ML18169A073

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NRC-2018-000517 - Resp 1 - Final
ML18169A073
Person / Time
Issue date: 06/15/2018
From: Blaney S A
NRC/OCIO
To: Lodge T J
Don't Waste Michigan
References
FOIA, NRC-2018-000517
Download: ML18169A073 (22)
v • d • e


Text

NRC FORM 464 Part I U.S. NUCLEAR REGULA TORY COMMISSION NRC RESPONSE NUMBER (04-20 1 8) .~rJP" 11~"<.,~q, I 2018-000517 11 I I . RESPONSE TO FREEDOM OF ; i . INFORMATION ACT (FOIA) REQUEST 'l, . RESPONSE D 0 ..... / INTERIM FINAL ........ TYPE REQUESTER:

DATE: !Terry J. Lodge (Don't Waste Michigan) 1 1 06/15/2018 I DESCRIPTION OF REQUESTED RECORDS: Any and all records received or exchanged by , the NRC staff , from a meeting convened April 24 , 2018 at the NR C, that involved NRC staff and personnel from Holtec International , lnc., from April 24 , 2018 to pres e nt PART I. --INFORMATION RELEASED D The NRC has made some , or all , of the requested records publicly available through one or more of the following means: (1) https://www

.nrc.gov; (2) public ADAMS , https://www.nrc.gov/reading-rm/adams

, html; (3) microfiche available in the NRC Public Document Room; or FOIA Onl i ne , bttps;//foiaonline

.regulations

, go Y.{foia/act i on/public/hom

e. [ZJ Agency records sub j ect to the r equest are enclosed. D Records subject to the request that contain information originated by or of interest to another Federal agency have been referred to that agency (See Part I.D --Comments) for a disclosure determination and direct response to you. D We are continuing to process your request. D See Part I.D --Comments. PART I.A --FEES D You will be billed by NRC for the amount indicated. D Since the minimum fee threshold was not 1 1 AMOUNT 1 1 met , you will not be charged fees. D You will receive a refund for the amount indicated.

D Due to our delayed response , you will not [ZJ Fees waived. be charged fees. PART I.B--INFORMATION NOT LOCATED OR WITHHELD FROM DISCLOSURE D W e did not locate any agency record s responsive to your reques t. Note: Ag e ncies may t r eat three discrete categories of law enforcement and national security records as not subject to the FOIA (" exclus i ons"). See 5 U.S.C. 552(c). This i s a standard not i fication g i ven to all requesters

i t should not be taken to mean t hat any e x cluded records do , or do not , e x ist. [ZJ We have withheld certain i nformation pursuant to the FOIA e x empt i ons descr i bed , and for th e r easons stated , in Part I I. D Because th i s i s an i nter im response to your request , you may no t appeal at this time. We will notify you of yo ur right to appeal any of th e r esponses we have iss u ed in response to your requ e st when we i ssue our final dete r m i nat i on. [ZJ You may appeal this final determination within 90 calendar days of the date of this response. If you submit an appeal by mail , address it to the FO IA Officer , at U.S. Nuclear Regulatory Commission , M ail Stop T-2 F43 , Washington , D.C. 20555-0001. You may submit an appeal by e-mail to FOIA.resource@nrc

.gov. You may fax an appeal to (301) 415-5130. Or you may submit an appeal through FOIA Online , bttps-//fojaon!i ne regulations gov/foia/actio n/publi c/bome. Please be sure to i nclude on your submission that it is a " FOIA Appeal." PART I.C --REFERENCES AND POINTS OF CONTACT You have the r i ght to seek ass i stance f r om the NRC's FOIA Publ i c Liaison by subm i tt i ng your inquiry at https://www.nrc.gov/reading-rm/ foia/contact-foia html , or by call i ng the FOIA Public Liaison at (301) 415-1276. If we have denied your request , you have the right to seek dispute resolution serv i ces from the NRC's Public Liaison or the Office of Government Information Services (OGIS). To seek dispute resolution services from OGIS , you may e-mail OGIS at ogis@nara.gov , send a fax to (202) 741-5789 , or send a letter to: Office of Government Information Services , National Archives and Records Adm i nistration , 8601 Adelphi Road , College Park , MD 20740-6001. For add i tional information about OGIS , please visit the OGIS website at bttps-J/www archiy:es goY.{ogis.

NRC FORM 464 Part I (04-2018)

U.S. NUCLEAR REGULATORY COMMISSION RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART I.D --COMMENTS Signature

-Freedom of Information Act Officer or Desi11nee NRC RESPONSE NUMBER I 20 18-0 005 I 7 11 1 RESPONSE D TYPE INTERIM I./ I FINAL !Stephanie A. Blaney D i gitally s i gned by Stephanie A. Blaney Date: 2018.06.15 10: 32: 53 -04'00' NRC FORM 464 Part II U.S. NUCLEAR REGULATORY COMMISSION NRC (04-2018) 1 2018-000517 RESPONSE TO FREEDOM OF INFORMATION ACT (FOIA) REQUEST PART II.A --APPLICABLE EXEMPTIONS DATE: 1 06/15/2018 Records subject to the request are being withheld in their entirety or in part under the FOIA exemption(s) as indicated below (5 U.S.C. 552(b)). D Exemptio n 1: The with h e l d informa ti on is properly classified pursuant to an Executive Order protecting national security information. D Exemption 2: The withheld informa t ion relates so l ely to the internal personnel rules and practices of NRC. D Exemption 3: The wit hh eld information is specifically exempted from pub li c disclosure by the statute indicated. D Sect i ons 141-145 of the Atomic Energy Act, which proh ibits the disc los ure of Restricted Data or Former l y Restri cted Data (42 U.S.C. 2161-2165). D Section 147 of the Atomic Energy Act , whic h prohibits the disclosure of Unclassified Safeguards Information (42 U.S.C. 2167). D 41 U.S.C. 4702(b), which pro h ib it s the disclosure of con tr actor proposals, except when incorporated into the contract between the agency and the D Othe r: I/] E xemp tion 4: The withheld information is a trade secret or confidential commercial or financial inform ation that is being withheld for the reason(s)

LU indicated. r;i The info rmation i s considered to be proprietary because it concerns a licensee's or applicant's physical protecti on or material contro l and LU accounting program for special nuclear material pursu ant to 10 CFR 2.390(d)(1). D The informati on is considered to be another type of confidential business (proprietary) information.

D The information was subm itte d by a foreign source a nd received in confidence pursuant to 10 CFR 2.390(d)(2). D E xem ption 5: The withhe l d informat ion cons i sts of interagency or intraagency records that are normally privi l eged in civil l itigation. D Del ib erative process privilege. D Attorney work product privi l ege. D Attorney-client privi l ege. D Exemption 6: The withheld informa tion from a personnel, medical , or si mil ar file , is exempted from public disclosure because its disclosure wou ld resu l t in a clearly unwarranted invasion of personal privacy. D E xem ption 7: The withheld informa ti on consists of re cords compiled for law enforcement purposes and is being withheld fo r the reason(s) indicate d. D (A) Disclosure could reasonab l y be expected to interfere with an open enforcement proceedi n g. D (C) Disclosure cou l d reasonab l y be expected to constit ut e an unwarranted invasion of persona l priva cy. D (D) The informat i on consists of names and other information the d i sc l osure of w hi ch could reasonably be expected to r eveal iden t ities of confidential sou r ces. D (E) Disclosure would revea l t echniques and procedures for law e n forcement investigations or prosecutio n s , or guidel in es that cou l d reasonably be expected to ri sk circumvention of the l aw. D (F) Disclosure co u ld reasonab ly be expec t ed to endanger the life or physical safety of any individual.

D Other: PART 11.B --DENYING OFFICIALS In accordance with 10 CFR 9.25(g) and 9.25(h) of the U.S. Nuclear Regulatory Commission regulations, the official(s) listed below have made the determination to withhold certain information responsive to your request. DENYING OFFICIAL TITLE/OFFICE RECORDS DENIED APPELLATE OFFICIAL EOO SECY ! Stephanie Blaney 11 FOIA Officer 11 Propr i etary Information I [Z] D I I 11 Select Tit l e/Office from drop-down list I I D D I 11 Select Title/Office from drop-down list 11 I D D I I Select Title/Office from drop-down list I I D D NRG Form 464 Part II (0 4-2018)

McKirgan.

John From: Sent To: Cc Subject Attachments:

Good morning John, Joyce Tomlinson

<J.Tomlinson@holtec.com>

Tuesday, April 24, 2018 8:05 AM McKirgan, John Stefan Anton (Extemal_Sender)

HI STORM UMAX Amendment 3 presentation UMAX-Amd3.pptx Attached is the presentation that we will be using during the meeting today. Warm Regards, J oyce Joyce Tomlinson Adjunct Licensing Manager Ho l tec International e information contained herein is intended only for the person or entity to which it is addressed and may c *n confidential and/or privileged material from Boltec IntemationaL H you are not the intended rec1 ou must not keep, use, disclose, copy or distribute this email without or's prior permission.

F review, retransmission, dissemination, or other use of

  • ormation in whole or part for any other se by persons outside the recipient's o ation is stricdy prohibited unless explicit authorization to sue has been issued by i:ler of this message. Holtec International policies expressly prohibit c defamatory or offensive statements and infringing any copyright or any other legal *
  • communication.

Boltec International will not accept any liability in respect of su unications.

Ho ntemational has taken precautions to minimize the risk of tran g software viruses, but we advise o carry out your own virus checks on any attacbm

  • message. Holtec International cannot accept lii *
  • for any loss or damage caused are viruses. H you are the intended recipient and you do not wis ive similar onic messages from us in the future then please respond to the sender to this effect 1
      • HOL TEC INTERNATIONAL April 26, 2018 John McK.irgan Division of Spent Fuel Management Holtec Technology campus , 1 Holtec Blvd., camden, NJ 08104 T elephone(856)797-0900 Fax(856)797-0909 Office of Nuclear Material Safety and Safeguards U.S. Nuclear Regulatory Commission US Nuclear Regulatory Commis&on ATTN: Document Control Desk Washington, DC 20555-0001

Subject:

ID-STORM UMAX Amendment 3 Meeting Presentation April 24, 2018

Dear Mr. McKirgan:

This letter is to provide you with the proprietary presentation and affidavit which was discussed during our meeting with you April 24, 2018. Attached to this letter are the following documents:

1. Holtec presentation for the ID-STORM UMAX Amendment 3: Discussions on Thennal RAI 2. Affidavit pursuant to 10 CFR 2. 790, applicable to Attachment
1. Please do not hesitate to contact us if there are any questions.

Sincerely, Joyce Tomlinson Adjunct Licensing Manager Holtec International Document ID 5014846 Page 1 of 1 U.S. Nuclear Regulatory Commission Document ID 5014846 Non-Proprieb!l')'

Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 I, Debabrata Mitra-Majumdar, being duly sworn, depose and state as follows: (l} I have reviewed the information 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 information provided in Enclosure 2 to Holtec Letter 5014846. This enclosure contains Holtec Proprietary infonnation.

(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(bX4) and the Trade Secrets Act, 18 USC Sec. 1905, and NRC regulations lOCFR Part 9.17(aX4), 2.390(aX4), and 2.390(b)(l) 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", and some portions also qualify under the narrower definition of "trade secret"~ within the meanings assigned to those terms for pmposes of FOIA Exemption 4 in, respectively, Critical Mass Energy Project v. Nuclear Regulato ry Commission , 975F2d871 (DC Cir. 1992), and Public Citizen Health Research Group v. FD A , 704F2d I 280 (OC Cir. 1983). 1 o f 5 U.S. Nuclear Regulatory Commission Docwneot ID SO 14346 Non-Proprielmy Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 ( 4) *some examples of categories of information which 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 Hohec's competitors without license from Holtec International constitutes a competitive economic advantage over other companies;

b. Information whi~ 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;
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;
e. Information which discloses patentable subject matter for which it may be desirable to obtain ~t protection.

The information sought to be withheld is considered to be proprietary for the reasons set forth in paragraphs 4.a, 4.b and 4.e above. (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 Int.ernational.

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 2of5 U.S. Nuclear Regulatory Commission Document JD 5014846 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 1 CFR 2.390 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 International is limited on a "need to know" basis. (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.

(8) The infonnation 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 Intemational'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 Holt.ec's competitor to copy our technology and offer it for sale in competition with our company, causing us financial injury. 3 of5 U.S. 'Nuclear Regulatory Commission Document ID 5014846 Non-Proprietary Anachment 2 AFFIDAVIT PURSUANT TO 10 CFR l.390 (9) Public disclosure oftlie information sought to be withheld is likely to cause substantial harm to Holtec Intemational's competitive position and foreclose or reduce the availability of profit-making opportunities.

Toe 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. Toe research, development, engine.ering, 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.

Holtec Intemational'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 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 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. 4of5

** --U.S. Nuclear Regulatory Commission Document ID 5014846 Non-Proprietary Attachment 2 AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF NEW JERSEY ) ) ss: COUNTY OF CAMDEN ) Debabrata Mitra-Majumdar, being duly sworn, deposes and says: That he has read the foregoing affidavit and the matters stated therein are true and correct to the best of his knowledge, infonnation, and belief. Executed at Camden, New Jersey, this 26th day of April, 2018. ~*~. Debabrata Mitra-Majumdar Senior Director, Engineering Analysis Holtec International Subscribed and sworn before me this 26th day of April, 2018. 5 ofS HI-STORM UMAX Amendment 3: Discussions on Thermal RAI Abrar H. Mohammad Engineering Manager , Thermal-Hydraulics Group Holtec International April 24 , 2018 1111111111 HOLTEC IN TERNAT I NAL HOL TEC PRePRIETARY

& GONFIDENTI/\L 1111111111 HI-STORM UMAX Amendment 3 Thermal RAI HOLTE C e1 Jill l 11 J 111&11011 I N T RNA T I N A L -a generation ahead by destgn

  • Holtec International submitted a license amendment to HI-STORM UMAX CoC to allow storage of 24PT1 dry-shielded canister (DSC) canister in HI-STORM UMAX system.
  • HI-STORM UMAX overpack is modeled the same as that approved in the current UMAX FSAR.
  • Data on 24PT1-DSC basket and other canister internals is not available. -canister is modeled as a homogeneous cylinder with effective thermal conductivities

-concept of homogenization has been previously used in license applications by Holtec.

  • USNRC issued an RAI on the methodology adopted for the thermal evaluation of 24PT1-DSC stored in HI-STORM UMAX system. 2 Thermal RAI 1111111111 HOLTEC Coqf dt t'rl ln'oemal no I NT R NAT I N AL -a generahon ahead by design Provide a thermal model that demonstrates peak cladding temperature is accurately predicted for the 24PT1 DSC when stored in the HI-STORM UMAX system. Section 1.4.4.1 of the FSAR describes the canister thermal model used to analyze the 24PT1 dry-shielded canister (DSC) when stored i n the HI-STORM UMAX system. However , the applicant's modeling approach and analysis results of the HI-STORM-UMAX thermal design's predicted peak cladding temperatures rely on a homogenized DSC model. Also the application does not contain Information (for example , validation or benchmarking studies performed for similar designs) to demonstrate the homogenized canister modeling approach used In the application Is sufficient and conservative In the calculation of the peak cladding temperatures. Accurate prediction of peak cladding temperature is necessary to demonstrate comp l iance with 10 CFR Part 72.236(b) which requires that design bases and design criteria must be provided for structures , systems , and components important to safety and 10 CFR 72.236(f) which requires that the spent fuel storage cask must be designed to provide adequate heat removal capacity without active cooling systems. In the amendment request the applicant did not provide adequate design basis analyses which demonstrate the cask would provide adequate heat removal capacity without exceeding the peak clad temperature limit. Staff has previously accepted thermal analysis that re l ies on homogenized fuel assemblies when accompanied by appropr i ate justificat i on (see Section 4.5.4.1.2 of NUREG-1 536 and Section 2.2 of NUREG-2208 for additional guidance on acceptable thermal models). This i nformation is needed to determine compl i ance with 10 CFR 72.236(b) and 10 CFR 72.236(f).

HOL TEC -PRePRIETARY

& CONFIDENTIAL Principal Concerns e '1111 l ti I f ation -a generatK>n ahead by destgn

  • Based on the RAI, the principal concerns raised by the staff are summarized in the following: 1111111111 HOLT EC I NT RNA I NAL -validation or benchmarking studies performed for similar designs to demonstrate the homogenized canister modeling approach used in the application is sufficient and conservative in the calculation of the peak cladding tern peratu res -adequate design basis analyses to demonstrate the cask would provide adequate heat removal capacity without exceeding the peak clad temperature limit HOL TEC ~OPRIETARY

& CONFIDHHI/\L Experimental Data Used for Validation eu11Rd0 I 11 ft 11 1 -a generat,on ahead by de5tgn 1111111111 HOLTEC I NT RNA I NAL HOL TEC PROPRIETARY

& COf<dFIDENTIAL Validation Approach 1111111111 HOLTEC I NTERNAT I NAL HOL TEC PROPRIETARY

& GONFIDHHIAL Validation Approach (contd .. ) C11nfid1 till lnformallon

-(bK4) 1111111111 HOLT EC I N T RNAT I NAL a generation ahead by design HOL TEC PROPRIETARY

& CONFIDEfl-fflAL Validation Approach (contd .. ) eu,1tldw.1hal l.1fo1111alio.1

-a generatK>n ahead by des,gn 1111111111 HOLT E C I NT E RNAT I NAL 8 HOL TEC PROPRIETARY

& CONFIDENT I AL Validation Procedure Ga '911 I II f 111a11ou -a gener hon ahead by design 1111111111 HOLTEC IN T RNATI NAL 9 HOL TEC PROPRIETARY

& CONFIDENT I AL Model Calibration Steps eu 11 fi d 0 t l 11 let, 11 a, -(b X 4) 1111111111 HOLTEC I NT E RNAT I NAL a generation ahead by destgn 10 HOL TEC PROPRIETARY

& CONFIDENTIAL Model Validation Steps lllliiiiia-a generation ahead t,y destgn 1111111111 HOLT EC I NT RNAT I NAL 11 HOL TEC PROPRIETARY

& CONFIDENTIAL Conclusion

-(bX4) a generation ahead by destgn 1111111111 HOLT EC I NT R NAT I N AL 12

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