ML20216D661
| ML20216D661 | |
| Person / Time | |
|---|---|
| Site: | Trojan, 07109268, 07201023 |
| Issue date: | 07/23/1999 |
| From: | Redley A External (Affiliation Not Assigned) |
| To: | NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS) |
| References | |
| BFS-NRC-99-067, TAC-L22232, TAC-L22307, NUDOCS 9907300048 | |
| Download: ML20216D661 (17) | |
Text
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71-92G8 72-1023 mn 9BN BNFL Fuel Solutions Corp.
I 1 Victor Square Fuel Solutions Corporation E'yfld^3lll66 Fax: (408)438 5206 July 23,1999 BFS/NRC 99-067 Docket Nos. 71-9268,72-1023,72-17 File Nos. SNC-109, SNC-209, PGE01.00.06.05.12 Director, Omce of Nuclear Material Safety and Safeguards US Nuclear Regulatory Commission Washington, D.C. 20555-0001
Subject:
Summary of Proprietary Submittals for TranStor Part 71 and Part 72 and Trojan
References:
- 1. VPN-068-98," Submittal of Responses to Open issues," dated October 31,1998.
- 2. BFS/NRC 98-022," Responses to NRC Request for Additional Information (RAI-2)
Regarding the TranStor Storage Cask System (TAC No. L22307)," dated November 27,1998.
- 3. BFS/NRC 98-025," Proprietary Drawings," dated December 10,1998.
- 4. BFS/NRC 98-027," Proprietary Design Calculations in Support of the TranStorm Spent Fuel Storage System (TAC No. L22307)," dated December 23,1998.
- 5. BFS/NRC 99-019," Responses to NRC Request for AdditionalInformation Regarding the TranStor Shipping Cask System (TAC No. L22232)," dated February 2,1999.
- 6. BFS/NRC 99-020," Completion of TranStorm Part 72 Open Issues (TAC L22307),"
dated February 25,1999.
- 7. BFS/NRC 99-027 " Revised TranStor Part 71 Impact Limiter Test Plan," dated March 22,1999.
- 8. BFS/NRC 99-029,"PGE Drawings - Failed Fuel Cans," dated March 23,1999.
- 9. BFS/NRC 99-041,"TranStor Part 72 Calculations," dated May 5,1999.
l/
- 10. BFS/NRC 99-063,"TranStor Part 71 Impact Limiter Calculation and Revised Test Plan," dated July 2,1999.
Dear Sir,
The above-referenced submittals contain proprietary information, which BNFL Fuel Solutions (BFS) has requested that the NRC withhold from public disclosure, for the TranStor Part 71, TranStor Part 72, and Trojan Independent Spent Fuel Storage Installation (ISFSI) applications.
The proprietary listings in the affidavits for these submittals have been incorporated into summary affidavits provided in Enclosures 1,2, and 3.
IOf The affidavits in these enclosures identify the proprietary calculations, drawings, and reports for 9907300048 990723 PDR ADOCK 07109268 C
PDR l
u
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Page 2
- l the TranStor Part 71, TranStor Part 72, and Trojan ISFSI applications, respectively. These l
affidavits supersede the affidavits submitted with the referenced letters and define the current l
licensing basis for the three applications.
If there are any questions, please contact Wayne Massie at (831) 438-6444.
Sincerely, Alari Jy.
President & C <0 i
Enclosures cc)
Mr. L. G. Dusek Ms. Marilyn Meigs l
Portland General Electric BNFL Inc.
71760 Columbia River Hwy.
90017* Street NW, Suite 1050 Rainier, OR 97048 Washington, DC 20006-2501 i
.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 i
Mr. John Donnell Stone & Webster 7677 E. Berry Ave.
Englewood, CO 80111-2137 1
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i TRANSTOR PART 71 J
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 1 Page1 AFFIDAVIT IN SUPPORT OF PROPRIETARY INFORMATION CONTAINED IN BNFL FUEL SOLUTIONS DESIGN DOCUMENTATION State of Califomia, County of Santa Cruz I, Alan J. Redley, being duly sworn, depose and state as follows:
(1) I am Vice-President and Chief Operating Officer 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 calculations, drawings, and reports listed below. The proprietary material in these documents is delineated by the proprietary designation on specific pages or within specific sections of the pages.
Calculation Revision Calculation Revision BNFLI.10.06.02 4
BNFLI.10.06.48 2
BNFLI.10.06.03 3
BNFLI.10.06.50 3
BNFLI.10.06.04 4
BNFLI.10.06.52 3
BNFLI.10.06.05 5
BNFLI.10.06.53 3
BNFLI.10.06.06 4
BNFLI.10.06.54 2
BNFLI.10.06.07 6
BNFLI.10.06.60 3
BNFLI.10.06.08 6
BNFLI.10.06.62 1
BNFL1.10.06.12 1
BNFLI.10.06.63 2
BNFLI.10.06.13 3
BNFLI.10.06.64 0
BNFLI.10.06.14 4
BNFLI.10.06.65 1
l BNFLI.10.06.15 3
BNFL1.10.06.66 2
BNFLI.10.06.17 3
BNFLI.10.06.67 0
BNFL1.10.06.21 3
BNFLI.10.06.68 0
BNFLI.10.06.22 2
BNFLI.10.06.69 0
f BNFLI.10.06.24 4
BNFLI.10.06.70 0
BNFLI.10.06.25 0
BNFLI.10.06.72 0
i!NFLI.10.06.30 4
BNFLI.10.06.74 0
l BNFLI.10.06.34 5
BNFLI.10.06 76 0
BNFLI.10.06.35 1
BNFLl.10.06.84 0
BNFLI.10.06.39 3
CCV-1.1.4.1 0
BNFL1.10.06.40 3
PGE1.10.02.02.02 1
BNFL1.10.06.43 2
TSL01.10.06.30 2
BNFLI.10.06.44 2
TSL01.10.06.35 1
BNFLI.10.06.45 1
TSL01.10.06.38 1
BNFLI.10.06.46 2
TSL01.10.06.69 2
BNFLI.10.06.47 1
v I
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 1 P' age 2
- Drawine Revision Drawine Revision CA-001, Sheet 1/3 3
TSB-003, Sheet 2/2 0
CA-001, Sheet 2/3 3
TSB-004, Sheet 1/1 3
CA-001, Sheet 3/3 3
TSB-005, Sheet 1/1 4
CA-002, Sheet 1/1 3
TSB-006, Sheet 1/1 4
{
CA-003, Sheet 1/1 3
TSB-007, Sheet 1/1 4
j CA-004, Sheet 1/1 3
TSB-008, Sheet 1/1 4
CA-005, Sheet 1/1 3
TSB-009, Sheet 1/1 4
CA-006, Sheet 1/1 3
TSB-010, Sheet 1/1 4
CA-007, Sheet 1/1 3
TSB-012, Sheet 1/2 3
CA-008, Sheet 1/1 2
TSB-012, Sheet 2/2 3
CA-009, Sheet 1/1 1
TSP-001, Sheet 2/3 6
CA-010, Sheet 1/1 2
TSP-001, Sheet 3/3 8
CA-011, Sheet 1/1 3
TSP-002, Sheet 1/2 8
CA-012, Sheet 1/2 3
TSP-002, Sheet 2/2 5
CA-012, Sheet 2/2 2
- TSP-003, Sheet 1/2 9
IL-100 Sheet 1/1 0
TSP-003, Sheet 2/2 0
IL-101, Sheet 1/3 0
TSP-004, Sheet 1/1 6
IL-101, Sheet 2/3 0
TSP-005, Sheet 1/1 9
IL-101, Sheet 3/3 0
TSP-006AP, Sheet 1/3 4
IL-102, Sheet 1/1 0
TSP-006AP, Sheet 2/3 2
IL-103, Sheet 1/1 0
TSP-006AP, Sheet 3/3 2
IL-104, Sheet 1/1 0
TSP-006B, Sheet 1/2 5
IL-105, Sheet 1/1 0
TSP-006B, Sheet 2/2 3
IL-106, Sheet 1/1 0
TSP-006C, Sheet 1/2 5
SPA-001, Sheet 1/2 4
TSP-006C, Sheet 2/2 3
SPA-001, Sheet 2/2 4
TSP-007AP, Sheet 1/2 4
TBD-001, Sheet 1/2 1
TSP-007AP, Sheet 2/2 1
4 TBD-001, Sheet 2/2 1
TSP-0078, Sheet 1/1 5
TPD-001, Sheet 1/2 1
TSP-007C, Sheet 1/1 5
TPD-001, Sheet 2/2 1
TSP-008, Sheet 1/1 5
TSB-001, Sheet 2/6 4
TSP-008AP, Sheet 1/1 0
TSB-001, Sheet 3/6 4
TSP-009, Sheet 1/2 4
TSB-001, Sheet 4/6 4
TSP-009, Sheet 2/2 4
TSB-001, Sheet S/6 4
TSP-009AP, Sheet 1/1 2
TSB-001, Sheet 6/6 3
TSP-010AP, Sheet 1/2 4
TSB-002, Sheet 1/2 4
TSP-010AP, Sheet 2/2 2
TSB-002, Sheet 2/2 4
TSP-0108, Sheet 1/2 6
TSB-003, Sheet 1/2 3
TSP-010B, Sheet 2/2 4
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U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 1 Page 3
SAR-71-005, Sheet 1/12 0
SAR-71-001, Sheet 2/2 0
SAR-71-005, Sheet 2/12 0
J SAR-71-002, Sheet 1/6 0
SAR-71-005, Sheet 3/12 0
SAR-71-002, Sheet 2/6 0
SAR-71-005, Sheet 4/12 0
SAR-71-002, Sheet 3/6 0
SAR-71-005, Sheet 5/12 0
SAR 71-002, Sheet 4/6 0
SAR-71-005, Sheet 6/12 0
SAR-71-002, Sheet S/6 0
SAR-71-005, Sheet 7/12 0
)
SAR-71-002, Sheet 6/6 0
SAR-71-005, Shet 8/12 0
J SAR-71-003, Sheet 1/2 0
SAR-71-005 Sheet 9/12 0
SAR-71-003, Sheet 2/2 0
SAR-71-005, Sheet 10/12 0
SAR-71-004, Sheet 1/8 0
SAR-71-005, Sheet 11/12 0
_ SAR-71-004. Sheet 2/8 0
SAR-71-005, Sheet 12/12 0
SAR-71-004, Sheet 3/8 0
SAR-71-009, Sheet 1/2 0
SAR-71-004, Sheet 4/8 0
SAR-71-009, Sheet 2/2 0
SAR-71-004, Sheet 6/8 0
SAR-71-011, Sheet 1/2 0
SAR-71-004, Sheet 7/8 0
SAR-71-011, Sheet 2/2 0
i SAR-71-004 Sheet 8/8 0
Report Revision IL-TP-001 3
SNC-213-03 27 2
(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. G 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 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 Health 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 prevention ofits use by BFS's competitors, without license from BFS, gives BFS a competitive economic advantage.
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 1 Page 4 '
(b) The infonnation, if used by a competitor, would reduce.ne 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.
(c) The information reveals aspects of past, present, or future BFS or customer funded development plans and programs of potential commercial value to BFS.
(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 external release of such a document typically requires review by the project manager, lead technical and management personnel, and by the licensing manager, 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 evaluations of the TranStor Part 71 shipping cask system for which BFS is seeking NRC approval.
(ii)
The development and eventual approval of the designs represented in these documents was achieved at a significant cost to DFS.
(iii)
The integretation and application of analytical results is derived from the extensive experience database that constitutes a major BFS asset.
(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
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 1 P' age 5
- appropriate evaluation process. In addition, the technology base includes the value derived from NRC's eventual 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.
(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 retum on its
{
large investment.
86 AlanKJ.y()
BNFL Fuel Sol 6Tions Swom to before me thish day of CRh 1999.
I i
SilAUN blNAP0U COMM. #1148410 Q
Notary Public-Califomia k
M QN.
_"Y'I!i
TRANSTOR PART 72 1
1 a
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L U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 2 P' age 1 -
AFFIDAVIT IN SUPPORT OF PROPRIETARY INFORMATION CONTAINED IN BNFL FUEL SOLUTIONS DESIGN DOCUMENTATION State of California, County of Santa Cruz 1, Alan J. Redley, being duly sworn, depose and state as follows:
(1) I am Vice-President and Chief Operating Officer of BNFL Fuel Solutions ("BFS") and have been 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 infonnation sought to be withheld is contained in the drawings, calculations, and reports listed below. The proprietary material in these documents is delineated by the proprietary designation on specific pages or within specific sections of the pages.
Calculation Revision Calculation Revision BNFL1.10.06.07 6
TSL01.10.06.02 1
BNFLI.10.06.08 5
TSL01.10.06.l l 2
BNFLI.10.06.14 4
TSL01.10.06.12 2
BNFLI.10.06.15 3
TSL01.10.06.14 0
BNFLI.10.06.18 1
TSL01.10.06.15 0
BNFLI.10.06.21 2
TSL01.10.06.30 2
BNFLI.10.06.22 1
TSL01.10.06.31 3
BNFLI.10.06.34 3
TSL01.10.06.32 1
_ BNFLI.10.06.35 1
TSL01.10.06.33 1
BNFLI.10.06.43 1
TSL01.10.06.34 1
i BNFLI.10.06.45 1
TSL01.10.06.35 1
BNFLI.10.06.46 1
TSL01.10.06.36 1
BNFLI.10.06.47 0
TSL01.10.06.38 0
BNFLI.10.06.48 1
TSL01.10.06.62 0
BNFL1.10.06.50 2
TSL01.10.06.63 1
BNFLI.10.06.53 2
TSL01.10.06.67 2
BNFLI.10.06.64 0
TSL01.10.06.68 1
BNFL1.10.06.66 2
TSL01.10.06.69 2
BNFLI.10.06.67 0
TSL01.10.06.70 1
BNFLI.10.06.72 0
TSL01.10.06.71 0
BNFLI.10.06.73 0
TSL01.10.06.72 0
CCV-1.1.4.1 0
TSL01.10.06.73 0
PGE01-10.02.02-02 1
l U.S. Nuclear Regulatory Commission BFS/NRC 99-%7 Enclosure 2 Fage 2 '
Drawine Revision Drawine Revision TBD-001 Sheet 1/2 1
TSP-002 Sheet 2/2 5
TBD-001 Sheet 2/2 1
TSP-003 Sheet 1/2 9
TPD-001 Sheet 1/2 1
TSP-003 Sheet 2/2 0
TPD-001 Sheet 2/2 1
TSP-004 Sheet 1/1 6
TSB-001 Sheet 2/6 4
TSP-005 Sheet 1/1 9
TSB-001 Sheet 3/6 -
4 TSP-006AP Sheet 1/3 4
TSB-001 Sheet 4/6 4
TSP-006AP Sheet 2/3 2
TSB-001 Sheet 5/6 4
TSP-006AP Sheet 3/3 2
TSB-001 Sheet 6/6 3
TSP-006B Sheet 1/2 5
TSB-002 Sheet 1/2 4
TSP-006B Sheet 2/2 3
TSB-002 Sheet 2/2 4
TSP-006C Sheet 1/2 5
TSB-003 Sheet 1/2 3
TSP-006C Sheet 2/2 3
TSB-003 Sheet 2/2 0
TSP-007AP Sheet 1/2 4
TSB-004 Sheet 1/1 3
TSP-007AP Sheet 2/2 1
TSB-005 Sheet 1/1 4
TSP-007B, Sheet 1/1 5
TSB-006 Sheet 1/1 4
TSP-007C, Sheet 1/1 5
TSB-007 Sheet 1/1 4
TSP-008 Sheet 1/1 5
TSB-008 Sheet 1/1 4
TSP-008AP Sheet 1/1 1
TSB-009 Sheet 1/1 4
TSP-009 Sheet 1/2 TSB-010 Sheet 1/1 4
TSP-009 Sheet 2/2 4
TSB-012 Sheet 1/2 3
TSP-009AP Sheet 1/1 2
TSB-012 Sheet 2/2 3
TSP-010AP Sheet 1/2 4
TSP-001 Sheet 2/3 6
TSP-010AP Sheet 2/2 2
TSP-001 Sheet 3/3 8
TSP-010B Sheet 1/2 6
TSP-002 Sheet 1/2 8
TSP-010B Sheet 2/2 4
Report Revision American Drill Bushing no revision Modified lioist Ring Pull identified Test ANAMET Test Report, Lab.
1 No. 5003.001 ANAMET Test Report, Lab.
no revision No. 5003.364 identified ANAMET Test Report, Lab.
no revision No. 5003.364A identified SNC-213-03-27 2
i (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. Q 552(b)(4), and the Trade Secrets Act,18 U.S.C. f 1905, and NRC regulations 10 C.F.R. (( 9.17(a)(4),2.790(a)(4), and 2.790(d)(1) for " trade
g 3
i U.S. Nuclear Regulatory Commission BFS/NRC 99-%7 Enclosure 2
' P' age 3
- 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 Eneruv Project v. NRC,975 F.2d 871 (D.C. Cir.1992), cert. denied,507 U.S. 984 (1993); Public Citizen Health 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 prevention ofits 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.
(c) The information reveals aspects of past, present, or future BFS or customer funded development plans and programs of potential commercial value to BFS.
(d) The informatior 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 external release of such a document typically requires review by the project manager, lead technical and management personnel, and by the licensing manager, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside BFS are limited to regulatory bodies, customers, L 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:
)
1 (i)
It contains detailed results of analytical models, computer codes, methods and processes, in which BFS has a proprietary interest and has applied to evaluations l
)
1
U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 2 P' age 4 '
of the TranStor Part 72 storage cask system for which BFS is seeking NRC approval.
(ii)
The development and eventual approval of the designs represented in these documents was achieved at a significant cost to BFS.
(iii)
The interpretation and application of analytical results is derived from the
)
extensive experience database that constitutes a major BFS asset.
(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 hvelopment of the expertise to determine and apply
(
appropriate evaluation pro ess. In addition, the technology base includes the value derived from NRC's eventual 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.
(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.
(
Alan J. W(
BNFL ruel SoKions Sworn to before me thisM day of CLL 1999.
chBh.maco
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Notary Public, stale'of CAlifomia i
Notary Pubhochtomia Santa Cruz County My Comm. Exp. July 25.2001 9l
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l TROJAN ISFSI t
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U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 3
' Pagd1 AFFIDAVIT IN SUPPORT OF PROPRIETARY INFORMATION CONTAINED IN BNFL FUEL SOLUTIONS DESIGN DOCUMENTATION I
State of California, County of Santa Cruz I, Alan J. Redley, being duly sworn, depose and state as follows:
(1) I am Vice-President and Chief Operating Officer of BNFL Fuel Solutions ("BFS")
and have been 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 calculations, drawings, and report listed below. The proprietary material in these documents is delineated by the proprietary designation on specific pages or within specific sections of the pages.
Calculation Revision PGE01-10.02.01-05 4
PGE01-10.02.03-16 7
PGE01-10.02.04-02 7
PGE01-10.02.04-03 7
PGE01-10.02.04-05 8
Drawine Revision Drawing Revision PFFC-001, Sheet 1 of 1 6
TSP-006B Sheet 2/2 2
PFFC-002, Sheet 1 of 2 5
TSP-006C Sheet 1/2 4
PFFC-002, Sheet 2 of 2 5
TSP-006C Sheet 2/2 2
TSB-007A, Sheet 1/1 4
TSP-007AP Sheet 1/2 3
TSB-007B, Sheet 1/1 4
TSP-007AP Sheet 2/2 0
TSB-007C, Sheet 1/1 4
TSP-008 Sheet 1/1 4
TSP-001 Sheet 3/3 7
TSP-009 Sheet 1/3 3
TSP-002 Sheet 1/2 7
TSP-009 Sheet 2/3 3
TSP-002 Sheet 2/2 4
TSP-009 Sheet 3/3 3
TSP-003 Sheet 1/1 8
TSP-009AP Sheet 1/2 1
TSP-004 Sheet 1/1 5
TSP-009AP Sheet 2/2 1
TSP-006A Sheet 1/2 4
TSP-010A Sheet 2/2 3
TSP-005 Sheet 1/1 8
TSP-010A Sheet 1/2 5
TSP-006A Sheet 2/2 2
TSP-010AP Sheet 1/2 3
TSP-006AP Sheet 1/3 3
TSP-010AP Sheet 2/2 1
TSP-006AP Sheet 2/3 1
TSP-010B Sheet 1/2 5
TSP-006AP Sheet 3/3 1
TSP-010B Sheet 2/2 3
TSP-006B Sheet 1/2 4
Report Revision SOC-R6001-030-005-0798 no revision identified I
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- U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 3 Pagc 2 (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. Q 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 l
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 Eneruv Project v. NRC,975 F.2d 871 (D.C. Cir.1992), cert.
denied,507 U.S. 984 (1993); Public Citizer Health Research Groun 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 mare of the following category types:
l (a) The information reveals the distinguishing aspects of components, and the prevention ofits 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.
(c) The information reveals aspects of past, present, or future BFS or customer funded development plans and programs of potential commercial value to BFS.
(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 custom'arily held in confidence by BFS, and is in fact so held.
l The infomiation 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, parsuant to regulatory provisions or proprietary agreements that provide for maintenance of the information in confidence.
i (6) The procedure for approval of external release of such a document typically requires review by the project n 2 nager, lead technical and management personnel, and by the licensing manager, for technical content, competitive effect, and determination of the
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U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 3
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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 evaluations of the Trojan ISFSI storage cask system for which PGE has received NRC approval.
(ii)
The development and eventual approval of the designs represented in these documents was achieved at a significant cost to BFS.
(iii)
The interpretation and application of analytical results is derived from the extensive experience database that constitutes a major BFS asset.
(iv)
Public disclosure of the information sought to be withheld is likely to cause substantial hann to BFS's competitive position and foreclose or
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reduce the availability of profit-making opportunities. The information is i
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 eventual 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 nonnalize 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.
(vii)
The value of this information to BFS would be lost if the information were disclosed to the public. Making such infonnation 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 retum on its large investment.
r-U.S. Nuclear Regulatory Commission BFS/NRC 99-067 Enclosure 3 Page 4 a
Alan'J. RJe oy '
BNFLfuel Solutions
. Sworn to before me thise03 dayof 3tL6 1999.
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.ym' Ol1 I
-j AU D)j Notary Public, State' of California j9 Notary Pubilmfomia Santa Cruz County sa My Comm.Exp. July 25,2001 [
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