ML23320A202
| ML23320A202 | |
| Person / Time | |
|---|---|
| Site: | 07109390 |
| Issue date: | 11/15/2023 |
| From: | Baldner H NAC International |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML23320A201 | List: |
| References | |
| EPID L-2020-LLA-0202, ED20230153 | |
| Download: ML23320A202 (1) | |
Text
Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com November 15, 2023 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention: Document Control Desk
Subject:
Submission of Supplemental Responses to the NRCs Request for Additional Information to NACs for the NAC OPTIMUS-L Transportation Package, Certificate of Compliance 71-9390, and Safety Analysis Report, Revision 1 Docket No. 71-9390 EPID - L-2020-LLA-0202
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
- 8. ED20230122, Submission of Responses to the NRCs Request for Additional Information (RAI) to NACs for the NAC OPTIMUS-L Transportation Package, Certificate of Compliance 71-9390, September 8, 2023
- 9. P. Saverot, Personal Communication, 3 outstanding issues for OPTIMUS-L TRISO to be resolved before CoC issuance, September 26, 2023 NAC International Inc. (NAC) hereby submits a supplement to the NRC Request for Additional Information (RAI) issued on September 16, 2023 (Reference 7). The responses to the NRC RAIs can be found in Enclosure 1 of this letter. The descriptions of drawing changes associated with the supplemental ED20230153
Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com U.S. Nuclear Regulatory Commission November 15, 2023 Page 2 of 2 RAI response are included in Enclosure 1. A summary of the proposed CoC changes can be found in . Consistent with NAC administrative practice, this proposed SAR revision is numbered to uniquely identify the applicable changed pages with 23C in each changed page header. This submittal includes copies of both the proprietary and non-proprietary of the SAR changes.
This submittal also includes the next revision of the OPTIMUS-L SAR. In accordance with NACs administrative practices, the NAC OPTIMUS-L submittals; -22A, 23A, 23B and 23C have been reformatted and incorporated into revision 1 of the NAC OPTIMUS-L SAR. Enclosure 5 of this submittal contains the full revised OPTIMUS-L SAR identified with Revision 1. Descriptions of the changes for SAR revision 1 can be found in Enclosure 5. This submittal includes copies of both the proprietary and non-proprietary of the SAR. A certificate of the accuracy of the Revision 1 changes, signed by a duly authorized officer of NAC, is provided as Attachment 2.
The proprietary version of this submittal and SAR Revision 1 is marked as NAC Proprietary Information. An Affidavit pursuant to 10 CFR 2.390 is provided via Attachment 1 to this letter.
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 Baldner Director, Licensing Engineering Attachment NAC International Affidavit Pursuant 10 CFR 2.390 Certification of Accuracy of the OPTIMUS-L SAR Enclosures Supplemental Responses to the NRCs Request for Additional Information Proposed Changes for Certificate of Compliance List of OPTIMUS-L SAR Changes (Revision 23C) OPTIMUS-L LOEP and SAR Changed Pages (Revision 23C) OPTIMUS-L - List of SAR Changes, LOEP and SAR (Revision 1)
ED20230153
Attachment 1 NAC International Affidavit Pursuant 10 CFR 2.390 of the OPTIMUS-L SAR (Docket No 71-9390)
RAI Response Supplement and SAR Revision 1 NAC International November 2023 ED20230153
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 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 in this submittal.
Enclosure 1 Supplemental Responses to the NRCs Request for Additional Information Enclosure 4 OPTIMUS-L LOEP and SAR Changed Pages (Revision 23C) Proprietary Version Enclosure 5 OPTIMUS-L - List of SAR Changes, LOEP and SAR (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 9.17(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.
ED20230153
NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
- 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 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 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.
ED20230153
NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 (continued)
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.
Executed at Peachtree Comers, Georgia, this / ~ a y of LUa vun.L , 2023.
George Carver Vice President, Engineering and Support Services NAC International Inc.
Subscribed and sworn before me this /~day of M/Jl<(Jk, , 2023.
Notary Public ED20230153
Attachment 2 Certification of Accuracy of the OPTIMUS-L SAR (Docket No 71-9390)
Revision 1 NAC International November 2023 ED20230153
NAC INTERNATIONAL CERTIFICATION OF ACCURACY PURSUANT TO 10 CFR 72. 248(c)(4)(i)
George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 2 Sun Court, Suite 220, Peachtree Corners, Georgia 30092, being duly sworn, deposes and certifies that:
- 4. Affiant has reviewed the information described in Item 2, is personally familiar with the preparation, checking and verification of that information and is authorized to certify its accuracy.
- 5. The information being certified as accurate includes all of the changes incorporated into the OPTIMUS-L Safety Analysis Report, Revision 1.
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 therein are true and correct to the best of his knowledge, information, and belief.
ee Corners, Georgia, this / ~ 2023.
George Carver Vice President, Engineering and Support Services NAC International ED20230153