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| {{#Wiki_filter:U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Kimberly Manzione, being duly sworn, depose and state as follows: | | {{#Wiki_filter:U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 |
| (1) I have reviewed the information described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
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| (2) The information sought to be withheld is Attachments 1, 3, 5, 6, and 7 to Holtec Letter 5014949, which contain Holtec Proprietary information.
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| (3) In making this application for withholding of proprietary information of which it is the owner, Holtec International relies 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for which exemption from disclosure is here sought is all "confidential commercial information",
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| and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).
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| U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (4) Some examples of categories of information which fit into the definition of proprietary information are:
| | I, Kimberly Manzione, being duly sworn, depose and state as follows: |
| : a. Information that discloses a process, method, or apparatus, including supporting data and analyses, where prevention of its use by Holtec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;
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| : 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. | |
| : c. Information which reveals cost or price information, production, capacities, budget levels, or commercial strategies of Holtec International, its customers, or its suppliers;
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| : d. Information which reveals aspects of past, present, or future Holtec International customer-funded development plans and programs of potential commercial value to Holtec International;
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| : e. Information which discloses patentable subject matter for which it may be desirable to obtain patent protection.
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| The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a and 4.b above.
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| (5) The information sought to be withheld is being submitted to the NRC in confidence. The information (including that compiled from many sources) is of a sort customarily held in confidence by Holtec International, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. 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 2 of 5
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| U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 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 paragraphs (6) and (7) following.
| | (1) I have reviewed the informa tion described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding. |
| (6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec International is limited on a "need to know" basis.
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| (7) The procedure for approval of external release of such a document typically requires review by the staff manager, project manager, principal scientist or other equivalent authority, by the manager of the cognizant marketing function (or his designee), and by the Legal Operation, for technical content, competitive effect, and determination of the accuracy of the proprietary designation. Disclosures outside Holtec International are limited to regulatory bodies, customers, and potential customers, and their agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.
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| (8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec International. This information is classified as proprietary because it contains detailed descriptions of analytical approaches and methodologies not available elsewhere. This information would provide other parties, including competitors, with information from Holtec International's technical database and the results of evaluations performed by Holtec International. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a competitor's position because it would enable Holtecs competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury.
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| U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec International's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original development cost. The value of the technology base goes beyond the extensive physical database and analytical methodology, and includes development of the expertise to determine and apply the appropriate evaluation process. | | (2) The information sought to be withheld is Attachments 1, 3, 5, 6, and 7 to Holtec Letter 5014949, which contain Holtec Proprietary information. |
| The research, development, engineering, and analytical costs comprise a substantial investment of time and money by Holtec International. | | |
| The precise value of the expertise to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, but it clearly is substantial. | | (3) In making this application for withholding of proprietary i nformation of which it is the owner, Holtec In ternational relies 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for whi ch exemption from disclosure is here sought is all "confidential commercial information", |
| Holtec International's competitive advantage will be lost if its competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equivalent understanding by demonstrating that they can arrive at the same or similar conclusions. | | and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purpos es of FOIA Exemption 4 in, respectively, C ritical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Cit izen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983). |
| The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such information available to competitors without their having been required to undertake a similar expenditure of resources would unfairly provide competitors with a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large investment in developing these very valuable analytical tools. | | |
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| | 1of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 |
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| | (4) Some examples of categories of information which fit into t he definition of proprietary information are: |
| | : a. Information that discloses a p rocess, method, or apparatus, inc luding supporting data and analyses, where prevention of its use by Ho ltec's competitors without license from Holtec International constitut es 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. |
| | : c. Information which reveals cost or price information, production, capacities, budget levels, or com mercial strategies of Holtec International, its customers, or its suppliers; |
| | : d. Information which reveals aspects of past, present, or futur e Holtec International customer-funded de velopment plans and programs of potential commercial value to Holtec International; |
| | : e. Information which discloses patentable subject matter for wh ich it may be desirable to obtain patent protection. |
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| | The information sought to be withheld is considered to be propr ietary for the reasons set forth in paragraphs 4.a and 4.b above. |
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| | (5) The information sought to be withheld is being submitted to the NRC in confidence. The information (inc luding that compiled from many sources) is of a sort customarily held in confidence by Holtec Internationa l, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is no t available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursu ant to |
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| | 2of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 |
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| | regulatory provisions or proprietary agreements which provide f or maintenance of the information in confidence. Its initial desig nation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following. |
| | |
| | (6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec Inte rnational is limited on a "need to know" basis. |
| | |
| | (7) The procedure for approval o f external release of such a document typically requires review by the staff manager, project manager, principa l scientist or other equivalent authority, by the manager of the cognizant mar keting function (or his designee), and by the Legal Operation, for tec hnical content, competitive effect, and determination of the accuracy of the pr oprietary designation. Disclosures outside Holtec International are limit ed to regulatory bodies, customers, and potential customers, and thei r agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in a ccordance with appropriate regul atory provisions or proprietary agreements. |
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| | (8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec Internatio nal. This information is classified as pr oprietary because it contains de tailed descriptions of analytical approaches and methodologies not ava ilable elsewhere. This information would provide other parties, includ ing competitors, with information from Holtec International's techn ical database and the results of evaluations performed by Holtec Internationa l. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a compet itor's position because it would enable Holtecs competitor to copy ou r technology and offer it for sale in competition with our company, causing us financial injury. |
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| | 3of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 |
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| | (9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec Inte rnational's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original deve lopment cost. The value of the technology base goes beyond the extensiv e physical database and analytical methodology, and includes development o f the expertise to determine and apply the appropriate evaluation process. |
| | |
| | The research, development, engin eering, and analytical costs comprise a substantial investment of time and money by Holtec International. |
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| | The precise value of the expertis e to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, bu t it clearly is substantial. |
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| | Holtec International's competitive advantage will be lost if it s competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equ ivalent understanding by demonstrating th at they can arrive at the same or similar conclusions. |
| | |
| | The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such informati on available to competitors without their havi ng been required to undertake a similar expenditure of resources would unfairly provide competitors wit h a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large i nvestment in developing these very valuable analytical tools. |
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| | 4of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 |
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| | STATE OF NEW JERSEY ) |
| | ) ss: |
| | COUNTY OF CAMDEN ) |
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| U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY )
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| ) ss:
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| COUNTY OF CAMDEN )
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| Kimberly Manzione, being duly sworn, deposes and says: | | Kimberly Manzione, being duly sworn, deposes and says: |
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| That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief. | | That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief. |
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| Executed at Camden, New Jersey, this 31 st day of August, 2022. | | Executed at Camden, New Jersey, this 31 st day of August, 2022. |
| f~one Licensing Manager Holtec International Subscribed and sworn before me t h i s ~ day of ¥ , 2022. | | f~ one Licensing Manager Holtec International |
| C2 Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES JANUARY 17, 2027 5 of 5}} | | |
| | Subscribed and sworn before me this~ day of ¥, 2022. |
| | C2 |
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| | Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES JANUARY 17, 2027 |
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| | 5 of 5}} |
Letter Sequence Other |
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Initiation
- Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, Request, ... further results|Request]]
- Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance, Acceptance
- Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement, Supplement
Administration
- Withholding Request Acceptance, Withholding Request Acceptance
- Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting, Meeting
Results
- Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, Approval, ... further results|Approval]]
Other: L-23-005, Independent Spent Fuel Storage Installation License Renewal Application, Revision 1 (Cac/Epid No. 001028/L-2022-RNW-0007), ML19276D398, ML20014E677, ML20065N277, ML20065N278, ML20065N280, ML20065N281, ML20065N285, ML20071F156, ML20076D696, ML20094G482, ML20099A180, ML20104C015, ML20104C016, ML20104C018, ML20104C019, ML20105A135, ML20105A136, ML20105A137, ML20105A138, ML20105A139, ML20105A173, ML20111A240, ML20115E377, ML20136A049, ML20136A050, ML20136A051, ML20150A300, ML20150A335, ML20150A421, ML20155K741, ML20155K742, ML20155K743, ML20155K744, ML20160A040, ML20161A088, ML20163A702, ML20163A703, ML20163A704, ML20181A211, ML20181A212, ML20192A328, ML20192A329, ML20212L768, ML20212L769, ML20212L878, ML20223A036, ML20224A287, ML20260H376, ML20261H420... further results
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MONTHYEARML19276D3982019-10-0303 October 2019
Exemption Request to Load and Store Spent Fuel in HI-STORM FW Spent Fuel Casks Utilizing Amendment 1, Revision 1 to CoC No. 1032
Project stage: Other
ML20115E3782019-10-0303 October 2019
Independent Spent Fuel Storage Installation Exemption Safety Evaluation Report
Project stage: Approval
ML20014E6772020-01-0909 January 2020
Fws List of Threatened and Endangered Species That May Occur with Respect to the McGuire Exemption Request
Project stage: Other
ML20015A3142020-01-14014 January 2020
Package: Exemption Request McGuire Nuclear Facility
Project stage: Request
ML20049A0812020-01-31031 January 2020
Holtec International - HI-STORM 100 Storage CoC Renewal Application
Project stage: Request
ML20055F3372020-02-20020 February 2020
Conversation Record - Clarification Call (02/20/2020) on RAI 1 for CoC 1040 Umax Amendment 4
Project stage: RAI
ML20064F6162020-02-29029 February 2020
January 15, 2020, Summary of Meeting with Holtec International, Inc., to Discuss the Upcoming Submittal of the Application for Renewal of the Storage Certificate of Compliance No. 1014 for the HI-Storm 100 Cask System
Project stage: Meeting
ML20063M0152020-03-0303 March 2020
HI-STORM 100 Renewal Presubmittal Meeting (Holtec Slides, 1-15-20)
Project stage: Meeting
ML20064E6222020-03-0303 March 2020
U.S. Nuclear Regulatory Commission Approval of NAC International Request for Withholding Information from Public Disclosure for Coc 1025 Renewal (CAC No. 001028)
Project stage: Withholding Request Acceptance
ML20071J0552020-03-0505 March 2020
Notice of Cancelled Meeting with the U.S. Department of Energy, Idaho Operations Office to Discuss the Upcoming Submittal of the Application for Renewal of the Idaho Spent Fuel Facility License (SNM-2512)
Project stage: Meeting
ML20071F1562020-03-0505 March 2020
Interim Storage Partners, LLC - Affidavit
Project stage: Other
ML20065K2162020-03-0505 March 2020
Notice of Meeting with U.S. Department of Energy, Idaho Operations Office to Discuss the Upcoming Submittal of the Application for Renewal of the Idaho Spent Fuel Facility License (SNM-2512)
Project stage: Meeting
ML20071F1532020-03-0505 March 2020
Interim Storage Partners, LLC - Supplemental Information in Support of Nrc'S Environmental Review
Project stage: Supplement
ML20066K5782020-03-0606 March 2020
Acceptance Review of Request for Amendment No. 7 to Certificate of Compliance No. 1032 for the HI-STORM Flood/Wind Multipurpose Canister Storage System
Project stage: Acceptance Review
ML20065L3442020-03-0606 March 2020
Amendment No. 15 to Certificate of Compliance No. 1014 for the Hi-Storm 100 Multipurpose Canister Storage System - Request for Additional Information
Project stage: RAI
ML20065N2812020-03-0909 March 2020
ISFSI Preamble-License Renewal Order
Project stage: Other
ML20065N2772020-03-0909 March 2020
ISFSI Renewal Cover Letter
Project stage: Other
ML20065N2852020-03-0909 March 2020
ISFSI Renewed Technical Specifications
Project stage: Other
ML20071D9942020-03-11011 March 2020
Submittal of HI-STAR 100 Updated FSAR, Revision 4
Project stage: Request
ML20065N2782020-03-11011 March 2020
ISFSI FRN Notice of Issuance for License Renewal
Project stage: Other
ML20076D6962020-03-11011 March 2020
Interim Storage Partners, LLC - Submittal of Clarifications to Support Nrc'S Continued Review of the Safety Case for the WCS CISF
Project stage: Other
ML20104C0162020-03-30030 March 2020
International - Proposed HI-STORM Umax CoC Amendment 4 Appendix a - Changed Pages
Project stage: Other
ML20104C0152020-03-30030 March 2020
International - Amendment No. 4 to the HI-STORM Umax Canister Storage System
Project stage: Other
ML20104C0192020-03-30030 March 2020
International - Affidavit for Kimberly Manzione
Project stage: Other
ML20104C0182020-03-30030 March 2020
International - HI-STORM Umax Amendment 4 FSAR - Changed Pages
Project stage: Other
ML20104C0202020-03-30030 March 2020
International - HI-STORM Umax Amendment 4 Responses to Requests for Additional Information - Supplemental Information
Project stage: Supplement
ML20065N2802020-03-31031 March 2020
ISFSI License Renewal SER
Project stage: Other
ML20101P3992020-03-31031 March 2020
Interim Storage Partners, LLC - Submittal of Draft Responses for Several Rals and Associated Document Markups from First Request for Additional Information, Parts 1, 2 and Clarifications
Project stage: Draft Request
ML20104C0482020-03-31031 March 2020
International - HI-STORM Umax Amendment 3 Responses to Requests for Additional Information
Project stage: Response to RAI
ML20105A1352020-03-31031 March 2020
Enclosure 1 - Affidavits
Project stage: Other
ML20091L0632020-03-31031 March 2020
Transmittal Letter - CoC 1042 Amendment Number 2 Request for Additional Information
Project stage: RAI
ML20091L0642020-03-31031 March 2020
Enclosure 1 - Request for Additional Information - Non-Proprietary
Project stage: RAI
ML20105A1732020-04-0606 April 2020
Interim Storage Partners, LLC - Affidavits
Project stage: Other
ML20099A1802020-04-0606 April 2020
Application for Renewal of the Certificate of Compliance No. 1014 for the Hi-Storm 100 Storage Cask System Accepted for Review (Cac/Epid Nos. 001028/L-2020-RNW-0007)
Project stage: Other
ML20105A1392020-04-0707 April 2020
Enclosure 8 - Referenced Documents
Project stage: Other
ML20105A1722020-04-0707 April 2020
Interim Storage Partners, LLC - Submittal of Supplemental Information in Support of RAI, Part 3
Project stage: Supplement
ML20105A1372020-04-0707 April 2020
Enclosure 5 - La Changed Pages
Project stage: Other
ML20105A1342020-04-0707 April 2020
Submission of ISP Responses for RAIs and Associated Document Markups from First Request for Additional Information, Parts 2, 3, and 4
Project stage: Request
ML20105A1362020-04-0707 April 2020
Enclosure 3 - RAIs and Responses
Project stage: Other
ML20105A1382020-04-0707 April 2020
Enclosure 7 - SAR Changed Pages
Project stage: Other
ML20100F2952020-04-0909 April 2020
Tn Americas LLC - Submittal of Renewal Application for the TN-68 Dry Storage Cask - CoC 1027
Project stage: Request
ML20104A0402020-04-10010 April 2020
Request for Additional Information for HI-STAR 100 CoC Renewal Application
Project stage: RAI
ML20111A2382020-04-13013 April 2020
International - HI-STORM Umax Amendment 4 Responses to Requests for Additional Information - Supplemental Information
Project stage: Supplement
ML20111A2402020-04-13013 April 2020
Attachment 2: Proposed HI-STORM Umax CoC Amendment 4 Appendix a - Changed Pages (non-proprietary)
Project stage: Other
ML20111A2392020-04-13013 April 2020
Attachment 1: HI-STORM Umax Amendment 4 RAI Supplemental Response (non-proprietary)
Project stage: Supplement
ML20094G4822020-04-15015 April 2020
GEH-Morris QAP Rev 4 Approval
Project stage: Other
ML20092L1732020-04-17017 April 2020
Safety Evaluation Report for the Pacific Gas and Electric Company Humboldt Bay Independent Spent Fuel Storage Installation Quality Assurance Plan HBI-L6 Revision 0
Project stage: Approval
ML20128J2922020-04-27027 April 2020, 28 April 2020
International, Submittal of Responses to Nrc,S 1st Round RAIs for HI-STORM 100 Amendment Number 15
Project stage: Request
ML20128J2932020-04-28028 April 2020
International, Submittal of Responses to Nrc,S 1st Round RAIs for HI-STORM 100 Amendment Number 15
Project stage: Request
ML20120A2282020-04-29029 April 2020
Tn Americas LLC, Response to the Request for Additional Information to Application for Certificate of Compliance No. 1042, Amendment No. 2, to NUHOMS Eos System, (Docket No. 72-1042, CAC No. 001028 EPID: L-2019-LLA-0078)- Request for Extens
Project stage: Request
2020-03-06
[Table View] |
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Category:Legal-Affidavit
MONTHYEARML24309A2962024-11-0404 November 2024
International, Attachment 9: Affidavit in Accordance with 10 CFR 2.390
ML24222A8682024-08-0909 August 2024
Attachment 9 - Affidavit in Accordance with 10 CFR 2.390
ML24109A2102024-04-17017 April 2024
International - Affidavit
ML24046A2602024-02-15015 February 2024
International, Affidavit
ML24018A2022024-01-18018 January 2024
Attachment 3: Affidavit Pursuant to 10CFR2.390
ML23338A3102023-12-0404 December 2023
Attachment 5: Holtec International, Affidavit
ML23321A2202023-11-17017 November 2023
International, Affidavit
ML23263B1272023-09-19019 September 2023
Attachment 4: Affidavit in Accordance with IO CFR 2.390
ML23251A2562023-09-0808 September 2023
Attachment 5: Affidavit Pursuant to 10CFR2.390
ML23076A2782023-03-17017 March 2023
Attachment 5: Affidavit
ML23013A3472023-01-13013 January 2023
Attachment 9 - Affidavit of Kimberly Manzione
ML23005A0022023-01-0404 January 2023
Attachment 6 - Affidavit of Kimberly Manzione
ML23005A2752023-01-0404 January 2023
Attachment 2 - Affidavit of Kimberly Manzione
ML22276A2902022-10-0303 October 2022
Attachment 3: Holtec International - Affidavit
ML22249A3572022-09-0606 September 2022
Attachment 9: Affidavit in Accordance with 10 CFR 2.390
ML22245A1092022-09-0202 September 2022
Attachment 5: Affidavit Pursuant to 10 CFR 2.390
ML22243A2782022-08-31031 August 2022
Attachment 8: Affidavit in Accordance with 10 CFR 2.390
ML22108A2782022-04-18018 April 2022
Attachment 3 - Affidavit of Kimberly Manzione
ML21302A1482021-09-29029 September 2021
Attachment 3: Affidavit Pursuant to 10CFR2.390
ML21223A0562021-08-10010 August 2021
Attachment 10: Affidavit in Accordance with 10 CFR 2.390
ML21221A3302021-08-0909 August 2021
International - Affidavit of Kimberly Manzione
ML21109A3732021-04-19019 April 2021
Attachment 5: Holtec International, Affidavit
ML21092A1672021-04-0202 April 2021
Attachment 5: Affidavit Pursuant to 10 CFR 2.390 to Withhold Information from Public Disclosure
ML21068A3982021-03-0909 March 2021
International, Affidavit
ML20318A3262020-11-13013 November 2020
Attachment 4 - Affidavit
ML20303A2582020-10-29029 October 2020
Attachment 2 - Affidavit
ML20290A8252020-10-16016 October 2020
International, Affidavit of Kimberly Manzione
ML20280A7782020-10-0606 October 2020
International - Affidavit
ML20269A4302020-09-25025 September 2020
International - Affidavit
ML20245E4652020-09-0101 September 2020
International - Affidavit Pursuant to 10 CFR 2.390
ML20182A8112020-06-30030 June 2020
Attachment 6 - Affidavit for Kimberly Manzione
ML20174A4042020-06-22022 June 2020
Attachment 6 - Affidavit
ML20167A0202020-06-12012 June 2020
Affidavit for Kimberly Manzione
ML20164A2982020-06-12012 June 2020
Affidavit for Kimberly Manzione
ML20136A4802020-05-15015 May 2020
Attachment 4 - Affidavit
ML20121A3182020-04-30030 April 2020
International, Affidavit for Kimberly Manzione
ML20128J3062020-04-27027 April 2020
Attachment 12: Affidavit Pursuant to 10 CFR 2.390 to Withhold Information from Public Disclosure
ML20101N1762020-03-19019 March 2020
Attachment 4 Affidavit (Non-Proprietary)
BVY 17-001, Response to Request for Supplemental Information Related to Exemption2017-01-0909 January 2017
Response to Request for Supplemental Information Related to Exemption
ML0514603882005-05-10010 May 2005
Units 1 and 2, Request for Additional Information Concerning Request for Exemption from Holtec International Certificate of Compliance
2024-08-09
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U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390
I, Kimberly Manzione, being duly sworn, depose and state as follows:
(1) I have reviewed the informa tion described in paragraph (2) which is sought to be withheld, and am authorized to apply for its withholding.
(2) The information sought to be withheld is Attachments 1, 3, 5, 6, and 7 to Holtec Letter 5014949, which contain Holtec Proprietary information.
(3) In making this application for withholding of proprietary i nformation of which it is the owner, Holtec In ternational relies 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 10CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for "trade secrets and commercial or financial information obtained from a person and privileged or confidential" (Exemption 4). The material for whi ch exemption from disclosure is here sought is all "confidential commercial information",
and some portions also qualify under the narrower definition of "trade secret", within the meanings assigned to those terms for purpos es of FOIA Exemption 4 in, respectively, C ritical Mass Energy Project v. Nuclear Regulatory Commission, 975F2d871 (DC Cir. 1992), and Public Cit izen Health Research Group v. FDA, 704F2d1280 (DC Cir. 1983).
1of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390
(4) Some examples of categories of information which fit into t he definition of proprietary information are:
- a. Information that discloses a p rocess, method, or apparatus, inc luding supporting data and analyses, where prevention of its use by Ho ltec's competitors without license from Holtec International constitut es 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.
- c. Information which reveals cost or price information, production, capacities, budget levels, or com mercial strategies of Holtec International, its customers, or its suppliers;
- d. Information which reveals aspects of past, present, or futur e Holtec International customer-funded de velopment plans and programs of potential commercial value to Holtec International;
- e. Information which discloses patentable subject matter for wh ich it may be desirable to obtain patent protection.
The information sought to be withheld is considered to be propr ietary for the reasons set forth in paragraphs 4.a and 4.b above.
(5) The information sought to be withheld is being submitted to the NRC in confidence. The information (inc luding that compiled from many sources) is of a sort customarily held in confidence by Holtec Internationa l, and is in fact so held. The information sought to be withheld has, to the best of my knowledge and belief, consistently been held in confidence by Holtec International. No public disclosure has been made, and it is no t available in public sources. All disclosures to third parties, including any required transmittals to the NRC, have been made, or must be made, pursu ant to
2of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390
regulatory provisions or proprietary agreements which provide f or maintenance of the information in confidence. Its initial desig nation as proprietary information, and the subsequent steps taken to prevent its unauthorized disclosure, are as set forth in paragraphs (6) and (7) following.
(6) Initial approval of proprietary treatment of a document is made by the manager of the originating component, the person most likely to be acquainted with the value and sensitivity of the information in relation to industry knowledge. Access to such documents within Holtec Inte rnational is limited on a "need to know" basis.
(7) The procedure for approval o f external release of such a document typically requires review by the staff manager, project manager, principa l scientist or other equivalent authority, by the manager of the cognizant mar keting function (or his designee), and by the Legal Operation, for tec hnical content, competitive effect, and determination of the accuracy of the pr oprietary designation. Disclosures outside Holtec International are limit ed to regulatory bodies, customers, and potential customers, and thei r agents, suppliers, and licensees, and others with a legitimate need for the information, and then only in a ccordance with appropriate regul atory provisions or proprietary agreements.
(8) The information classified as proprietary was developed and compiled by Holtec International at a significant cost to Holtec Internatio nal. This information is classified as pr oprietary because it contains de tailed descriptions of analytical approaches and methodologies not ava ilable elsewhere. This information would provide other parties, includ ing competitors, with information from Holtec International's techn ical database and the results of evaluations performed by Holtec Internationa l. A substantial effort has been expended by Holtec International to develop this information. Release of this information would improve a compet itor's position because it would enable Holtecs competitor to copy ou r technology and offer it for sale in competition with our company, causing us financial injury.
3of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390
(9) Public disclosure of the information sought to be withheld is likely to cause substantial harm to Holtec Inte rnational's competitive position and foreclose or reduce the availability of profit-making opportunities. The information is part of Holtec International's comprehensive spent fuel storage technology base, and its commercial value extends beyond the original deve lopment cost. The value of the technology base goes beyond the extensiv e physical database and analytical methodology, and includes development o f the expertise to determine and apply the appropriate evaluation process.
The research, development, engin eering, and analytical costs comprise a substantial investment of time and money by Holtec International.
The precise value of the expertis e to devise an evaluation process and apply the correct analytical methodology is difficult to quantify, bu t it clearly is substantial.
Holtec International's competitive advantage will be lost if it s competitors are able to use the results of the Holtec International experience to normalize or verify their own process or if they are able to claim an equ ivalent understanding by demonstrating th at they can arrive at the same or similar conclusions.
The value of this information to Holtec International would be lost if the information were disclosed to the public. Making such informati on available to competitors without their havi ng been required to undertake a similar expenditure of resources would unfairly provide competitors wit h a windfall, and deprive Holtec International of the opportunity to exercise its competitive advantage to seek an adequate return on its large i nvestment in developing these very valuable analytical tools.
4of5 U.S. Nuclear Regulatory Commission ATTN: Document Control Desk Document ID 5014949 Non-Proprietary Attachment 8 AFFIDAVIT PURSUANT TO 10 CFR 2.390
STATE OF NEW JERSEY )
) ss:
COUNTY OF CAMDEN )
Kimberly Manzione, being duly sworn, deposes and says:
That she has read the foregoing affidavit and the matters stated therein are true and correct to the best of her knowledge, information, and belief.
Executed at Camden, New Jersey, this 31 st day of August, 2022.
f~ one Licensing Manager Holtec International
Subscribed and sworn before me this~ day of ¥, 2022.
C2
Erika Grandrimo NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES JANUARY 17, 2027
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