ML24225A058

Email – Approval of NAC International Request for Withholding Information from Public Disclosure for Responses to Certificate of Compliance No. 1015 Request for Additional Information

ML24225A058
Person / Time
Site:	07201015
Issue date:	08/01/2024
From:	Christopher Markley Storage and Transportation Licensing Branch
To:	Baldner H NAC International
References
EPID L-2023-LLA-0154, CAC 001028
Download: ML24225A058 (1)

Text

From: Chris Markley To: Baldner, Heath

Subject:

APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR RESPONSES TO COC NO. 1015 RAI (EPID L-2023-LLA-0154)

Date: Thursday, August 1, 2024 1:17:00 PM Attachments: image003.png image004.png image005.png image006.png image007.png image008.png

Dear Heath Baldner:

By letter dated October 10, 2023, (Agencywide Documents Access and Management System

[ADAMS] Accession No. ML23283A248), NAC International (NAC) submitted an application requesting revision No. 1 to Amendment Nos. 5 to 9 and Amendment No. 10, revision No. 0 of Certificate of Compliance (CoC) No. 1015 for the Model No. NAC-UMS storage system. By letter dated May 20, 2024 (ML24141A114), the U.S. Nuclear Regulatory Commission (NRC) transmitted a request for additional information (RAI). By letter dated June 26, 2024 (ML24179A059), NAC submitted a response to the NRCs RAI. NACs response included an affidavit from George Carver dated June 26, 2024, executed by Heath M. Baldner, Notary Public in the State of Georgia. You requested that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Enclosure 1 - Responses to NRC Request for Additional Information Enclosure 3 - NAC-UMS, LOEP and FSAR Changed Pages Revision 24A

The submitted affidavit stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things:

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.

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 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.

Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.

Information that reveals aspects of past, present, or future NAC customer-funded development plans and programs of potential commercial value to NAC.

Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.

We have reviewed your application and the material in accordance with the requirements of 10CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Further, these documents may be withheld in whole because the submitted response also contains public versions of these documents with the proprietary materials redacted. Therefore, - Responses to NRC Request for Additional Information and Enclosure 3 - NAC-UMS, LOEP and FSAR Changed Pages Revision 24A will be withheld from public disclosure pursuant to 10CFR 2.390(b)(5) and Section103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents.

If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the NRC. You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a FOIA request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified of the date of public disclosure, in advance which will be a reasonable time thereafter.

In accordance with 10 CFR Part 2, Agency Rules of Practice and Procedure, a copy of this letter will be available electronically for public inspection in the NRC Public Document Room (PDR) or from the Publicly Available Records component of the NRCs Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible from the NRC website at http://www.nrc.gov/reading-rm/adams.html. The PDR is open by appointment. To make an appointment to visit the PDR, please send an email to PDR.Resource@nrc.gov or call 1800397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time (ET), Monday through Friday, except Federal holidays.

Please reference Docket No. 72-1015 and Cost Activity Code System/Enterprise Project Identifier Nos. 001028/L-2023-LLA-0154 in future correspondence related to this request. If you have any questions regarding this matter, please contact me at (301) 415-6293 or at Christopher.Markley@nrc.gov.

Regards,

-Chris

Christopher T. MARKLEY PhD l Systems Performance Analyst l Office of Nuclear Materials Safety and Safeguards l Division of Fuel Management l Storage and Transportation Licensing Branch United States Nuclear Regulatory Commission l Washington, DC 20555-0001 l

christopher.markley@nrc.gov l (: (301) 415-6293 l 7: (301) 415-0020 l