ML21277A045

Submittal of Final Safety Analysis Report (Fsar), Revision 12, for the NAC Magnastor Cask System

ML21277A045
Person / Time
Site:	07201031
Issue date:	09/24/2021
From:	Fowler W NAC International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
ED20210143
Download: ML21277A045 (6)

Text

Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com September 24, 2021 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of Final Safety Analysis Report (FSAR), Revision 12, for the NAC MAGNASTOR Cask System Docket No. 72-1031

References:

I. ED20210001, Submission of Final Safety Analysis Report (FSAR), Revision 11, for the NAC MAGNASTOR Cask System, February 5, 2021

2. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. I 031 for the NAC International MAGNASTOR Cask System, Amendment No. 9, November 10, 2019 NAC International (NAC), herewith, provides two (2) courtesy copies (I Proprietary and 1 Non-Proprietary Version) of the NAC MAGNASTOR Cask System FSAR, Revision 12 changed pages in . Revision 12 of the NAC MAGNASTOR FSAR is based on FSAR Revision 11. Revision 12 incorporates those changes that have been reviewed and incorporated by NAC under the 10 CFR 72.48 regulation.

This partial biennial update includes 72.48 determinations for FSAR changes, including license drawings, and other 72.48 determinations which "screened-in" and required an "evaluation." A certificate of the accuracy of the Revision 12 changes, signed by a duly authorized officer ofNAC, is provided as . This submittal satisfies the MAGNASTOR FSAR and 72.48 Determination Summary Report partial biennial update for the period between February 5, 2021, and Sept 15, 2021.

Consistent with NAC administrative practice, the NAC MAGNASTOR FSAR, Revision 12, changed pages are uniquely identified by the revision number located in the header of each revised page. Revision bars mark the FSAR text changes. Due to text flow, some Revision 12 pages may not contain any revision bars. The 10 CFR 72.48 Determination Summary Report for Revision 12 of the MAGNASTOR FSAR is provided in Enclosure 1. A description of all of the changes incorporated in Revision 12 of the NAC MAGNASTOR FSAR is provided in Enclosure 3 and all license drawing changes is provided in .

• 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 as Attachment I.

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Atlanta Corporate Headquarters ANAC -1'l~O L;*;t Jone~ f3ncioc Road. Suite 200

~I INTERNATIONAL 1*,,*,1ch11r;e Corners, GA 3009?

Pl <<Jilt' 170 ~,1} 1 1/\,1 U.S. Nuclear Regulatory Commission September 24, 2021 Page 2 of2 If you have any comments or questio11s regarding this submittal, please contact me on my direct line at 678-328-1236.

Sincerel Wren Fowler Director, Licensing Engineering Attachments:

I. Proprietary Affidavit

Enclosures:

i. 10 CFR 72.48 Determination Summary Report for the NAC MAGNASTOR FSAR, Revision 12

2. List of Drawing Changes for MAGNASTOR FSAR, Revision 12

3. List of Changes for MAGNASTOR FSAR, Revision 12

4. Certification of Accuracy of the NAC MAGNASTOR FSAR, Revision 12

5. FSAR Changed Pages and LOEP for the NAC MAGNASTOR FSAR, Revision 12 ED20210143

Atlanta Corporate Headquarters INAC 3930 East Jones Bridge Road, Suite 200

!fr _INTERNATIQNA~ Peachtree Corners, GA 30092 Phone 770-44 7-1144 www.nacintl.com Attachment 1 Proprietary Affidavit ED20210143

Atlanta Corporate Headquarters ANAC 3930 East Jones Bridge Road, Suite 200

1. INTERNATIQNA~ Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Engineering and Support Services, of NAC International, 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 a submittal containing the NAC MAGNASTOR FSAR, Revision 11 update.

• NAC MAGNASTOR FSAR Rev. 12, Proprietary Version

• Enclosure 1, pages 4-11, 15-18

• Enclosure 2, pages 2-6 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; 18 USC Sec. 1905; and NRC Regulations 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b )(1) 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 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.

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Atlanta Corporate Headquarters NAC 3930 East Jones Bridge Road, Suite 200 INTERNATIONAL

• I * * - ' * ' ,< \ ; 0 i / "* I ,, I .' I Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com 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 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.

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.

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Atlanta Corporate Headquarters NAC Art INTERNATIONAL 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com 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 Peachtree Comers, Georgia, this l(~ day of s,1:_,. , L ,21JQI.

eorge Carver Vice President, Engineering and Support Services NAC International d sworn before me this , 2021.

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