ML20290A465
| ML20290A465 | |
| Person / Time | |
|---|---|
| Site: | HI-STORE |
| Issue date: | 10/09/2020 |
| From: | Babos M Holtec |
| To: | Cuadrado J Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML20290A505 | List: |
| References | |
| 5025060 | |
| Download: ML20290A465 (7) | |
Text
Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 HOLTEC INTERNATIONAL Fax (856) 797-0909 October 9, 2020 Mr. Jose Cuadrado, Project Manager Division of Fuel Management Office of Nuclear Material Safety and Safeguards Docket Number: 72-1051
Subject:
Holtec International HI-STORE CIS (Consolidated Interim Storage Facility)
License Application Responses to Requests for Additional Information - Part 6, Supporting Information
Reference:
[1] Holtec Letter 5025059, "Holtec International HI-STORE CIS (Consolidated Interim Storage Facility) License Application Responses to Requests for Additional Information - Part 6, Set l ", to J. Cuadrado (NRC) from K. Manzione (Holtec) dated October 9, 2019 Mr. Cuadrado, Holtec submitted responses to the staffs requests for additional information (RAis) Part 6 under Reference [1] on the HI-STORE Consolidated Storage Application. This letter contains the supporting financial information for those responses. & 2 contains the supporting information. Since these attachments are considered proprietary, an affidavit pursuant to 10CFR2.390 is included as Attachment 3, requesting that this information be withheld from public disclosure.
If you have any questions, please contact Kim Manzione at k.manzione@holtec.com or (856) 797-0900 ext. 3951 or Martin Babos at m.babos@holtec.com or (856)797-0900 x3770.
Sincerely,
!fa.t+ur Martin J. Babos, JR.
VP Finance & Accounting Holtec International Document ID 5025060 Page 1 of2
Krishna P. Singh Technology Campus, 1 Holtec Blvd., Camden, NJ 08104 Telephone (856) 797-0900 HOLTEC INTERNATIONAL Fax (856) 797-0909 cc: Letter Only Andrea Kock, NRC John McKirgan, NRC Jill Caverly, NRC Attachments: : Supporting RAI financial information - Proprietary : Supporting RAI financial information - Proprietary : Affidavit Pursuant to 10CFR2.390 Document ID 5025060 Page 2 of2
U.S. Nuclear Regulatory Commission ATTN: Docume nt Control Desk Docume nt ID 5025060 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10, CFR 2.390 I, Kimberly Manzione, being duly sworn, depose and state as follows:
(1) I have reviewed the information described in paragraph (2) which is sought to be withheld, and I am authorized to apply for its withholding.
(2) The information sought to be withheld is provided in Attachment I to Holtec Letter 5025060, which contains Holtec Proprietary Information.
(3) In making this application for withholding of proprietary information of which it is the own~r, Holtec International relies upon the exemption from disclosure set forth in the Freedom of Information Act("fOIA'.'), S USC Sec. 552(b)(4) and the Trade Secrets Act, 18 USC Sec. 1905, andNR C regulations 10CFR Part 9. l 7(a)(4), 2.390(a)(4), and 2.390(b)(l) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The rnaterial 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 in, respectively, Critical Mass Energy Project v. Nuclear R~glllatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).
1 of5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025060 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of information which 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 Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
- b. ,Information which, if' used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.
- c. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
- e. Information which discloses patenta.ble subject matter for which it may be desirable to obtain patent protection.
The infonnation sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4. b, 4d, and 4.c above.
(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is ofa sort customarily held i:tr confidence by Holtec International, 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 Holtec International. 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 he made, pursuant to 2of5
U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5025060 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec International is limited on a "need to know" basis.
(7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside Holtec International 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.
(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This info11.Tiation would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec lnternational. A substantial effort has been expended by. Holtec International to develop this information.
Release of this information would improve a competitor's position because it would enable Holtec' s competitor to copy our technology and offer it for sale in competition with our company, .causing us financial injury.
3 of5
U.S. Nuclear Regulatory Commission ATIN: Document Control Desk Document ID 5025060 Non-Proprietary Attachment 2 AFFIDAVIT PURSUAN T TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial hann to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost.
The value of the te*chnology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine .and apply the appropriate evaluation process.
The research, development, engineering, artd analytical costs c.omprise _a substantial investment of time and money by Holtec International.
The precise value ofthe expertise to devise an evalua,tion process and apply the correct analytical methodology is difficult to quantify, but it clearly is.
substantial.
Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experien~e 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 simiiar conclusions.
The value of this information to Holtec Irtternational 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 Holtec International of the opportunityto .exercise its competitive advantage to seek an adequate return on its large investment in devefoping these very valuable analytical tools.
4of5
U.S. Nuclear Regulatory Commission ATI'N: Document Control Desk Document ID 5025060 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )
) ss:
COUNTY OF CAMDEN )
Kimberly Manzione , being duly sworn, deposes and says:
That she has read the for~going affidavit and the matters stated therein are true and correct to the best ofher knowledge, information, and belieE th Executed at Camden_,.New Jersey, this 9 day of October 2020.
4';*:~
,-:* r I,_}
Kimberly Manzione 4
\, ....
- .. :~ - KORt.N-M FAGAN N'otarv ,f(~blic:,-s*tate of New Jersey Licensing Manager
,* -_.-:, * . *1,.*,i(rCom!T iission Expi'res Holtec International
/ .- . **; . _;.,_.~. . February l6, 2024 th Subscribed and sworn before me this 9 day of October 2020.
5 of5