ML22077A769

Supplement to NACs Amendment Request for the NAC International Magnastor Cask System Amendment No. 12

ML22077A769
Person / Time
Site:	07201031
Issue date:	03/18/2022
From:	Fowler W NAC International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
Shared Package
ML22077A768	List: ML22077A769 ML22077A770
References
ED20220032
Download: ML22077A769 (5)

Text

ED20220032 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com March 18, 2022 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Supplement to NACs Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12 Docket No. 72-1031

References:

1. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 9, December 7, 2020

2. MAGNASTOR Cask System Final Safety Analysis Report (FSAR),

Revision 12, NAC International, September 2021

3. ED20220004, Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 12, January 24, 2022

4. ML22041A550, Teleconference for the Discussion of Amd. No. 12 and Potential Revision to Certificate of Compliance No. 1031 for the MAGNASTOR Storage System, February 24, 2022 NAC International (NAC) hereby submits a supplement to Reference 3 based on discussions during an NRC teleconference conducted on February 24, 2022 (Reference 4). NAC understands the NRCs concerns, which can be summarized into two categories. One, how NAC controls the construction and placement of concrete used in the MAGNASTOR concrete cask lid in order to ensure the minimum concrete density requirement is met and that the pours are performed in a manner that avoids any void formations. Two, what are the affects to the lids radiation shielding performance when considering any concrete shrinkage after the concrete has been poured and cured.

In response to Item #1, NAC has updated the proposed changes to the Technical Specifications (TS) shown in Enclosure 1. These proposed changes provide the necessary requirements to ensure the concrete in the lids meet the minimum density requirement and their construction is performed in a suitable manner to avoid any void formations. In response to Item #2, NAC has researched and estimated the amount of potential radial concrete shrinkage in the lid. This potential shrinkage was then evaluated using MCNP6 to compare the results to the existing licensing basis evaluation. A detailed discussion on the results is provided in Enclosure 2. All results fall within the statistical uncertainty bands for the original licensing basis solutions.

ED20220032 U.S. Nuclear Regulatory Commission March 18, 2022 Page 2 of 2 NAC is requesting the changes being proposed to the TS via this amendment be included in those TS changes for Amendments 0 thru 9 via the issuance of a Certificate of Compliance (CoC) revision. In addition, NAC is also requesting these proposed TS changes be incorporated into Amendments 10 and 11, which are currently under review and approval by the NRC. In effort to expedite the rulemaking process, NAC is requesting that all CoC revisions and Amendments 10 & 11 be processed thru rulemaking as a single package. 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

Enclosures:

- Proposed Technical Specification Changes - Potential Concrete Radial Shrinkage MCNP6 Evaluation Wren Fowler Digitally signed by Wren Fowler Date: 2022.03.18 14:20:51

-04'00'

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220032 Page 1 of 3 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, 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 for a Certificate of Compliance (CoC)

(No. 1031) for the NAC International MAGNASTOR Cask System.

- Potential Concrete Radial Shrinkage MCNP6 Evaluation NAC is the owner of the information contained in the above documents. Thus, all of the above identified information is 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 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.

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

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20220032 Page 2 of 3 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.