.1992), cert.
denied,507 U.S. 984 (1993); Public Citizen Heath Research Group v. FDA,704 F.2d 1280 (D.C. Cir.1983).
(4) Information that is held in confidence, meaning if the information is released, it might result in the loss of an existing or potential competitive advantage, falls into one or more of the following category types:
(a) The information reveals the distinguishing aspects of components and the supporting evaluation processes and test methodologies, and the prevention of its use by BFS's competitors, without license from BFS, gives BFS a competitive economic advantage.
(b) The information, if used by a competitor, would reduce the competitor's expenditure of resources or improve the competitor's advantage in the design, i
7 l
US Nuclear Regulatory Commission
' BFS/NRC 99-063 L
- Enclosure 2, Page 2 1
manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- (c) The information reveals aspects of past, present, or future BFS or customer funded development plans and programs of potential commercial value to BFS.
l (d) The infomiation contains patentable ideas, for which patent protection may be desirable.
(5) The information sought to be withheld is being submitted to NRC in confidence. The information is of a sort customarily held in confidence by BFS, and is in fact so held.-
The information sought to be withheld has to the best of my knowledge and belief, j
consistently been held in confidence by BFS, no public disclosure has been made, and it is not available in public sources. All disclosures to third parties including any i
required transmittals to NRC, have been made, or must be made, pursuant to L
regulatory provisions or proprietary agreements that provide for maintenance of the l
information'in confidence.
(6) The procedure for approval of external release of such a document typically requires review by the project manager, lead technical or management personnel, and by the licensing director, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside BFS are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then on!y in accordance with appropriate regulatory provisions or proprietary agreements.
l (7) The information identified in paragraph (2) is classified as proprietary because.
1 (i)-
It contains detailed results of analytical models, computer codes, methods j
and processes, in which BFS has a proprietary interest and has applied to j
the evaluations of the VSC-24 storage cask system for which BFS is l:
"C approval.
.e des opment and eventual approval of designs and evaluation j
methodologies used in the calculation were achieved at a significant cost to BFS.
(iii)
The evaluation process and/or the test methodology along with the interpretation and application of the analytical results are derived from the extensive experience database that constitutes a major BFS asset.
L Individual equations or numerical values contained in the listed l
calculation may be available in the public domain. However, the request to withhold the listed calculation is not based on an individual equation or numerical value, but is based on the application of BFS's methodology j
i i
I l
US Nuclear Regulatory Commission r
l BFS/NRC 99-063
(, Page 3 using the equation and numerical value as it is integrated within the design calculation and taken as a whole.
(
(iv)_
Public disclosure of the information sought to be withheld is likely to cause substantial harm to BFS's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of BFS's technology base and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the analytical methodology and includes development of the expertise to determine and apply appropriate evaluation process. In addition, the technology base includes the value derived from NRC's approval of the specific cask design.
(v)
The research, development, engineering, analytical and NRC review costs comprise a substantial investment of time and money by BFS.
(vi)
BFS's competitive advantage will be lost ifits competitors are able to use the results of the BFS experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating i
that they can arrive at the same or similar conclusions.
(vii)
The value of this information to BFS 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 would unfairly provide competitors with a windfall, and deprive BFS of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment.
i T
w WayniA. Massie BNFL Fuel Solutions Sworn to before me this day of M 1999.
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ENCLOSURE 5 Redacted /Non-Proprietary Version of TranStor Impact Limiter Test Plan 1