ML25259A067
| ML25259A067 | |
| Person / Time | |
|---|---|
| Site: | 07105362, 07103105 |
| Issue date: | 05/15/2025 |
| From: | Baldner H Kanadevia Group, NAC International |
| To: | Schwendenman K Document Control Desk, Office of Nuclear Material Safety and Safeguards, US Dept of Energy, National Nuclear Security Admin |
| Shared Package | |
| ML25259A059 | List: |
| References | |
| NM 87117-5507, ED20250065 | |
| Download: ML25259A067 (1) | |
Text
ED20250065 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com May 15, 2025 Kathryn Schwendenman Director, NNSA Packaging and Transportation Division (NA-ESH-11)
United States National Nuclear Security Administration 24600 20th Street SE KAFB, NM 87117-5507
Subject:
Submission Responses to the Request for Additional Information for a DOT Special Permit for a One-time Shipment of the Natick Irradiator and its Shipping Cask, NRC Certificate of Compliance (CoC) 5362.
References:
- 1.
ED20240080, Submission of an Exemption Request for a One-time Shipment of the Natick Irradiator and its Shipping Cask, NRC Certificate of Compliance 5362, June 18, 2024.
- 2.
U.S. Atomic Energy Commission, Special Permit No. 5362, November 25, 1970, signed by Donald A. Nussbaumer, Chief Fuel Fabrication and Transportation Branch, Division of Material Licensing.
- 3.
U.S. Nuclear Regulatory Commission, Certificate of Compliance for USA/5362/B( ) Certificate Number 5362.
- 4.
ED20240181, Submission of Justification for a DOT Special Permit for a One-time Shipment of the Natick Irradiator and its Shipping Cask, NRC Certificate of Compliance (CoC) 5362, December 5, 2024
- 5.
NNSA Memo From Kathryn Schwendenman Director, NNSA Packaging and Transportation Division (NA-ESH-11), Review Comments on Natick Irradiator Department of Transportation Special Permit Application (Docket No. 5362, Rev. 24B), April 17, 2025 NAC International (NAC) hereby submits responses to the review comments provided in Reference 5.
These responses can be found in Enclosure A to this letter (ED20250065). The updated Special Permit application has been revised to address the review comments and is uniquely marked as Revision 25A, however since the application will eventually be submitted to DOT it is marked as an initial submittal without change bars.
Included in this submittal is a copy of the proprietary and nonproprietary Natick Irradiator Justification for a DOT Special Permit. Enclosure 1 contains the calculations used to support Justification for a DOT Special Permit. Enclosure 2 contains design input supporting documents. Enclosure 3 contains the Justification for a DOT Special Permit Revision 25A.
ED20250065 U.S. National Nuclear Security Administration May 15, 2025 Page 2 of 2 This submittal contains NAC proprietary information and Attachment 1 is a signed affidavit, executed by Mr. George Carver, Vice President, Engineering and Support Services, requesting this proprietary information be withheld from public disclosure in accordance with 49 CFR 105.30(a) 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).
If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1252.
Sincerely, Heath Baldner Director, Licensing Engineering Attachment - NAC International Inc. Affidavit
Enclosure:
Enclosure A - RAI Responses Updated Natick Irradiator Justification for a DOT Special Permit
Enclosures:
- Supporting Calculations - Supporting Design Input Documents - Justification for a DOT Special Permit Heath Baldner Digitally signed by Heath Baldner Date: 2025.05.15 09:57:56 -04'00'
ED20250065 NAC International Inc.
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 49 CFR 105.30(a)
ED20250065 Page 1 of 3 George Carver (Affiant), Vice President, Engineering and Licensing, 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 to support the review of the Natick Irradiator Justification for a DOT Special Permit:
Enclosure A - RAI Responses - Supporting Calculations - Supporting Design Input Documents - Justification for a DOT Special Permit NAC is the owner of this information that is considered to be NAC Proprietary Information.
- 3. NAC makes this application for withholding of proprietary information based upon the exemption in accordance with 49 CFR 105.30(a) 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.
- 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.
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 49 CFR 105.30(a)
ED20250065 Page 2 of 3
- 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.
- 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 controlled distribution to individuals on a need 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 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
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 49 CFR 10s.30(a)
STATE OF GEORGIA, COUNTY OF GWINNETT Mr. George Carver, being duly sworn, deposes and says:
That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.
Executed at Comers, Georgia, this l4 day of Ma(
,2025 George Carver Vice President, Engineering and Support Services NAC International Inc.
Subscribed and sworn before me this \\{
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