ML18192A157

Letter to K. Manzione Holtec International Certificate of Compliance No. 1008 - Request for Withholding Information from Public Disclosure

ML18192A157
Person / Time
Site:	07201008
Issue date:	07/10/2018
From:	Siva Lingam Spent Fuel Licensing Branch
To:	Manzione K Holtec
Lingam S
References
EPID L-2017-LLA-0027
Download: ML18192A157 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 July 10, 2018 Ms. Kimberly Manzione Licensing Manager Holtec International One Holtec Blvd.

Camden, NJ 08104

SUBJECT:

HOLTEC INTERNATIONAL CERTIFICATE OF COMPLIANCE NO. 1008 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (EPID NO. L-2017-LLA-0027)

Dear Ms. Manzione:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated April 29, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16133A518), you submitted an affidavit dated April 29, 2016, executed by you, requesting that the information contained in the following proprietary document for the HI-STAR 100 dry cask storage system package be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

1. Holtec International Response to NRC RAIs on HI-STAR 100 (Attachment No. 2 to the letter dated April 29, 2016).

2. Key System Data for HI-STAR 100 (Attachment No. 6 to the letter dated April 29, 2016).

3. Thermal Performance Comparison - Boral versus Metamic for the HI-STAR 100 and MPC-32 (Attachment No. 7 to the letter dated April 29, 2016).

4. Shielding Analyses for HI-STAR 100 System with MPC-32 for Storage (Attachment No. 8 to the letter dated April 29, 2016).

Non-proprietary copies of the above documents 1 and 2 were placed in NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession Nos.

ML16133A509, ML16133A513, respectively).

Due to the extent of proprietary information found in the above documents 3 and 4, the applicant was not required to submit non-proprietary version of the documents.

Your affidavit dated April 29, 2016, stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtecs

K. Manzione competitors without license from Holtec International constitutes a competitive economic advantage over other companies.

b. Information which, if used by a competitor, would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing of a similar product.

e. Information which 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 10 CFR 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 version(s) of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(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 need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.

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 of the date of public disclosure, in advance, which will be a reasonable time thereafter.

If you have any questions regarding this matter, you may contact me at 301-415-1564 or Siva.Lingam@nrc.gov.

Sincerely,

/RA/

Siva P. Lingam, Project Manager Spent Fuel Licensing Branch Division of Spent Fuel Management Office of Nuclear Material Safety and Safeguards Docket No. 72-1008 EPID No. L-2017-LLA-0027

ML18192A157 OFC DSFM DSFM DSFM WWheatley NAME SLingam JMcKirgan via email DATE 7/9/18 7/9/18 7/10/18