ML23305A046

Submittal of 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, AmendmentNo.15, Supplement 01

ML23305A046
Person / Time
Site:	07201031
Issue date:	10/26/2023
From:	Baldner H NAC International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
Download: ML23305A046 (1)

Text

ANAC

• <* INTERNATIONAL Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 vvww.nacint!.com October 26, 2023 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention:

References:

Document Control Desk 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, AmendmentNo.15, Supplement 01 Docket No. 72-1031

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, January 2023

3. ED20230099, Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 15, August 29, 2023

4.

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

5. ED20230152, Supplement to NAC International's Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No.

15, October 26, 2023 NAC Intern!iti"onal Inc. (NAC) herewith is providing proprietary calculation data files to support the review ofMAGNASTOR Amendment No. 15 Certificate of Compliance (CoC) No. 1031 (Reference 3 and 5). The list of data files being provided on the data disk can be found in Enclosure 1. The data files are proprietary and marked "NAC Proprietary Information". An Affidavit pursuant to 10 CPR 2.390 is provided via Attachment 1 to this letter.

ED20230155

I NAC

. __ INTERNATIONAL U.S. Nuclear Regulatory Commission October 26, 2023 Page 2 of2 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachuee Corners, GA 30092 Phone 770-447-1144 vvvvw.nacinti.com Should there be any questions regarding this request, please contact me via email at hbaldner@nacintl.com or via phone at 678-328-1252.

Sincerely, Heath M. Baldner _DigitallysignedbyHeathM.Baldner

. Bate: 2023.10.26 14:53 :04 -04'00' Heath Baldner Director, Licensing Engineering Attachment - NAC International Affidavit Pursuant 10 CPR 2.390 Enclosures - MAGNASTOR (Submittal 23E) Proprietary Data Disk 1 of 1

. ED20230155

I NAC

.. INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 Doug Jacobs (Affiant), Vice President, Storage Projects, ofNAC International Inc., hereinafter referred to as NAC, at 2 Sun Comt, Suite 220, 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 Infonnation that is being provided in this submittal. -MAGNASTOR Proprietary Calculation -Data Disk 1 of 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 ofinformation Act ("FOIA"); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regulations 10 CFR Pait 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 fr9m 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 infonnation, 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.

ED20230155 Page 1 of 3

ANAC ffffl INTERNATIONAL NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

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 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 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.

ED20230155 Page 2 of3 to ED20230155 Page 3 of3 NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)

STA TE OF GEORGIA, COUNTY OF GWINNETT Mr. Doug Jacobs, 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.

Executed at Peachtree Corners, Georgia, this :J.(;,JL. day of..aJL__, 2023.

1?:(tU~

Doug Jacobs Vice President, Storage Projects NAC International Inc.

Subscribed and sworn before me this j__ {,,/IL day of O o L ~.,

2023.

Notary Public ED20230155

ED20230155 MAGNASTOR, (Submittal 23E)

Proprietary Data Disk

Enclosure I to £D20230155 Page2 of2 Data Disk Contents Structural 71160-2054 RO, MAGNASTOR Structural Evaluation of the CE16-NGF and CE16-HTP Fuel Thermal 71160-3151 R2, Steady State Thermal Evaluation for the Passive MAGNASTOR Transfer Cask (PMTC) with 35.5 kW PWR Canister 71160-3152 RO, MAGNASTOR Thermal Evaluation CE16-NGF and CE16-HTP Fuel 71160-3156 R2, Transient Thermal Evaluation for the Passive MAGNASTOR Transfer Cask (PMTC) with 35.5 kW PWR Canister Shielding 30023-5003 Rl., Evaluation of Closure Lid Recess Effect on Top Dose Rates (LMTC and CC5)

Criticality 30032-6001 RO, MAGNASTOR Criticality Evaluation ofCE16H2 Fuel Type ED20230155