ML24011A155
| ML24011A155 | |
| Person / Time | |
|---|---|
| Site: | 07109225 |
| Issue date: | 01/10/2024 |
| From: | Baldner H NAC International |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML24011A154 | List: |
| References | |
| ED20230158 | |
| Download: ML24011A155 (1) | |
Text
NAC Atlanta Corporate Headquarters 2 Sun Court, Suite 220 AINTERNATIONAL Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com January 10, 2024
U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738
Attention: Document Control Desk
Subject:
Submission of NAC-LWT Safety Analysis Report (SAR), Revision 47 Incorporating Changes from CoC Revisions 72 and73 as Approved Contents for Transport.
Docket 71-9225
References:
- 3. ED20200145, Submission of NAC-LWT Safety Analysis Report (SAR),
Revision 46 Incorporating the EFN Rods, Moly Targets, and Booster Rods as Approved Contents for Transport., December 3, 2020
NAC hereby submits NAC-LWT SAR Revision 47 via Enclosure 3. This SAR revision incorporates those changes approved via Certificate of Compliance (CoC) No. 9225 Revisions, 72, and 73 (References 1 and 2, respectively). Since the approval of Reference 3, NAC requested to revise the Safety Analysis Report (SAR) via submittals 21A, 22A,23A and 23B.
These submittals included definitions SrF2 material: WESF capsules and BUP 500 capsules. All submittals in support of the approval for References 2 have been consolidated and incorporated into Revision 46 of the NAC-LWT SAR to create Revision 47. As a consolidated SAR, all pages of the document are identified as Revision 47 with revision bars identifying all changes from Revision 46. A List of Effective Pages is provided for completeness. In addition, Enclosures 1 and 2 hereto detail the list of SAR and drawing changes, respectively.
This SAR revision contains NAC proprietary information and Attachme nt 1 is a signed affidavit, executed by Mr. George Carver, Vice President, Engineering and Support Services, requesting this proprietary information be withheld from public disclosure via 10 CFR 2.390. As part of this submittal, NAC is including one hard copy of both the proprietary and non-proprietary versions of SAR Revision 47.
ED20230158 ANAC
~ I INTERNATIONAL
Nuclear Regulatory Commission January 10, 2024 Page 2 of2
If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1252.
~
Heath Baldner Director, Licensing Engineering
Attachment - NAC International Inc. Affidavit Pursuant to 10 CFR 2.390
Enclosures -List of Changes, NAC-LWT SAR, Revision 47 -List of Drawing Changes, NAC-LWT SAR, Revision 47 -NAC-LWT SAR, Revision 47, Proprietary Version
ED20230158 NAC AINTERNATIONAL
Attachment 1
NAC International Inc.
Affidavit Pursuant to 10 CFR 2.390
ED20230158 NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
George Carver (Affiant), Vice President, Engineering and Licensing, of NAC International Inc.,
hereinafter referred to as NAC, at 2 Sun Court, Su ite 220, Peachtree Corners, 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 follo wing NAC Proprietary Information that is being provided to support the review of NACs Consolidated Safety Analysis Report for a Certificate of Compliance (CoC) (No. 9225) for the NAC LWT Transport Package.
NAC-LWT SAR Revision 47, Proprietary Version
NAC is the owner of this information that is considered to be NAC Proprietary Information.
- 3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Inform ation Act (FOIA); 5 USC Sec. 552(b)(4) and the Trade Secrets Act; 18 USC Sec. 1905; and NRC Regula tions 10 CFR Part 9.17(a)(4), 2.390(a)(4), and 2.390(b)(1) for trade secrets and commercial financial information obtained from a person, and privileged or confidential (Exemption 4). The in formation for which exemption from disclosure is herein sought is all confidential commercial inform ation, 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 c onsidered to be proprietary for the reasons set forth in Items 4.a, 4.b, and 4.d.
- 5. The information to be withheld is being transmitted to the NRC in confidence.
ED20230158 Page 1 of 3 NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
- 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 sour ces. 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 maintena nce 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 and 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 regulator y 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 regulator y 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 th e 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 inform ation, and reduce or eliminate the availability of profit-making opportunities. The proprietary in formation is part of NACs comprehensive spent fuel storage and transport technology base, and its commercial value extends beyond the original development cost to include the development of th e 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.
ED20230158 Page 2 of 3 NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390
STAT]l: OF GEORGIA, COUNTY OF GWINNETT
Mr. George Carver, 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.
Ex ~ e Corners, Geor:, this, 2024.
cfurrgeCarver Vice President, Engineering and Support Services NAC International Inc.
ED20230158 Page 3 of3