ML23104A044
| ML23104A044 | |
| Person / Time | |
|---|---|
| Site: | 07109235 |
| Issue date: | 04/10/2023 |
| From: | Baldner H NAC International |
| To: | Document Control Desk, Office of Nuclear Material Safety and Safeguards |
| References | |
| EPID L-2022-LLA-0070, ED20230058 | |
| Download: ML23104A044 (1) | |
Text
ANAC
~.. !NTERNATIQNA~
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 Attention:
Subject:
References:
- Document Control Desk Submission of Data Files to Support the Nuclear Regulatory Commission's (NRC)
NRC's Request for Additional Information to NAC's Request for a Revision to Certificate of Complinnce (CoC) No. 9235 for the NAC-STC (Submittal 23A)
Docket No. 71-9235 EPID No. L-2022-LLA-0070
- 1. Model No. NAC-STC Package, U.S. Nuclear Regulatory Commission (NRC)
Certificate of Complinnce (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
9235 for the NAC-STC (Submittal 22A), May 9, 2022
- 4. ED20230032, Submission of Responses to the NRC's Request for Additional Information to NA C's Request for a Revision to Certificate of Complinnce (CoC)
No. 9235 for the NAC-STC (Submittal 23A), April 10, 2023 NAC International Inc. (NAC) herewith is providing proprietary calculation data files to support the review of our responses to the NRC's Request for Additional Information the (RAI) NAC-STC Certificate of Complinnce (CoC) No. 9235, Revision 23 (Reference 4). The list of data files being provided on the data disk cnn be found in Enclosure 1. The data files are proprietary and marked "NAC Proprietary Information". An Affidavit pursuant to 10 CFR 2.3 90 is provided via Attachment 1 to this letter.
ED20230058
-~1IRNATIONAL U.S. Nuclear Regulatory Commission April 10, 2023 Page 2 of2 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com Should there be any questions regarding this request, please contact me via email at
. lihaldrter@n:~cintl.c~i11: or via phone at 678-328-1252.
Heath Baldner Director, Licensing Engineering Attachment - NAC International Affidavit Pursuant 10 CPR 2.390 Enclosures - NAC-STC (Submittal 23A) Proprietary Data Disk 1 of 1 ED20230058
Attachment I to ED20230058 Page I of2 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 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 this submittal. NAC-STC Proprietary Calculation -Data Disk 1 of 1 423-2020, Revision 1 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.l 7(a)(4), 2.390(a)(4), 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 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.
ED20230058 to ED20230030 Page2of3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
- e. lnfonnation 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 proprietmy 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 infonnation 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/infonnation 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 industiy knowledge.
Access to proprietmy 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 infonnation 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 ofNAC'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 detennine 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 ED20230058 to ED20230058 Page3 of3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
STATE OF GEORGIA,, COUNTY OF GWINNE'IT Mr. George Carver, being duly sworn, deposes and says:
George Carver Vice President, Engineering and Support Services NAC International Inc.
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4d Subscribed and sworn before me this. ((}_.. day of. ';~*
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Notary Public ED20230058 to ED20230058 Page 1 of2 ED20230058 Data Disks NAC-STC SAR. Revision 23A
Enclosure I to ED20230058 Page2 of2 Data Disk Contents 423-2020, Revision 1 ED20230058