ML23241B053

Submission of an Amendment Request for the NAC International Magnastor Cask System Amendment No. 15

ML23241B053
Person / Time
Site:	07201031
Issue date:	08/29/2023
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML23241B052	List: ML23241B053 ML23241B054
References
ED20230099
Download: ML23241B053 (1)

Text

ED20230099 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com August 29, 2023 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 15 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. 10, January 18, 2023

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

Revision 13, NAC International, February 2023

3. ED20230123, Submission Data Files to Support the Request to Amend the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No.15, August 29, 2023 NAC International (NAC) hereby submits a request to amend Reference 1. The following provides a brief summary of the amendment application:

• The addition of a new variation of the Lightweight MAGNASTOR Transfer Cask (LMTC)

Reduced Width LMTC.

• The addition of a new concrete cask design known as CC8. CC8 is based on the CC7 configuration and uses high density concrete for enhanced shielding.

• Increased the maximum system heat load capacity.

• Added new PWR loading patterns L, M, and N, (Pattern N is a short loading pattern).

• Addition of a Thermal Shunt to allow for short loading patterns.

• Added new BWR loading patterns E, and F.

• Removed 5% Burn Up "penalty".

• PMTC Heat Load Increase (30kW to 35.5kW including Preferential Loading Pattern B)".

• Revised previously approved drawings for the; Concrete Cask for CC8, PMTC, and LMTC.

• Technical Specification, Appendix A revisions to include; increased heat loads and loading patterns.

• Technical Specification, Appendix B revisions to include; increased heat loads and loading patterns, removal of cool time tables B2-13 through B2-43.

ED20230099 U.S. Nuclear Regulatory Commission August 29, 2023 Page 2 of 2 Note, the changes to the FSAR requested herein relied heavily on the changes requested Amendment 11, therefore, draft FSAR revision 14 was used as the based document for this submittal. The headers of the FSAR indicate the revision of each page and in some cases state MAGNASTOR System FSAR, October 2023, Docket No. 72-1031 Revision 14. This aligns with effective date of the Federal Register Posting of October 16th. Additionally, the proposed changes to the Technical Specifications, Appendix A and B, are based on the MAGNASTOR Amendment 12 that has been posted in the Federal Register and will be effective on October 16th.

Enclosed in this amendment package are the Revision 23A changed pages to Reference 2 that support revising Reference 1. Enclosures 3 and 4 detail the list of FSAR and drawing changes, respectively. Enclosure 1 contains the proposed Technical Specification changes for this amendment. NAC is providing supporting proprietary calculations in Enclosure 2 for the listed changes. Data files for those calculations are being provided via Reference 3. Revision bars mark the FSAR text changes on the Revision 23A pages (Enclosure 5). The included List of Effective Pages (Enclosure 5) identifies the revision level of all pages in the Reference 2.

This submittal includes one proprietary and non-proprietary version of this package. Consistent with NAC administrative practice, this proposed FSAR revision is numbered to uniquely identify the applicable changed pages. Upon final acceptance of this application, the 23A 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.

NAC is requesting an effective date for this amendment to be prior to July 2025.

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

Sincerely, Heath Baldner Director, Licensing Engineering

Enclosures:

- Proposed CoC Changes, MAGNASTOR Amendment 15, Revision 23A - Supporting Calculations for MAGNASTOR FSAR, Amendment 15, Revision 23A - List of Changes for MAGNASTOR FSAR, Amendment 15, Revision 23A - List of Drawing Changes for MAGNASTOR FSAR, Amendment 15, Rev. 23A - FSAR Changed Pages and LOEP for MAGNASTOR FSAR, Amendment 15, Revision 23A Heath M. Baldner Digitally signed by Heath M. Baldner Date: 2023.08.29 17:02:19 -04'00'

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230099 Page 1 of 3 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 2 Sun Court, Suit 220, 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.

• - Supporting Calculations for MAGNASTOR FSAR, Amendment 15, Revision 23A

• - List of Drawing Changes for MAGNASTOR FSAR, Amendment 15, Rev. 23A

• - FSAR Changed Pages and LOEP for MAGNASTOR FSAR, Amendment 15, Revision 23A - Proprietary Version 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.

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230099 Page 2 of 3

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.