ML23352A346
| ML23352A346 | |
| Person / Time | |
|---|---|
| Site: | OPTIMUS-L |
| Issue date: | 12/18/2023 |
| From: | Baldner H NAC International |
| To: | Office of Nuclear Material Safety and Safeguards, Document Control Desk |
| Shared Package | |
| ML23352A345 | List: |
| References | |
| ED20230183 | |
| Download: ML23352A346 (1) | |
Text
ED20230183 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com December 18, 2023 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attention:
Document Control Desk
Subject:
Request for a Revision to NAC OPTIMUS-L Transportation Package, Certificate of Compliance 71-9390 Docket No. 71-9390
References:
- 1.
USNRC CoC No. 9390, Revision 3, Model No. NAC OPTIMUS-L Transportation Package, Dated December 14, 2023
- 2.
ED20230192, Submission of the NAC OPTIMUS-L Transportation Package, Safety Analysis Report, November 12, 2023 NAC International (NAC) hereby submits a request to revise the NAC OPTIMUS-L Transportation Package, Certificate of Compliance 71-9390, Revision 3 (Reference 1) to clarify the maximum activity limits for key individual gamma-emitting contents (e.g., Co-60 and Cs-137 including Ba-137m daughter product) and neutron-emitting contents (e.g., Cf-252 and Cm-244). The changes to the CoC are limited to Section 5.(b)(2) Table 4. There are no changes to license drawings for the previously approved general arrangement and design features of the OPTIMUS-L packaging. To support shipments NAC is requesting the CoC be issued no later than June 30, 2024.
This submittal includes copies of both the proprietary and non-proprietary OPTIMUS-L 23D submittal (Enclosure 4). OPTIMUS-L SAR Rev. 1 (Reference 2) has been used as the base document to which the requested change has been made. Enclosure 1 contains the proposed CoC changes. Enclosure 2 contains calculations used to support the requested changes. Enclosures 3 contains the list of SAR changes. Consistent with NAC administrative practice, this proposed SAR revision is numbered to uniquely identify the applicable changed pages. Revision bars mark the SAR text changes on the Revision OPTIMUS-L-23D pages. In accordance with NAC¶s administrative practices, upon final acceptance of this application, the OPTIMUS-L-23D changed pages will be reformatted and incorporated into the next revision of the NAC-OPTIMUS-L SAR.
ED20230183 Nuclear Regulatory Commission December 18, 2023 Page 2 of 2 This submittal contains NAC proprietary information. Attachment 1 is a signed affidavit, requesting this proprietary information be withheld from public disclosure via 10 CFR 2.390.
If you have any questions regarding this letter, please feel free to contact me on my direct number at 678-328-1252.
Sincerely, Heath Baldner Director, Licensing Attachments: +/- NAC International Inc. Affidavit Pursuant to 10 CFR 2.390
Enclosures:
+/- Proposed Changes for Certificate of Compliance Revision 3 +/- List of Calculations, NAC-OPTIMUS-L SAR, Revision 23D +/- List of SAR Changes, NAC-OPTIMUS-L SAR, Revision 23D +/- NAC-OPTIMUS-L, LOEP and SAR Pages Revision 23D
ED20230183 NAC International Inc.
Affidavit Pursuant to 10 CFR 2.390
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230183 Page 1 of 3 Doug Jacobs (Affiant), Vice President, Storage Projects, of NAC International, hereinafter referred to as NAC, at 2 Sun Court, Suite 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 following NAC Proprietary Information that is being provided to support the review of NAC¶s Consolidated Safety Analysis Report for a Certificate of Compliance (CoC) (No. 9390) for the NAC-OPTIMUS-L Transport Package.
- 1. Enclosure 2 +/- List of Calculations, NAC-OPTIMUS-L SAR, Revision 23D 70000.14-5104 Rev. 0 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 Information Act (³FOIA'); 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)(1) for ³trade 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 ³confidential commercial information,' and some portions may also qualify under the narrower definition of ³trade 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.
- 5. The information to be withheld is being transmitted to the NRC in confidence.
NAC INTERNATIONAL INC.
AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20230183 Page 2 of 3
- 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 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 ³controlled distribution' to individuals on a ³need 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.