ML23100A072

NAC International - Submission of Responses to the NRCs Request for Additional Information to NACs Request for a Revision to Certificate of Compliance (CoC) No. 9235 for the NAC-STC (Submittal 23A)

ML23100A072
Person / Time
Site:	07109235
Issue date:	04/10/2023
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML23100A071	List: ML23100A072 ML23100A073
References
EPID L-2022-LLA-0070, ED20230032
Download: ML23100A072 (1)

Text

ED20230032 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com April 10, 2023 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of Responses to the NRCs Request for Additional Information to NACs Request for a Revision to Certificate of Compliance (CoC) No. 9235 for the NAC-STC (Submittal 23A)

Docket No. 71-9235 EPID No. L-2022-LLA-0070

References:

1. Model No. NAC-STC Package, U.S. Nuclear Regulatory Commission (NRC)

Certificate of Compliance (CoC) No. 9235, Revision 23, December 6, 2019

2. Safety Analysis Report (SAR) for the NAC Storage Transport Cask (NAC-STC), Revision 20, NAC International, July 2020

3. ED0230042, NACs Request for a Revision to Certificate of Compliance (CoC) No. 9235 for the NAC-STC (Submittal 22A), May 9, 2022

4. ED20230058, Submission of Data Files to Support the Nuclear Regulatory Commissions (NRC) NRCs Request for Additional Information to NACs Request for a Revision to Certificate of Compliance (CoC) No. 9235 for the NAC-STC (Submittal 23A), April 10, 2023 NAC International (NAC) hereby providing responses to the NRCs Request for Additional Information the (RAI) NAC-STC Certificate of Compliance (CoC) No. 9235, Revision 23 (Reference 1). The responses to the NRC RAIs can be found in Enclosure 1 to this letter. In addition to the RAI responses, NAC has revised license drawing 423-800 (see enclosure 3 for the details of the drawing changes), and Table 7.4-1 to support operations from a foreign customer.

Consistent with NAC administrative practice, this proposed SAR revision is numbered to uniquely identify the applicable changed pages. Revision bars mark the SAR text changes on the Revision STC-23A pages (Enclosure 6) to the Reference 2 SAR pages. Enclosure 2 contains proprietary NAC calculations used to support the requested change. The proposed changes to the CoC are included in Enclosure 4. Enclosure 5 contains a summary of the changes to the SAR for Revision STC-23A. The headers of the SAR pages indicate Revision 23A and the submittal month and year on those pages that have changes and Revision bars mark the SAR text changes.

ED20230032 U.S. Nuclear Regulatory Commission April 10, 2023 Page 2 of 2 In accordance with NACs administrative practices, upon final acceptance of this application, 22A and 23A changed pages will be reformatted and incorporated into the next revision of the NAC-STC SAR.

Per Attachment 1 to this letter, NAC requests certain information be withheld from public disclosure in accordance with 10 CFR 2.390.

If you have any comments or questions, please contact me on my direct line at 678-328-1252.

Sincerely, Heath Baldner Director, Licensing Engineering

Attachment:

- NAC International Affidavit Pursuant 10 CFR 2.390

Enclosures:

- Responses to the NRCs Request for Additional Information - NAC-STC Proprietary Calculation - List of Drawing Changes, NAC-STC SAR, Revision 23A - Proposed Changes for Certificate of Compliance - List of SAR Changes, NAC-STC SAR, Revision 23A - SAR Page Changes and LOEP, NAC-STC SAR, Revision 23A Heath M. Baldner Digitally signed by Heath M. Baldner Date: 2023.04.10 09:29:13 -04'00'

ED20230032 Page 1 of 3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 in this submittal.

x, Responses to the NRCs Request for Additional Information x, NAC-STC Proprietary Calculation o

423-2020, Revision 1 x, List of Drawing Changes, NAC-STC SAR, Revision 23A x, NAC-STC SAR Rev. 23A, Proprietary Version 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 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.

ED20230032 Page 2 of 3 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 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.

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.