ML20203A836

Informs That Listed Documents Will Be Withheld from Public Disclosure,Per 10CFR2.790,as Requested by

ML20203A836
Person / Time
Site:	07109268
Issue date:	12/05/1997
From:	Haughney C NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
To:	Massey J SIERRA NUCLEAR, INC.
References
TAC-L22232, NUDOCS 9712120232
Download: ML20203A836 (2)

Text

, .

[pancy*t UNITED STATES j

' NUCLEAR REGULATORY COMMISSION g

WASHINGTON, D.C. 30eepoot

. m , *}$ Deceraber 5,1997 Mr. John V. Massey, President Sierra Nuclear Corporation One Victor Square ScottsValley,CA 95066

SUBJECT:

PUBLIC DISCLOSURE DETERMINATICN (TAC NO. L22232)

Dear Mr. Massey:

Sierra Nuclear Corporation's (SNC) letter dated October 15,1997 (SNC-97102), contained an affidavit executed October 16,1997, by Mr. Thomas J. Wenner. The affidavit requested that the following detailed system component drawings and calculations, which support information in SNC's TranStor Shipping Cask System safety analysis report, be withheld from public disclosure pursuant to 10 CFR 2.790:

- Drawing IL-001, Revision 3. TranStor System impact Limiter Assembly, Sheets 1 and 2.

- Drawing SPA-001, Revision 3, Transtor System Package As.sembly, Sheets 1 and 2.

Design Calculation BNFLO.10.06.01, Revision 3, Weight and C.G. Calculation.

- Design Calculation RNFLO.10.06.02, Revision 3, impact Limiter Analysis.

Design Calculation BNFLO.10.00.60, Revision 2, Dynamic Load Factor For The TranStor Cask Drop.

- Document IL-TP-001, Revision 0, TranStor Quarter Scale Model Impact Limiter Test Plan.

In the affidavit you stated that the submitted information should be withheld from public disclosure for the following reasons:

1. The information contained within the proprietary material is calcuhted data results of design calculations, components design details, and critical dimens'ons which were developed by SNC. This type of information is normally held in confidence by those who invest time and money in its development.

2. The information contained within the proprietary material has and is held in confidence by GNC, and the information which is being claimed as trade secrets and privileged y ,

information is not available in public sources. O

3. SNC has invested a considerable amount of time, engineering labor, and money in the development of the information. Public disclosure of this information would cause substantial harm to SNC's competitive position. Others, seeking to design similar j h storage cask syste.ms, would have to make similar investments to develop the information on their own, as long as the information is not disclosed to the public.

9712120232 971205 PDR ADOCK 07109268 ~

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( Mr. John V. Massey .

On the' tiasis of your submittal, our review of the above listed documents, and in hght of the requirements of 10 CFR 2.790, we have determined that the above listed documents should be withheld from public disclosure pursuant to 10 CFR 2.790. Houever, since it is the policy of the Nuclear Regulatory Commission to achieve an effective balance between legitimate concems for protection of competitive positions and the right of the public to be fully apprised as to the basis for and effects of licensing and rulemaking actions, appropriate non-proprietary drawings are required for placement in the public document room (PDR). By SNC letters dated March 12, 1997, and July 2,1997, you provided non-proprietary responscs that have been placed in the PDR.

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 ulis 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 disclosure should change in the future such that the information could then be mado available for public inspection, you should p.omptly notify the NRC, Please be advised 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 withheld information. In all review situations,if the NRC makes a determination adverse to the above, you will be notified in advance of any public disclosure.

In the October 15,1997, letter, Mr Wenner requested staff approval of the impact Limiter Test Plan, IL-TP-001, Revision 0, before SNC proceeds with its test program. Please be advised that the Commission does not approve test plans or procedures; however, we appreciate being informed of your test approach as you have presented in your Test Plan. We have reviewed your Test Plan and have no technical objections. We do note, however, that in keeping with good test protocol, you intend to conduct a static test to validate the impact limiter force deflection curve.

Sincerely, ORIGINAL SIGNED BY /5/

Charles J. Haughney, Acting Director Spent Fuel Project Office Office of Nuclear Material Safety and Safeguards Docket 71-9268 Distribution: (Control No. 010S)

Docket NRC File Center PUBLIC NMSS r/f SFPO r/f SFLS r/f SShankman FSturz *see previous concurrence OFC SFPO* C SFP C OGC k C SFPO S SFPO NAME D4ed dd V arpe MPSiem en EJLeeds CHaug y DATE 11/18/97 12/ t\/97 12/b97 12/ 1 12/ l97 C = COVER E = COVER & ENCLOSURE N = NO COPY OFFICIAL RECORD COPY G:\SIERNUCL\ PROP \SNC97102. PRO 12/5/97 :dd 1

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