ML25211A198

NAC International - Initial Submission of an Amendment Request for the NAC International Magnastor Cask System Amendment No. 17

ML25211A198
Person / Time
Site:	07201031
Issue date:	07/30/2025
From:	Baldner H NAC International
To:	Office of Nuclear Material Safety and Safeguards, Document Control Desk
Shared Package
ML25211A197	List: ML25211A198 ML25211A200
References
ED20250099
Download: ML25211A198 (1)

Text

ED20250099 Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092 Phone 770-447-1144 www.nacintl.com July 30, 2025 U.S. Nuclear Regulatory Commission Director, Division of Spent Fuel Management U.S. Nuclear Regulatory Commission 11555 Rockville Pike Rockville, MD 20852-2738 Attn: Document Control Desk

Subject:

Initial Submission of an Amendment Request for the NAC International MAGNASTOR Cask System Amendment No. 17 Docket No. 72-1031

References:

1. U.S. Nuclear Regulatory Commission (NRC) Certificate of Compliance (CoC) No. 1031 for the NAC International MAGNASTOR Cask System, Amendment No. 15, June 3, 2025

2. MAGNASTOR Cask System Final Safety Analysis Report (FSAR),

Revision 17, NAC International, June 2025 NAC International (NAC) hereby submits a request to amend Reference 1. This amendment request corrects an error with M5 yield strengths introduced in Amendment 14 and the associated CoC revisions 0 through 13. We request the changes contained herein be applied as revisions to Amendment 0 through 16. User adoption letters will be submitted at a latter date. We would request that this Amendment (17) and the associated CoC revisions be routed concurrently through the Rulemaking process with Amendment 16, which is currently under technical review.

Enclosed in this amendment package are Revision 25C changed pages to Reference 2. Revision bars mark the FSAR text changes and new text shown in red on the Revision 25C pages (Enclosure 3). Enclosure 2 detail the list of FSAR changes. The proprietary calculations supporting the requested changes can be found in Enclosure 1.

This submittal includes one proprietary and non-proprietary version of this package. Consistent with NAC administrative practice, this proposed FSAR revision is numbered to uniquely identify the applicable changed pages. Upon final acceptance of this application, the 25C changed pages will be reformatted and incorporated into the next revision of the MAGNASTOR FSAR.

Attached to this letter is a signed affidavit requesting all proprietary information be withheld from public disclosure via 10 CFR 2.390.

ED20250099 U.S. Nuclear Regulatory Commission July 30, 2025 Page 2 of 2 If you have any comments or questions, please contact me on my direct line at 678-328-1252.

Sincerely, Heath Baldner Director, Licensing Engineering

Enclosures:

+/- Supporting Calculations for MAGNASTOR FSAR, Amendment 17 +/- Initial Submittal, Revision 25C +/-List of Changes for MAGNASTOR FSAR, Amendment 17 +/- Initial Submittal, Revision 25C +/- FSAR Changed Pages for MAGNASTOR FSAR, Amendment 17 +/- Initial Submittal, Revision 25C

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20250099 Page 1 of 3 George Carver (Affiant), Vice President, Engineering and Support Services, of NAC International, hereinafter referred to as NAC, at 2 Sun Court, Suit 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 technical review of NAC¶s Request for a Certificate of Compliance (CoC) (No.

1031) for the NAC International MAGNASTOR Cask System. +/- Supporting Calculations for MAGNASTOR FSAR, Amendment 17 +/- Initial Submittal, Revision 25C +/- FSAR Changed Pages for MAGNASTOR FSAR, Amendment 17 +/- Initial Submittal, Revision 25C 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 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.

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

NAC INTERNATIONAL AFFIDAVIT PURSUANT TO 10 CFR 2.390 ED20250099 Page 2 of 3 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.