ML25142A332

Enclosure 1, Affidavit, Letter Dated 5/22/25 from Fkrattner and Dbussmann (Gns) to Dfm, Director (Nrc), Castor geo69 Dry Storage System-Submission of Response to Supplemental RAIs and Revised SAR

ML25142A332
Person / Time
Site:	07201052
Issue date:	03/18/2025
From:	Klappert S, Noring R Gesellschaft fur Nuklear-Service mbH
To:	Shana Helton Division of Fuel Management
Shared Package
ML25142A346	List: ML25142A331 ML25142A332
References
001028, L-2021-NEW-0006
Download: ML25142A332 (1)

Text

Enclosure 1 to T1213-CO-00026 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Dr.-Ing. Sascha KLAPPERT, depose and say that I am the Divisional Director of Engineering of GNS Gesellschaft für Nuklear-Service mbH (a company duly organized under the German Law, having its seat at Frohnhauser Strasse 67, 45127 Essen, Germany), duly authorized to execute this affidavit.

I, Dr.-Ing. Rainer NRING, depose and say that I am Divisional Director of Cask Projects of GNS Gesellschaft für Nuklear-Service mbH (a company duly organized under the German Law, having its seat at Frohnhauser Strasse 67, 45127 Essen, Germany), duly authorized to execute this affidavit.

We, Dr.-Ing. Sascha KLAPPERT and Dr.-Ing. Rainer NRING, have reviewed or caused to have reviewed the information which is identified as confidential and referenced in the paragraph below.

We are submitting this affidavit in conformance with the provisions of 10 CFR 2.390 of the Commission's regulations for withholding this information.

The information sought to be withheld from public disclosure is contained in the following documents listed below: of letter T1213-CO-00026, Final Response to Request for additional information, Proprietary Version of letter T1213-CO-00026 Safety Analyses Report (SAR), Dry Storage System CASTOR geo69, GNS Report number 1014-SR-00002, Revision 3, Docket 72-1052, Proprietary Version Proposed Changes to the SAR and Technical Specification Basis send by E-Mail dated March 5", 2025 This documents has been appropriately designated as proprietary.

We have personal knowledge of the criteria and procedures utilized by GNS Gesellschaft für Nuklear-Service mbH in designating information as a proprietary trade secret, privileged or as confidential commercial or financial information.

Pursuant to the provisions of paragraph (b) (4) of Section 2.390 of the Commission's regulations, the following is furnished for consideration by the Commission in determining whether the information sought to be withheld from public disclosure, included in the above referenced document, should be withheld.

(1)

The information sought to be withheld from public disclosure involves certain design details associated with the SAR analyses and SAR drawings of the CASTOR geo69 transport package and dry storage system design, which are owned and have been held in confidence by GNS Gesellschaft für Nuklear-Service mbH.

(2)

The information is of a type customarily held in confidence by GNS Gesellschaft für Nuklear-Service mbH and not customarily disclosed to the public. GNS Gesellschaft für Nuklear-Service mbH has a rational basis for determining the types of information customarily held in confidence by it.

(3)

The information is being transferred to the Commission in confidence under the provisions of 10 CFR 2.390 with the understanding that it is to be received in confidence by the Commission.

(4)

The information, to the best of our knowledge and belief, is not available in public sources, and any disclosure to third parties has been made pursuant to regulatory provisions or confidentiality agreements which provide for maintenance of the information in confidence.

(5)

Public disclosure of the information is likely to cause substantial harm to the competitive position of GNS Gesellschaft für Nuklear-Service mbH because:

(a)

A similar product is manufactured and sold by competitors of GNS Gesellschaft für Nuklear-Service mbH.

(b)

Development of this information by GNS Gesellschaft für Nuklear-Service mbH required expenditure of considerable resources. To the best of our knowledgeand belief, a competitor would have to undergo similar expense in generating equivalent information.

(c)

In order to acquire such information, a competitor would also require considerable time and inconvenience related to the development of a design and analysis of a cask for the dry storage and transport of spent nuclear fuel.

(d)

The information required significant effort and expense to obtain the licensing approvals necessary for application of the information. Avoidance of this expense would decrease a competitor's cost in applying the information and marketing of the product to which the information is applicable.

(e)

The information consists of design features, analyses methods and calculation results related to the design and analyses of a dry storage system of spent nueclear fuel, the application of which provide a competitive economic advantage. The availability of such information to competitors would enable them to modify their product to unfairly get a better competitive position with GNS Gesellschaft für Nuklear-Service mbH, take marketing or other actions to improve their product's position or impair the position of GNS Gesellschaft für Nuklear-Service mbH's product while avoiding the expense of developing similar data and analyses in support of their processes, methods or apparatus.

(f)

In pricing GNS Gesellschaft für Nuklear-Service mbH's products and services, significant research, development, engineering, analytical, licensing, quality assurance and other costs and expenses must be included. The ability of GNS Gesellschaft für Nuklear-Service mbH's competitors to utilize such information without similar expenditure of resources may enable them to sell at prices reflecting significantly lower costs.

2

GNS Gesellschaft für Nuklear-Service mbH Date:.e +/-?E, Dr.-Ing! Rainer NORING I

- Divisional Director of a k Projects -

Date:

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- Divisional Director of Engineering -

GNS Gesellschaft für Nuklear-Service mbH subscnbed and sworn to me before mm/R" <</ors2o2s Notary lie (Unterschrift des Notars) 3

Number GO-100 of Notary's List of Deeds for 2025 I herewith certify that the foregoing signatures are given by Dr.-lng. Rainer Nring, born on November 27, 1968, personally known to me and previously identified in accordance with Section 12 (1) No. 1 of the German Money Laundering Act (GwG) by valid identity docu-ment with photo, and Dr.-lng. Sascha Klappert, born on August 21, 1972, personally known to me and previously identified in accordance with Section 12 (1) No. 1 of the German Money Laundering Act (GwG) by valid identity docu-ment with photo, both with their business address at Frohnhauser Str. 67, 45127 Essen.

The signatures were given today before me in Frohnhauser Str. 67, 45127 Essen.

Obligatory Statement according to German law:

According to Sec. 3 Para. 1 S. 1 No. 7 German Notarisation Law the Notary Public asked the appearers whether he or any member of his firm had acted in the matter which is the subject of this instrument, except in a notarial capacity. The appearers replied in the negative.

Essen, March 18, 2025 (Dr~)

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APOSTILLE (Convention de La Haye du 5 octobre 1961)

1. Country/ Land:

Federal Republic of Germany/ Bundesrepublik Deutschland This public document/ Diese ffentliche Urkunde

2. has been signed by/ ist unterschrieben von Notary Public Dr. Joachim Gores/ Notar Dr. Joachim Gores

3. acting in the capacity of/ in seiner Eigenschaft als Notary Public in Essen / Notar in Essen

4. bears the seal / sie ist versehen mit dem Siegel of the Notary Public Dr. Joachim Gores in Essen / des Notars Dr. Joachim Gores in Essen Certified/Besttigt 5.

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s s e n 6.the /am 26 MRZ.

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by/ durch the President of the Regional Court Essen/

die Prsidentin des Landgerichts Essen 8.

No./unter Nr. 91E 1/l 9/002S 9.

Seal / Stamp Siegel / Stempel:

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