ML24044A221

NAC International, Supplement to the Amendment Request for the NAC International Universal Storage System (Ums) Amendment No. 10

ML24044A221
Person / Time
Site:	07201015
Issue date:	02/13/2024
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML24044A220	List: ML24044A221
References
ED20240026
Download: ML24044A221 (1)

Text

Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com February 13, 2024

U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738

Attn: Document Control Desk

Subject:

Supplement to the Amendment Request for the NAC International Universal Storage System (UMS) Amendment No. 10

Docket No. 72-1015

References:

1. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. 1015 for the NAC International Universal Storage System (UMS)

System, Amendment No. 9, July 22, 2022

2. NAC-UMS System Final Safety Analysis Report (FSAR), Revision 16, NAC International, November 14, 2022

3. ED20230029, 10 CFR 72.242 Reportable Licensing Basis Non-Mechanistic Tip-over Evaluation Deficiency for the NAC-UMS and MAGNASTOR Dry Cask Storage Systems, March 10, 2023

4. ED20230124, Submission of an Amendment Request for the NAC International Universal Storage System (UMS) Amendment No. 10, October 10, 2023

5. ED20230127, Submission of Data Files to Support the Nuclear Regulatory Commissions (NRC) Review of NAC -UMS Amendment No. 10 (Submittal 23A), October 10, 2023

NAC International (NAC) hereby submits a supplement to our request to revise Amendments 5 thru 9 via the issuance of a Certificate of Compliance (CoC) revisions (reference 4). This supplement provides an explanation of the changes being requested from calculation 71160-2025, revision 1, to 71160-2026, revision 1.

Per Attachment 1 to this letter, NAC requests information in Enclosures 1 to be withheld from public disclosure per 10 CFR 2.390. In accordance with NACs administrative practices, upon final acceptance of this application, 23A changed pages will be reformatted and incorporated into the next revision of the NAC-UMS SAR.

ED20240026 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com U.S. Nuclear Regulatory Commission February 13, 2024 Page 2 of 2

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

Sincerely,

Heath Baldner Director, Licensing Engineering

Attachment:

NAC International Inc. Affidavit Pursuant to 10 CFR 2.390

Enclosure:

Request for Clarification

ED20240026 NAC INTERNATIONAL

AFFIDAVIT PURSUANT TO 10 CFR 2.390

Doug Jacobs (Affiant), Vice President, Storage Projects, of NAC International, 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 technical review of NACs Re quest for a Certificate of Compliance (CoC) (No.

1031) for the NAC International MAGNASTOR Cask System.

Enclosure 1 Request for Clarification

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 Informati on 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 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.

ED20240026 Page 1 of 3 NAC INTERNATIONAL

AFFIDAVIT PURSUANT TO 10 CFR 2.390

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 Sp ecialist, 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 pro cedure 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 comprehe nsive 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.

ED20240026 Page 2 of 3