ML22201A066

NAC International, Inc., Submittal of Data Disk for the Magnastor Cask System, Amendment No. 13

ML22201A066
Person / Time
Site:	07201031
Issue date:	07/13/2022
From:	Fowler W NAC International
To:	Document Control Desk, Office of Nuclear Material Safety and Safeguards
References
Download: ML22201A066 (6)

Text

A NAC

... INT~RNATIQNA~

July 13, 2022 U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn:

Document Control Desk Atlanta Corporate Headquarters 3930 East Jones Bridge Road, Suite 200 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com

Subject:

Submission of Data Disk for the NAC International MAGNASTOR Cask System, Amendment No. 13

References:

Docket No. 72-1031

1. ED20220069, Submission of an Amendment Request for the NAC International MAGNASTOR Cask System, Amendment No. 13, July 13, 2022 NAC International (NAC) herewith is providing proprietary calculation data files, which support the NRC's review of the MAGNASTOR Amendment No. 13 changes requested in Reference 1. A listing of the computer data files included on the data disk, and the data disk itself, is contained in Enclosure 1. The calculations and data files are proprietary, and they are marked as "NAC Proprietary Information". An affidavit pursuant to 10 CFR 2.390 is provided via Attachment 1 to this letter.

Sincerely, Wren Fowler Director, Licensing Engineering

Attachment:

- NAC International Affidavit Pursuant to 10 CFR 2.390

Enclosures:

- Data Disk for MAGNASTOR FSAR, Amendment 13, Revision 22A

£D20220089

ANAC I.. I NTERNATIQNA~

NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 3930 East Jones Bridge Road, 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 technical review of NAC's Request for a Certificate of Compliance (CoC)

(No. 1031) for the NAC International MAGNASTOR Cask System.

• , NAC International Proprietary Calculations (Data Disk 1 of 1) o 30076-2020 Rev. 3, Structural Evaluation of CC6 Vertical Concrete Cask o

30097-3001 Rev. 0, Thermal Evaluation ofTMl-2 for Transfer and Storage Conditions o

30097-5001 Rev. 0, TMI-2 Source Term and Heat Load Evaluation o

30097-5002 Rev. 0, TMI-2 Storage/Transfer Shielding Evaluation o

30097-6001 Rev. 2, TMI-2 Criticality Evaluation NAC is the owner of the information contained in the above documents. Thus, all of the above identified information is considered NAC Proprietary Information.

3. NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom oflnformation 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.

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

ED20220089 Page 1 of3

NACINTERNATIONAL 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 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 "controlled distribution" to individuals on a "need to know" basis. The procedure for external release ofNAC 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 ofNAC 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 ofNAC, 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.

ED20220089 Page 2 of3

NACINTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 STATE 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.

Executed at Peach ee Corners, Georgia, this /:J-fl day o~

, 2022.

George Carver Vice President, Engineering and Support Services NAC International

, 2022.

ED20220089 Page 3 of3 to ED20220089 Page 1 of 2 MAGNASTOR FSAR Amendment 13 Initial Submittal Revision 22A, Data Disk (Docket No 72-1031)

NAC International May2022 to ED20220089 Page 2 of 2 List of NAC International Proprietary Calculation Data Files for the MAGNASTOR FSAR, Revision 22A Data Disk 1 of 1 o

30076-2020 Rev. 3, Structural Evaluation of CC6 Vertical Concrete Cask o

30097-3001 Rev. 0, Thermal Evaluation ofTMl-2 for Transfer and Storage Conditions o

30097-5001 Rev. 0, TMI-2 Source Term and Heat Load Evaluation o

30097-5002 Rev. 0, TMI-2 Storage/Transfer Shielding Evaluation o

30097-6001 Rev. 2, TMI-2 Criticality Evaluation