ML20261H422

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WCS CISF - Affidavit
ML20261H422
Person / Time
Site: Consolidated Interim Storage Facility
Issue date: 09/02/2020
From: Carver G, Isakson J, Narayanan P
Consolidated Interim Storage Facility, NAC International, TN Americas LLC
To:
Division of Fuel Management
Shared Package
ML20261H419 List:
References
E-57342
Download: ML20261H422 (6)
v • d • e


Text

Enclosure 1 to E-57342 Affidavit Pursuant to 10 CFR 2.390

a. Interim Storage Partners
b. TN Americas
c. NAC International

AFFIDAVIT PURSUANT TO 10 CFR 2.390 Interim Storage Partners LLC )

State of Maryland ) ss.

County of Howard )

I, Jeffery Isakson, depose and say that I am Chief Executive Officer/President, Interim Storage Partners LLC duly authorized to execute this affidavit, and have reviewed or caused to have reviewed the information that is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of IO CFR 2.390 of the Commission's regulations for withholding this information.

The information for which proprietary treatment is sought applies to the following documents listed below:

  • WCS CISF Safety Analysis Report, Revision 4 pages clearly marked as containing proprietary information o Chapter 2, "Site Characteristics" o Attachment D to Chapter 2 "Site-Specific Seismic Hazard Evaluation And Development Of Seismic Design Ground Motions" in its entirety.

o Chapter 7, "Installation Design and Structural Evaluation" This document has been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by Interim Storage Partners LLC in designating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

I) The information sought to be withheld from public disclosure involves information related to the design of the WCS CISF, which are owned and have been held in confidence by Interim Storage Partners LLC.

2) The information is of a type customarily held in confidence by Interim Storage Partners LLC, and not customarily disclosed to the public. Interim Storage Partners LLC has a rational basis for determining the types of information customarily held in confidence by it.
3) Public disclosure ofthe information is likely to cause substantial harm to the competitive position of Interim Storage Partners LLC, because the information consists of descriptions of the design of the WCS CISF and descriptions of the analysis of the WCS CISF, the application of which provide a competitive economic advantage. The availability of such information to competitors would enable them to modify their product or project to better compete with Interim Storage Partners LLC, take marketing or other actions to improve their product's or project's position or impair the position of Interim Storage Partners LLC product or project, and avoid developing similar data in support of their processes, methods or apparatus.

Further the deponent sayeth not.

Jeffery Isakson Chief Executive Officer/President, Interim Storage Partners LLC Subscribed and sworn before me this 21 th day of August, 2020.

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AFFIDAVIT PURSUA T TO 10 CFR 2.390 TN Americas LLC )

State of Maryland ) ss.

County of Howard )

I, Prakash N~an, dep()'Se and say that I am the Chief Technical Officer oflN Americas LLC, duly authoriud to e ecute this affida it, and have reviewed or caused to have reviewed the information which is identified as proprietary and referenced in the paragraph immediately below. I am submitting this affidavit in conformance with the provisions of 10 CFR 2.390 of the Commission's regulations for withholding this information.

The information for which proprietary treatment is sought is listed below:

  • WCS CISF Safety Analysis Report, Revision 4 pages clearly marked as containing proprietary information o Appendix A, 'NUHOMSe*MPl 87 Cask System" o Appendix B, "Standardized Advanced NUHOMS~ System' o Appendix C, "Standardized NUHOMSe-61BT System" o Appendix D, "Standardized NUHOMs*-6tBTH Type I System"
  • 'WCS Lift Beam Assembly (three sheets),' WCS0l-2100, Revision 0
  • "NUHOMs* System GTCC Canister Main Assembly (five sheets) ' 13302-1005, Rev. 0
  • "NUHOMs* System GTCC Canister Closure Installation (one sheet),' 13302-1007, Rev. 0 This document bas been appropriately designated as proprietary.

I have personal knowledge of the criteria and procedures utilized by TN Americas LLC ind ignating information as a trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission' regulations, the following is furnished for consideration by the Commission in determining wheth r the iDfonnation sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

t) The information sought to be withheld from public disclosure involves operating experience with spent fuel storage systems and details ofspent fuel storage system associated with the fuel torag technology, hich are owned and have been held in confidence by TN Americas LLC.

2) The information is of a type customarily held in confidence by TN Americas LLC, and not customarily disclosed to the public. TN Americas LLC has a rational basis for determining the types of information customarily held in confidence by it.
3) Public disclosure of the information is likely to cause substantial harm to the competiti e position of TN Am ri LLC, because the information consists of operating experience with NUHOMs* and detail of NUHOMs* storage systems, the application of which provide a competitive economic advantage .. The availability of u h information to competitors would enable them to modify their product to better compete with TN Am ricas LLC, take marketing or other actions to improve their product's position or impair the position of TN Am ricas LLC's product, and old developing similar data and planning in support of their processes, methods or apparatus.

Furthe, the dapo,,ent sayed, not. ,.A* p~

Prakash Narayanan Sumc~PWO:

Chief Technical Officer, lN Ameri LLC me diis 26" day of Augusl, 2mo.

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AINTERNATIONAL NAC NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Comers, Georgia 30092, being duly sworn, deposes and says that:

1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained therein, and is authorized to request its withholding.
2. The information to be withheld includes the following NAC Proprietary Information that is being provided in support of the NRC review of SAR Revision 4 for Interim Storage Partners (ISP)

Centralized Interim Storage Facility (CISF) site-specific license application (NRC Docket No. 72-1050).

  • WCS CISF Safety Analysis Report pages clearly marked as containing proprietary information
a. Chapter 4, "Operating Systems"
b. Chapter 7, "Installation Design and Structural Evaluation"
c. Chapter 12, "Accident Analysis"
d. Appendix E, "NAC-MPC"
e. Appendix F, "NAC-UMS"
f. Appendix G, "NAC-MAGNASTOR"
  • "Lift Yoke, Transport Cask, NAC-STC," 30039-L024, Revision 0
  • "Lift Yoke, Transport Cask, NAC-UMS'," 30039-L022, Revision 0
  • "Lift Yoke, Transport Cask, MAGNATRAN," 30039-L023, Revision 0 NAC is the owner of this information that is considered to be NAC Proprietary Information.
3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information Act ("FOIA"); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(l) for "trade secrets and commercial financial information obtained from a person, and privileged or confidential" (Exemption 4). The information for which exemption from disclosure is herein sought is all "confidential commercial information," and some portions may also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4.
4. Examples of categories of information that fit into the definition of proprietary information are:
a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
b. Information that, if used by a competitor, would reduce their expenditure of resources or improve their competitive position in the design, manufacture, shipment, installation, assurance of quality or licensing of a similar product.
c. Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.

ED20200117 Page 1 of 3

ANAC Jfffl INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
d. Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.

5. The information to be withheld is being transmitted to the NRC in confidence.
6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. No public disclosure has been made, and it is not available in public sources. All disclosures to third parties, including any required transmittals 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 Items 7 and 8 following.
7. Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.

Access to proprietary documents within NAC is limited via "controlled distribution" to individuals on a "need to know" basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.

Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position of NAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part of NAC's comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment.

ED20200117 Page 2 of3

ANAC rfftl INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

STATE OF GEORGIA, COUNTY OF GWINNETT Mr. George Carver, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his

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knowledge, information and belief.

Comers, Georgia, this A~day of 2020.

George Carver Vice President, Engineering and Support Services NAC International Subscribed and sworn before me this 2,.. ~ day of A"j ~ , 2020.

ED20200117 Page 3 of 3

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