ML23178A225
| ML23178A225 | |
| Person / Time | |
|---|---|
| Site: | 07201031 |
| Issue date: | 06/27/2023 |
| From: | Baldner H NAC International |
| To: | Office of Nuclear Reactor Regulation, Document Control Desk |
| Shared Package | |
| ML23178A224 | List: |
| References | |
| ED20230076 | |
| Download: ML23178A225 (1) | |
Text
ED20230076 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com June 27, 2023 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 NAC International MAGNASTOR Cask System, Amendment No. 13 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. ML060970083, Department of Energy, Idaho Operations Office, Notice of Issuance of Materials License SNM-2508 for TMI-2 Independent Spent Fuel Storage Installation, March 19, 1999
- 4. ML060970085, Safety Evaluation Report of Three Mile Island Unit 2 Independent Spent Fuel Storage Installation Safety Analysis Report, March 19, 1999
- 5. ML060970079, License for Independent Storage of Spent Nuclear Fuel and High-Level Radioactive Waste, SNM-2508, Docket No. 72-20, U.S. DOE, March 19, 1999
- 6. NRC PDR 8808170310, Post-Defueling Monitored Storage Proposed License Amendment and Safety Analysis Report, GPU Nuclear Three Mile Island Nuclear Station Unit II, DPR 73 Docket No. 50-320, August 16, 1988
- 7. ML20059D154, Issuance of Amendment No. 48 for Possession Only License No.
DPR-73 for Three Mile Island Nuclear Station Unit 2, December 28, 1993
- 8. ML20011F536, GPU, Defueling Completion Report, Final Submittal, February 22, 1990
- 9. ML20090B852, NRC Letter Proposed Possession Only License, Proposed Technical Specifications and Supporting Safety Evaluation for Post Defueling Monitored Storage at Three Mile Island Unit 2, February 20, 1992
- 10. ED20220089, Submission of Data Disk for the NAC International MAGNASTOR Cask System, Amendment No. 13, July 13, 2022
- 11. ED20220069, Submission of an Amendment Request for the NAC International MAGNASTOR Cask System, Amendment No. 13, July 13, 2022
- 12. ED20220157, Supplement to the Submission of an Amendment Request for the NAC International MAGNASTOR Cask System, Amendment No. 13, October 13, 2022
ED20230076 Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com U.S. Nuclear Regulatory Commission June 27, 2023 Page 2 of 2
- 13. ED20220164, Supplement to the Submission of an Amendment Request for the NAC International MAGNASTOR Cask System, Amendment No. 13, November 17, 2022
- 14. ED20230028, Request to Withdraw Changes Associated with Administrative Controls for Short Duration Operations from NAC International MAGNASTOR Cask System, Amendment No. 13, March 8, 2023
- 15. U.S. Nuclear Regulatory Commission, Application for Amendment No. 13 to the Model No. MAGNASTOR Storage Cask Request for Additional Information, March 29, 2023 NAC International (NAC) hereby submits responses to the NRCs Request for Additional Information (RAI) (Reference 15). The proprietary and non-proprietary RAI responses are contained in Enclosure 1. contains the FSAR pages affected by the RAI responses.
Consistent with NAC administrative practice, this proposed FSAR revision is numbered to uniquely identify the applicable changed pages. Enclosure 1 contains the responses to the NRCs RAIs and the Proposed CoC changes can be found in Enclosure 2. The list of all the changes to the MAGNASTOR FSAR in located in Enclosure 3. While Enclosure 4 contains the List of Effective Pages and the FSAR changed pages. In order to better facilitate the review process, NAC is providing the Revision 23B changed pages with appropriate backing pages. In accordance with NACs administrative practices, upon final acceptance of this application, the 22A, 22C, 22D and 23B changed pages will be reformatted and incorporated into the next revision of the MAGNASTOR FSAR. Attached to this letter is a signed affidavit requesting all proprietary information be withheld from public disclosure via 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
Enclosures:
- Responses to MAGNASTOR RAI - Proposed CoC Changes - List of Changes for MAGNASTOR FSAR, Amendment 13, Revision 23B - MAGNASTOR, FSAR Changed Pages and LOEP, Amendment 13, Revision 23B Heath M. Baldner Digitally signed by Heath M. Baldner Date: 2023.06.27 14:19:40 -04'00'
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230076 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.
- - Responses to MAGNASTOR RAI
- - MAGNASTOR, FSAR Changed Pages and LOEP, Amendment 13, Revision 23B 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
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230076 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.
A NAC INTERNATIONAL NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 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.
J-
,
tree Comers, Georgia, this i_'r day oE
, 2023.
George Carver Vice President, Engineering and Support Services NAC International Subscribed and sworn before me this J,.1 J,,
day of g(!t'h-v' ED20230076
, 2023.