ML23251A136
| ML23251A136 | |
| Person / Time | |
|---|---|
| Site: | OPTIMUS-L |
| Issue date: | 09/08/2023 |
| From: | Baldner H NAC International |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML23251A135 | List: |
| References | |
| EPID L-2022-LLA-0142, ED20230122 | |
| Download: ML23251A136 (1) | |
Text
Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com
September 8, 2023
U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738
Attention: Document Control Desk
Subject:
Submission of Responses to the NRC s Request for Additional Information (RAI) to NACs for the NAC OPTIMUS -L Transportation Package, Certificate of Compliance 71-9390
Docket No. 71-9390 EPID No. EPID L-2022-LLA-0142
References:
- 1. USNRC CoC No. 9390, Revision 1, Model No. NAC OPTIMUS -L Transportation Package, Dated January 24, 2022
- 2. ED20210192, Submission of the NAC OPTIMUS -L Transportation Package, Safety Analysis Report, November 12, 2021
- 3. ED20220156, Notification of Intent to Submit a Request for a Revision to NAC OPTIMUS -L Transportation Package, Certificate of Compliance 71-9390, September 29, 2022
- 4. ED20220161, Submission of Data Files to Support the Submission of a Request for a Revision to Certificate of Compliance (CoC) No. 9390 for the NAC-OPTIMUS-L Transport Cask to Authorize the Transport of TRISO compacts, November 1, 2022
- 5. Request for a Revision to NAC OPTIMUS -L Transportation Package, Certificate of Compliance 71-9390
- 6. Additional Drawing changes for the Request for a Revision to NAC OPTIMUS -L Transportation Package, Certificate of Compliance 71-9390
- 7. Request for Additional Information for the Review of the Model No.
OPTIMUS-L Package, July 17, 2023
ED20230122 Nuclear Regulatory Commission September 8, 2023 Page 2 of 3
NAC International (NAC) hereby provides responses to the NRCs RAI for our request to revise the NAC OPTIMUS -L Transportation Package, Certificate of Compliance 71-9390, (Reference
- 1) to permit the transport of TRISO compacts. The responses to the NRC RAIs can be found in of this letter. Additionally, NAC has revised license drawing 70000.14-L550 and L551 which were revised in response to RAIs for the OPTIMS-H Transportation Package currently undergoing review. These revisions clarify applicable codes for welding procedures, qualifications, weld examination and acceptance criteria. Since those drawings are common to both packages they are required to be updated with this submittal.
Consistent with NAC administrative practice, this proposed SAR revision is numbered to uniquely identify the applicable changed pages. This submittal includes copies of both the proprietary and non-proprietary of the SAR changes, which can be found in Enclosure 4. The list of drawing changes are included in Enclosure 2. Enclosure 5 contains calculations used to support the requested changes. The list of SAR changes can be found in Enclosure 3. Revision bars mark the SAR text changes on the Revision OPTIMUS -L-23B pages. In accordance with NACs administrative practices, upon final ac ceptance of this application, the OPTIMUS -L-22A, 23A and 23B changed pages will be reformatted and incorporated into the next revision of the NAC-OPTIMUS -L SAR.
This SAR revision contains NAC proprietary information. Attachment 1 is a signed affidavit, executed by Mr. George Carver, Vice President, Engineering and Support Services, requesting this proprietary information be withheld from public disclosure via 10 CFR 2.390.
NAC has recently moved its corporate headquarters and requests that upon the issuance of the CoC our address be updated as follows;
NAC International 2 Sun Court, Suite 220 Peachtree Corners, GA 30092
If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1252.
ED20230122 Nuclear Regulatory Commission September 8, 2023 Page 3 of 3
Sincerely,
Heath Baldner Director, Licensing
Attachments: NAC International Inc. Affidavit Pursuant to 10 CFR 2.390
Enclosures:
Responses to the NRCs Request for Additional Information List of Drawing Changes, NAC-OPTIMUS -L SAR, Revision 23B List of SAR Changes, NAC-OPTIMUS -L SAR, Revision 23B NAC-OPTIMUS -L, LOEP and SAR Pages Revision 23B List of Calculations, NAC-OPTIMUS -L SAR, Revision 23B
ED20230122 Attachment 1
NAC International Inc.
Affidavit Pursuant to 10 CFR 2.390
ED20230122 NAC INTERNATIONAL INC.
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 2 Sun Court, Suite 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 review of NACs Cons olidated Safety Analysis Report for a Certificate of Compliance (CoC) (No. 9390) for the NAC-OPTIMUS -L Transport Package.
Enclosure 1 Responses to the NRCs Request for Additional Information Enclosure 2 List of Drawing Changes, NAC-OPTIMUS-L SAR, Revision 23B Enclosure 4 NAC-OPTIMUS-L, LOEP and SAR Pages Revision 23B Enclosure 5 List of Calculations, NAC-OPTIMUS-L SAR, Revision 23B
NAC is the owner of this information that is considered to be 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 Inform ation 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 fi nancial information obtained from a person, and privileged or confidential (Exemption 4). The in formation 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.
ED20230122 Page 1 of 3 NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 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 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 limite d 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 in formation 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.
ED20230122 Page 2 of 3