ML24295A371
| ML24295A371 | |
| Person / Time | |
|---|---|
| Site: | 07201025 |
| Issue date: | 10/22/2024 |
| From: | Kristina Banovac Storage and Transportation Licensing Branch |
| To: | Baldner H NAC International |
| References | |
| EPID: L-2023-LLA-0149, EPID: L-2023-LLA-0148 | |
| Download: ML24295A371 (1) | |
Text
From:
Kristina Banovac To:
Heath Baldner Cc:
Yoira Diaz Sanabria
Subject:
Approval of NAC Request for Withholding Information from Public Disclosure for the Submittal of NAC-MPC Amendment No. 9 and Revisions to Amendment Nos. 6, 7, and 8 Date:
Tuesday, October 22, 2024 1:42:00 PM
Dear Heath Baldner:
By letters dated February14, 2024, and May14, 2024 (Agencywide Documents Access and Management System (ADAMS) Package Accession Nos. ML24040A027 and ML24135A322, respectively), NAC International (NAC) submitted affidavits, executed by Doug Jacobs (Vice President, Storage Projects, NAC International) and George Carver (Vice President, Engineering and Support Services, NAC International), requesting that the following documents, submitted in support of the application for Amendment No.9 and Revisions to Amendment Nos.6, 7, and 8 of the Certificate of Compliance No. 1025 for the NAC Multi-Purpose Canister (NAC-MPC) System, be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10CFR), Part 2, Section 2.390:
February14, 2024, submittal requested to be withheld:
February14, 2024, submittal, Enclosure 2: NAC Supporting Calculation 63004500-5013, Revision 0 (Proprietary), ML24040A030
May14, 2024, submittal requested to be withheld:
May14, 2024, submittal, Enclosure 1: Responses to NAC-MPC Request for Additional Information, information on p. 4 of 9 (Proprietary), ML24135A325
Nonproprietary copies of the documents have been placed in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the ADAMS Public Electronic Reading Room: February14, 2024, submittal at ML24040A029, and May14, 2024, submittal at ML24135A324.
The affidavits submitted to support the withholding of the information stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
- 1. The information sought to be withheld is being submitted to the NRC in confidence.
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 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.
- 2. 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.
- 3. 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 profitmaking 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.
We have reviewed your application and the material in accordance with the requirements of 10CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Therefore, the versions of the submitted information marked as proprietary 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 Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be notified in advance of the date of public disclosure which will be a reasonable time thereafter.
If you have any questions regarding this matter, please contact me at (301) 415-7116 or Kristina.Banovac@nrc.gov.
Sincerely, Kristina L. Banovac, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Office of Nuclear Material Safety and Safeguards
Docket No.: 72-1025 CAC/EPID Nos.: 001028/ L-2023-LLA-0149 and L-2023-LLA-0148 ADAMS Accession No. ML24295A371