ML20266G182
| ML20266G182 | |
| Person / Time | |
|---|---|
| Site: | OPTIMUS-L |
| Issue date: | 09/09/2020 |
| From: | Fowler W NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML20266G181 | List: |
| References | |
| ED20200118 | |
| Download: ML20266G182 (4) | |
Text
Atlanta Corporate Headquarters AINTERNATIONA~
NAC 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com September 9, 2020 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention: Document Control Desk
Subject:
Request for U.S. Nuclear Regulatory Commission (NRC) Approval of the NAC OPTIMUS-L Transportation Package
References:
- 1. OPTIMUS-L Safety Analysis Report (SAR), Revision 20A, August 2020 NAC International Inc. (NAC) hereby requests NRC approval of the NAC OPTIMUS-L radioactive material transport package (OPTlmal Modular Universal .S.hipping cask for _bow activity contents). The OPTIMUS-L package has been designed to meet the NRC regulations on transportation ofradioactive materials Title 10, Part 71 Code of Federal Regulations and International Atomic Energy Agency (IAEA) TS-.R-1 standards. The contents requested to be transported in the OPTIMUS-L package can be in found in SAR Section 1.2.2 and includes transuranic (TRU) waste and irradiated fuel waste.
This submittal package contains one copy of both the non-proprietary and proprietary versions, which includes the OPTIMUS-L SAR Revision 20A pages (Enclosure 2). Enclosure 1 contains proprietary calculations, which support NRC approval of the package. The proprietary version of this submittal is contained in a separate sealed envelope marked as "NAC Proprietary Information." An Affidavit pursuant to 10 CFR 2.390 is provided via Attachment 1 to this letter.
Should there be any questions regarding this request, please contact me via email at wfowler@nacintl.com or via phone at 678-328-1236.
Wren Fowler Director, Licensing Engineering Attachment - NAC International Affidavit Pursuant 10 CFR 2.390 Enclosures - Supporting Calculations -OPTIMUS-L SAR Pages, Rev. 20A (Proprietary Version)
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NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International Inc.,
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 this submittal.
- Enclosure 1, Supporting Calculations
- Enclosure 2, OPTIMUS-L SAR Rev. 20A, Proprietary Version NAC is the owner of the information contained in the aforementioned pages/document, so they are considered NAC Proprietary Information.
- 3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom oflnformation Act ("FOIA"); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 1-8 USC Sec. 1905; and NRC Regulations 10 CPR 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.
- d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.
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NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
- e. 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 Engineer, 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.
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NAC INTERNATIONAL 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 knowledge, information and belief.
Executed at Norcross, Georgia, this George Carver Vice President, Engineering and Support Services NAC International Inc.
Subscribed and sworn before me this _ _J_day of ED20200118