ML21231A127

NAC International, Inc. - Submittal of Responses to the Nuclear Regulatory Commission'S (NRC) Request for Additional Information for the Request to Renew the NRC Certificate of Compliance No. 1025 for the NAC-MPC Cask System

ML21231A127
Person / Time
Site:	07201025
Issue date:	08/10/2021
From:	Fowler W NAC International
To:	Office of Nuclear Material Safety and Safeguards
References
CAC 001028, EPID L-2019-RNW-0029
Download: ML21231A127 (5)

Text

Atlanta Corporate Headquarters INAC 3930 East Jones Bridge Road, Suite 200

~- INT~RNAT!QNA~ Norcross, GA 30092 Phone 770-447-1144 www.nacintl.com August 10, 2021 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Submission of Responses to the Nuclear Regulatory Commission's (NRC) Request for Additional Information for the Request to Renew the NRC Certificate of Compliance No.

1025 for the NAC-MPC Cask System, DocketNo. 72-1025 CAC/EPID Nos. 001028/L-2019-RNW-0029

References:

1. ED20190141, Submission of a Request to Renew the U.S. Nuclear Regulatory Commission Certificate of Compliance No. 1025 for the NAC-MPC Cask System, December 18, 2019

2. Request for Additional Information for the Technical Revie_w of the Application for Renewal of the Certificate of Compliance No. 1025 (CAC/EPID NOS. 001028/L-2019-RNW-0029), March 23, 2021 NAC International Inc. (NAC) hereby submits responses to the NRC Request for Additional Information (RAI) issued on March 23, 2021 (Reference 2). This submittal package contains a copy of the non-proprietary responses to the NRC RAis and can be found in Attachment 2 of this letter. There were no responses that were deemed proprietary in nature. Those enclosures with changes are being submitted in their entirety. NAC has made changes to the application and FSAR, Enclosures 1 and 4 respectively to align the MPC and VMS applications. Additionally, minor editorial changes were made throughout the submittal package.

Consistent with NAC administrative practice, this proposed FSAR revision is numbered to uniquely identify the applicable changed pages. Enclosure 4 contains a summary of the changes to the SAR revision. Revision bars mark the FSAR text changes on the Revision NAC-MPC 21A pages (Enclosure 4). The headers of the FSAR pages indicate Revision 21A and the submittal month and year on those pages that have changes.

Enclosure 3 contains proprietary NAC calculations 30013-2003 Revision 2 and 30013-2004 Revision 0.

The proposed changes to the CoC are contained in Enclosure 5. Enclosure 6 contains a Non-Proprietary Summary of the Maine Yankee Pre-Application Inspection Report. There were no changes to the proprietary version of the pre-application inspection report, and it will not be resubmitted .

• ED20210097

NAC .

A

~ INTERNATIONAL

• U.S. Nuclear Regulatory Commission August I 0, 2021 Page 2 of2 Per Attachment I to this letter, NAC requests information in Enclosure 3 to be withheld from public disclosure per IO CFR 2.390. In accordance with NAC's administrative practices, upon final acceptance of this application, the 19A and 21 A changed pages will be reformatted and incorporated into the next revision of the NAC-MPC FSAR.

If you have any comments or questions, please contact me on my direct line at 678-328-1236.

Sincerely, Wren Fowler Director, Licensing Engineering

Attachment:

Attachment 1 - NAC International Affidavit Pursuant to 10 CFR 2.390 Attachment 2 - NAC Responses to RAis

Enclosures:

1. Application for Renewal of the NAC-MPC System CoC (21A)

2. Appendix A Aging Management Programs (21 A)

3. Appendix B Time-Limited Aging Analyses (21A)

4. Appendix C FSAR Changed Pages and LOEP for, NAC-MPC FSAR, (21 A)

5. Appendix D Proposed Changes for the NAC-MPC Certificate of Compliance (CoC) and Technical Specification (TS) (21 A)

6. Appendix E Non-Proprietary Pre-Application Inspection Report

• ED20210097

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390

• Kent Cole (Affiant), President & CEO, of NAC International Inc., hereinafter referred to as NAC, at 3930 East Jones Bridge Road, Norcross, Georgia 30092, being duly sworn, deposes and says that:

1. Affiant has reviewed the information described in Item 2 and is personally familiar with the trade secrets and privileged information contained therein, and is authorized to request its withholding.

2. The information to be withheld includes the following NAC Proprietary Information that is being provided to support the technical review of NAC' s Request to Renew the Certificate of Compliance (CoC) (No. 1025) for the NAC International MPC Cask System.

• Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis ofMPC VCC Steel Components for Extended Storage, Rev. 2

• Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0

3. NAC makes this application for withholding of proprietary information based 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 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(l) for "trade secrets and commercial financial information obtained from a person, and privileged or confidential" (Exemption 4). The information for which exemption from disclosure is herein sought is all "confidential commercial information," and some portions may also qualify under the narrower definition of "trade secret," within the meanings assigned to those terms for purposes of FOIA Exemption 4.

4. Examples of categories of information that 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 competitors of NAC, without license from NAC, constitutes a competitive economic advantage over other companies.

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

c. Information that reveals cost or price information, production capacities, budget levels or commercial strategies of NAC, its customers, or its suppliers.

d. Information that reveals aspects of past, present or future NAC customer-funded development plans and programs of potential commercial value to NAC.

e. Information that discloses patentable subject matter for which it may be desirable to obtain patent protection.

The information that is sought to be withheld is considered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d .

ED20210097 Page 1 of 4

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390

• 5. The information to be withheld is being transmitted to the NRC in confidence.

6. The information sought to be withheld, including that compiled from many sources, is of a sort customarily held in confidence by NAC, and is, in fact, so held. This information has, to the best of my knowledge and belief, consistently been held in confidence by NAC. 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 proprietary information and the subsequent steps taken to prevent its unauthorized disclosure are as set forth in Items 7 ?nd 8 following.

7. Initial approval of proprietary treatment of a document/information is made by the Vice President, Engineering, the Project Manager, the Licensing Specialist, or the Director, Licensing - the persons most likely to know the value and sensitivity of the information in relation to industry knowledge.

Access to proprietary documents within NAC is limited via "controlled distribution" to individuals on a "need to know" basis. The procedure for external release of NAC proprietary documents typically requires the approval of the Project Manager based on a review of the documents for technical content, competitive effect and accuracy of the proprietary designation. Disclosures of proprietary documents outside of NAC are limited to regulatory agencies, customers and potential customers and their agents, suppliers, licensees and contractors with a legitimate need for the information, and then only in accordance with appropriate regulatory provisions or proprietary agreements.

8. NAC has invested a significant amount of time and money in the research, development, engineering and analytical costs to develop the information that is sought to be withheld as proprietary. This information is considered to be proprietary because it contains detailed descriptions of analytical approaches, methodologies, technical data and/or evaluation results not available elsewhere. The precise value of the expertise required to develop the proprietary information is difficult to quantify, but it is clearly substantial.

9. Public disclosure of the information to be withheld is likely to cause substantial harm to the competitive position of NAC, as the owner of the information, and reduce or eliminate the availability of profit-making opportunities. The proprietary information is part of NAC's comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of the expertise to determine and apply the appropriate evaluation process. The value of this proprietary information and the competitive advantage that it provides to NAC would be lost if the information were disclosed to the public. Making such information available to other parties, including competitors, without their having to make similar investments of time, labor and money would provide competitors with an unfair advantage and deprive NAC of the opportunity to seek an adequate return on its large investment

• ED20210097 Page2 of 4

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE OF GEORGIA, COUNTY OF GWINNETT Mr. Kent Cole, being duly sworn, deposes and says:

That he has read the foregoing affidavit and the matters stated herein are true and correct to the best of his knowledge, information and belief.

Executed at Norcross, Georgia, this

• 2021.

Kent Cole President & CEO NAC International Inc .

• 2021.

• ED20210097 Page 3 of 4