ML24179A059

Submittal of Responses to the Nuclear Regulatory Commission Request for Additional Information for NAC International Universal Storage System (Ums) Amendment No. 10

ML24179A059
Person / Time
Site:	07201015
Issue date:	06/26/2024
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML24179A058	List: ML24179A059 ML24179A060
References
CAC 001028, EPID L-2023-LLA-0154, ED20240086
Download: ML24179A059 (1)

Text

ED20240086 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com June 26, 2024 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of Responses to the Nuclear Regulatory Commission Request for Additional Information for NAC International Universal Storage System (UMS)

Amendment No. 10 Docket No. 72-1015 CAC/EPID - 001028/L-2023-LLA-0154

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 NAC-UMS System Final Safety Analysis Report (FSAR), Revision 16, NAC International, November 14, 2022 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 ED20230124, Submission of an Amendment Request for the NAC International Universal Storage System (UMS) Amendment No. 10, October 10, 2023 ED20230127, Submission of Data Files to Support the Nuclear Regulatory Commission¶s (NRC) Review of NAC-UMS Amendment No. 10 (Submittal 23A), October 10, 2023 ED20240026, Supplement to the Amendment Request for the NAC International Universal Storage System (UMS) Amendment No. 10, February 13, 2024 U.S. Nuclear Regulatory Commission, Request for Additional Information for the Technical Review of the Application for Amendment nos. 5 to 9, Revision No. 1, and Amendment No. 10, Revision 0, to Certificate of Compliance No. 1015, May 20, 2024

ED20240086 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com U.S. Nuclear Regulatory Commission June 26, 2024 Page 2 of 2 NAC International Inc. (NAC) hereby submits responses to the NRC Request for Additional Information (RAI) issued on May 20, 2024 (reference 7). Our responses to the RAIs can be found in Enclosure 1. This submittal includes copies of both the proprietary and non-proprietary submittal. Consistent with NAC administrative practice, this proposed FSAR revision is numbered to uniquely identify the applicable changed pages. Additionally, revision bars mark the FSAR text changes on the Revision UMS-24A pages.

Per Attachment 1 to this letter, NAC requests information in Enclosures 1 and 3 to be withheld from public disclosure per 10 CFR 2.390. In accordance with NAC¶s administrative practices, upon final acceptance of this application, 23A and 24A changed pages will be reformatted and incorporated into the next revision of the NAC-UMS FSAR.

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

Sincerely, Heath Baldner Director, Licensing Engineering +/- NAC International Inc. Affidavit Pursuant to 10 CFR 2.390

Enclosures:

+/- Responses to NRC Request for Additional Information +/- List of FSAR Changes, NAC-UMS FSAR, Revision 24A +/- NAC-UMS, LOEP and FSAR Changed Pages Revision 24A

NAC INTERNATIONAL INC.

AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20240086 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, Suite 220, Peachtree Corners, Georgia 30092, being duly sworn, deposes and says that:

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.

The information to be withheld includes the following NAC Proprietary Information that is being provided to support the technical review of NAC¶s Request for a Certificate of Compliance (CoC)

(No. 1015) for the NAC International NAC-UMS Cask System. +/- Responses to NRC Request for Additional Information +/- NAC-UMS, LOEP and FSAR Changed Pages Revision 24A 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 (³FOIA'); 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 ³trade 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 ³confidential commercial information,' and some portions may also qualify under the narrower definition of ³trade 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 INC.

AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20240086 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 ³controlled distribution' to individuals on a ³need 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 NAC¶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.