ML20217M885

Informs of Staff Determination That Listed Calculations Should Be Withheld from Public Disclosure,Per 10CFR2.790, as Requested in 990909 Affidavit

ML20217M885
Person / Time
Site:	Rancho Seco, 07200011
Issue date:	10/08/1999
From:	Brach E NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Grenier R TRANSNUCLEAR, INC.
References
TAC-L10017, NUDOCS 9910280071
Download: ML20217M885 (2)

Text

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,. k UNITED STATES 4o j NUCLEAR REGULATORY COMMISSION WASHINGTON. D.C, ma aani .

• • • • • October 8,1999 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 September 8,1999, the Sacramento Municipal Utility District (SMUD) submitted its response to the Nuclear Regulatory Commission (NRC) staffs request for additional information (RAI),

dated July'21,1999, regarding the application for a license to operate an independent Spent Fuel Storage Installation (ISFSI) at the Rancho Seco site. Transnuc!sar 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. SMUD's September 8,1999, letter contains supporting calculations that TN West has determined are proprietary in nature. Attached to SMUD's September 8,1999, letter was an affidavit executed by you, dated September 9,1999, requesting that certain specific calculations provided in that submittal be withheld from public disclosure pursuant to 10 CFR 2.790. The specific TN West calculations that you have identified as proprietary are as follows: .

2069.0402, Revision 1 2069.0453, Revision 4 1k - '

h 2069.0507, Revision 0 NUH005.0450, Revision 0 Your affidavit states that these calculations should be withheld from public disclosure for the  !

following reasons:  !

1 (1). The information sought to as withheld from public disclosure consists of defgn l calculations for the NUHOMS@ cask, part of a concrete modular storage and i transportation system, which is owned and has been held in confidence by TN West. 73 l (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 NRC in confidence under the provisions of 10  ;

CFR 2.790 with the understanding that it is to be received in confidence.  :

l 4 N

9910200071 991008 PDR ADOCK 05000312 Y PDR 23

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l. .r l R. Grenier  !

l-(4) The information, to the best of your knowledge, is not auilable 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.

l (5) Public disclosure of this information is likely to cause substantial harm to TN West's i

competitive position because it would simplify design and evaluation tasks without requidng a commensurate investment of time and effort.

On the basis of our review of the September 8,1999, 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 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 /s/ 0 Susan F. Shankman for E. William Brach, Director Spent Fuel Project Office Office of Nuclear Material Safety ,

and Safeguards j Docket No.: 72-11 1'

cc: S. Redeker, SMUD Distribution: dg Docket NRC File Center PUBLIC NMSS r/f SFPO r/f g/g I

SFPO Electronic Available on Dist: EJLeeds PEng I

EEaston MHodges SMirsky, SAIC NJensen, OGC j OFC SFPO C SFPO Cr OGC_ f SFPO SFPp)A / SFfh /

NAME JRHall VLT e MPSip ien CRC [@de/ SS n n E DATE ' /M/99 $ /)3'99 1 / /99 i /hi39 /& h9 /0/ [/99 C = Cover E = Cover & Enclosure N = No copy J

OFFICIAL RECORD COPY G:SMUD\2790_rairesp.WPD l

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