ML24235A549

Responses to the NRCs Request for Supplemental Information for the Volunteer Transportation Package

ML24235A549
Person / Time
Site:	07109403
Issue date:	08/22/2024
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML24235A548	List: ML24235A549 ML24235A551
References
EPID L-2023-NEW-0007, ED20240119
Download: ML24235A549 (1)

Text

ED20240119 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com August 22, 2024 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn:

Document Control Desk

Subject:

Responses to the NRCs Request for Supplemental information for the Volunteer Transportation Package Docket Number 71-9403 EPID: L-2023-NEW-0007

References:

1. Volunteer Safety Analysis Report (SAR), Revision 24A, May 2024

2. NRC Correspondence, Request for Supplemental Information for the Review of the Model no. Volunteer Package, July 16, 2024

3. ED20240053, Request for Nuclear Regulatory Commission¶s (NRC) Approval of the Volunteer Transportation Package May 17, 2024 NAC International Inc. (NAC) hereby provides responses to the NRC Request for Supplemental Information (RSI) issued on July 16, 2024 (Reference 2). The RSI responses are contained in Enclosure

1. This submittal package contains copies of the Proprietary and Non-proprietary submittal and the associated Volunteer SAR changes (Enclosure 1 and Enclosure 5 respectively). Each page of the revised SAR is marked 24B in the header. A list of these changes can be found in Enclosure 4 the ³List of SAR Changes'. Proprietary calculations supporting the approval of the package are included in Enclosure 2.

The changes to Volunteer SAR Licensing drawings are included in Enclosure 3. The proprietary version of this submittal is marked as ³NAC Proprietary Information.' An Affidavit pursuant to 10 CFR 2.390 is provided via Attachment 1 to this letter. In accordance with NAC¶s administrative practices, upon final acceptance of this application, the 24A, and 24B changed pages will be reformatted and incorporated into the initial revision of the Volunteer Safety Analysis Report If you have any comments or questions, please contact me at 678-328-1252.

Sincerely, Heath Baldner Director, Licensing Attachment +/- NAC International Affidavit Pursuant 10 CFR 2.390 Enclosures - RSI Responses +/- VOLUNTEER Supporting Calculation, Rev. 24B +/- List of Drawing Changes, Rev. 24B +/- List of SAR Changes, Rev. 24B +/- VOLUNTEER LOEP AND SAR Pages, Rev. 24B

ED20240119 Page 1 of 3 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. - RSI Responses +/- VOLUNTEER Supporting Calculation, Rev. 24B 12414-2202, Revision 2 +/- List of Drawing Changes, Rev. 24B +/- VOLUNTEER LOEP AND SAR Pages, Rev. 24B 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 (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. 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.

ED20240119 Page 2 of 3 NAC INTERNATIONAL 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 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.

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.