ML22062A762
| ML22062A762 | |
| Person / Time | |
|---|---|
| Site: | 07201015 |
| Issue date: | 03/03/2022 |
| From: | Fowler W NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| Shared Package | |
| ML22062A761 | List: |
| References | |
| CAC 001028, EPID L-2020-RNW-0031 | |
| Download: ML22062A762 (5) | |
Text
ED20220022 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com March 3, 2022 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn:
Document Control Desk
Subject:
Submission of Responses to the Nuclear Regulatory Commissions (NRC) Request for Additional Information for the Request to Renew the NAC-UMS Cask System Certificate of Compliance No. 1015 Docket No. 72-1015 CAC/EPID Nos. 001028/L-2020-RNW-0031
References:
- 1.
ED2020120, NAC International, NAC-UMS System, 72-1015 Certificate of Compliance (CoC) Renewal Application, October 13, 2020
- 2.
Request for Additional Information for the Technical Review of the Application for Renewal of the Certificate of Compliance No. 1015 (CAC/EPID Nos. 001028/L-2020-RNW-0031), December 21, 2021 NAC International Inc. (NAC) hereby submits responses to the NRC Request for Additional Information (RAI) issued on December 21, 2021 (Reference 2). This submittal package contains a copy of the non-proprietary responses to the NRC RAIs which can be found in Attachment 2 of this letter. There were no responses that were deemed proprietary in nature. Those enclosures with changes are being submitted in their entirety. The NRC RAI (Reference 2) contained several questions that were common to both the NAC-UMS and NAC-MPC (Multi-Purpose Canister System) renewal applications. The responses to those questions resulted in changes to both the NAC-MPC renewal application and to the proposed FSAR. To ensure those changes are docketed properly with the NAC-MPC renewal application, we will submit those as a supplement to the first round of NAC-MPC RAI responses.
The CoC Renewal Application (Enclosure 1) is being submitted in its entirety due text flow changes from the RAI responses. Those changes are identified by revision bars. Enclosure 3 contains proprietary NAC calculation 30013-2001 Revision 2. Enclosure 4 contains a summary of the changes to the FSAR revision. The headers of the FSAR pages indicate Revision 22A and the submittal month and year on those pages that have changes. Revision bars mark the FSAR text changes on the Revision NAC-UMS 22A pages (Enclosure 4).
Per Attachment 1 to this letter, NAC requests information in Enclosure 3 to be withheld from public disclosure per 10 CFR 2.390. In accordance with NACs administrative practices, upon final acceptance of this application, the 21A and 22A changed pages will be reformatted and incorporated into the next revision of the NAC-UMS FSAR.
ED20220022 U.S. Nuclear Regulatory Commission March 3, 2022 Page 2 of 2 If you have any comments or questions, please contact me on my direct line at 678-328-1236.
Sincerely, Wren Fowler Director, Licensing Engineering
Attachment:
- NAC International Affidavit Pursuant to 10 CFR 2.390 - NAC Responses to RAIs
Enclosures:
- 1. Application for Renewal of the NAC-UMS System CoC (22A)
- 2. Appendix A Aging Management Programs (22A)
- 3. Appendix B Time-Limited Aging Analyses (22A)
Wren Fowler Digitally signed by Wren Fowler Date: 2022.03.03 11:22:06
-05'00'
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220022 Page 1 of 3 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 Corners, 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 to support the technical review of NACs Request to Renew the Certificate of Compliance (CoC) (No. 1015) for the NAC International UMS Cask System.
- , Appendix B, 30013-2001, Fatigue Evaluation of MPC and UMS Storage System Components for Extended Storage, Rev. 2
- 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)(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 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.
- e. Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220022 Page 2 of 3 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.
- 9. 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 NACs 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