ML20350B467
| ML20350B467 | |
| Person / Time | |
|---|---|
| Site: | 07109225 |
| Issue date: | 12/03/2020 |
| From: | Fowler W NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML20350B466 | List: |
| References | |
| Download: ML20350B467 (6) | |
Text
Atlanta Corporate Headquarters NAC 3930 East Jones Bridge Road, Suite 200
- INTERNATIONAL Peachtree Comers, GA 30092 Phone 770-447-1144 www naantl.com December 3, 2020 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention: Document Control Desk
Subject:
Submission ofNAC-LWT Safety Analysis Report (SAR), Revision 46 Incorporating the EFN Rods, Moly Targets, and Booster Rods as Approved Contents for Transport.
Docket 71-9225
References:
- 3. ED20190068, Submission ofNAC-LWT Safety Analysis Report (SAR),
Revision 45 Incorporating the Revised Definitions of Damaged and Undamaged NRU/NRX Fuel Approved Applications, July 16, 2019 NAC hereby submits NAC-L WT SAR Revision 46 via Enclosure 1. This SAR revision incorporates those changes approved via Certificate of Compliance (CoC) No. 9225 Revisions, 69, and 70 (References 1 and 2, respectively). Since the approval of Reference 3, NAC requested to revise the Safety Analysis Report (SAR) via submittals 20A, and 20B. These submittals included definitions ofEFN Rods, Moly Targets, and Booster Rods as approved contents of the NAC-L WT. All submittals in support of the approval for References 2 have been consolidated and incorporated into Revision 45 of the NAC-L WT SAR to create Revision 46.
As a consolidated SAR, all pages of the document are identified as Revision 46 with revision bars identifying all changes from Revision 45. A List of Effective Pages is provided for completeness. In addition, Enclosures 1 and 2 hereto detail the list of SAR and drawing changes, respectively.
This SAR revision contains NAC proprietary information and Attachment 1 is a signed affidavit, executed by Mr. George Carver, Vice President, Engineering and Licensing, requesting this proprietary information be withheld from public disclosure via 10 CFR 2.390. As part of this submittal, NAC is including one hard copy of both the proprietary and non-proprietary versions of SAR Revision 46.
ED20200145
ANAC Vil INTERNATIONAL Nuclear Regulatory Commission December 3, 2020 Page 2 of 2 If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1236.
Since Wren Fowler Director, Licensing Engineering Attachment - NAC International Inc. Affidavit Pursuant to 10 CFR 2.390 Enclosures - List of Changes, NAC-LWT SAR, Revision 46 - List of Drawing Changes, NAC-LWT SAR, Revision 46 -NAC-LWT SAR, Revision 46, Proprietary Version ED20200145
- INTERNATIONAL Attachment 1 NAC International Inc.
Affidavit Pursuant to 10 CFR 2.390
£D20200145
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (A:ffiant), Vice President, Engineering and Licensing, of NAC Intern~onal Inc., I hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Peachtree Comers, Georgia 30092, being duly sworn, deposes and says that:
- 1. A:ffiant has reviewed the information descn"bed in Item 2 and is personally familiar secrets and privileged information contained therein, and is authorized to request its wi
- 2. The information to be withheld includes the following NAC Proprietary Information t is being provided to support the review ofNAC's Consolidated Safety Analysis Report for Certificate of Compliance (CoC) (No. 9225) for the NAC L WT Transport Package.
- NAC-LWT SAR Revision 46, Proprietary Version NAC is the owner of this information that is considered to be NAC Proprietary Informati n.
- 3. NAC makes this application for withholding of proprietary information based upon th exemption from disclosure set forth in: the Freedom oflnformation Act (FOIA"); 5 USC Sec. 552 )(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.l 7(a)(4), 2.3 O(aX4), 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 isclosure is herein sought is all "confidential commercial information," and some portions may also ualify under the narrower definition of "trade secret," within the meanings assigned to those terms fo purposes of FOIA Exemption 4.
- 4. Examples of categories of information that fit into the definition of proprietary informati are:
- a. Information that discloses a process, method, or apparatus, including supportiig data and analyses, where prevention of its use by competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.
I
- 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 ofNAC, 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.
- 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.
ED20200145 Page 1 of3
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 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 ofNAC 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 ofNAC 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.
- 9. Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position ofNAC, 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 ED20200145 Page 2 of3
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 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.
Corners, Georgia, this '3,r) day of Dt;U.#1 b'1i: ,2020.
rge Carver Vice President, Engineering and Support Services NAC International Inc.
Subscribed and sworn before me this 3,d day of 'VtWth::tbtc , 2020.
ED20200145 Page 3 of3