ML18298A070

Letter to K. Manzione Holtec Internationals Certificate of Compliance No. 1040 - Request for Withholding Information from Public Disclosure

ML18298A070
Person / Time
Site:	HI-STORM 100
Issue date:	10/23/2018
From:	Siva Lingam Spent Fuel Licensing Branch
To:	Manzione K Holtec
Lingam S
References
EPID L-2018-LLA-0275
Download: ML18298A070 (3)

Text

K. Manzion UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 23, 2018 Ms. Kimberly Manzione Licensing Manager Holtec International One Holtec Blvd.

Camden, NJ 08104

SUBJECT:

HOLTEC INTERNATIONAL CERTIFICATE OF COMPLIANCE NO. 1040 -

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE

Dear Ms. Manzione:

By letter to the U.S. Nuclear Regulatory Commission (NRC), dated September 28, 2018 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML18285A820), you submitted an affidavit dated September 28, 2018, executed by you, requesting that the information contained in the following proprietary documents for the HI-STORM Underground Maximum (HI-STORM UMAX) 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. Proposed HI-STORM UMAX FSAR [final safety analysis report] Revision 5.A (Attachment No. 3 to the letter dated September 28, 2018).

2. HI-2125194 Revision 10 Shielding Analysis of the HI-STORM UMAX (Attachment No. 5 to the letter dated September 28, 2018).

3. HI-2114807 Revision 11 Thermal-Hydraulic Evaluation of the HI-STORM UMAX (Attachment No. 6 to the letter dated September 28, 2018).

4. Input/Output Files for HI-2114807R11 (Attachment No. 7 to the letter dated September 28, 2018).

Non-proprietary copy of the above document 1 was placed in NRC's Public Document Room and added to the ADAMS Public Electronic Reading Room (ADAMS Accession No. ML18285A814).

Due to the extent of proprietary information found in the above documents 2, 3 and 4, the applicant was not required to submit a non-proprietary version of the documents.

Your affidavit dated September 28, 2018, 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.

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. 72-1040 EPID No. L-2018-LLA-0275

ML18298A070 OFFICE DSFM DSFM DSFM WWheatley NAME SLingam JMcKirgan via email DATE 10/19/18 10/19/18 10/23/18