ML25079A091
| ML25079A091 | |
| Person / Time | |
|---|---|
| Site: | 07201031 |
| Issue date: | 01/28/2025 |
| From: | Donald Habib Storage and Transportation Licensing Branch |
| To: | Baldner H NAC International |
| References | |
| EPID L-2023-LLA-0143 | |
| Download: ML25079A091 (1) | |
Text
From:
Don Habib To:
Baldner, Heath M.
Cc:
Subject:
MAGNASTOR Amendment 15 Withholding of Proprietary Information Date:
Tuesday, January 28, 2025 1:49:00 PM Heath M Baldner, Director Licensing, Engineering NAC International Atlanta Corporate Headquarters 2 Sun Court, Suite 220 Peachtree Corners, GA 30092
SUBJECT:
U.S. NUCLEAR REGULATORY COMMISSION APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR AMENDMENT REQUEST FOR THE MAGNASTOR CASK SYSTEM AMENDMENT NO. 15 (ENTERPRISE PROJECT IDENTIFIER L-2023-LLA-0143)
Dear Mr. Baldner:
By two letters dated October 8, 2024, NAC International (NAC) submitted adavits executed by George Carver, Vice President, Engineering and Support Services, of NAC International, in which NAC requested that the information contained in the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390 (Agencywide Documents Access and Management System [ADAMS] Accession Nos.
ML24283A085, and ML24284A267, respectively):
- Responses to MAGNASTOR RAIs, Amendment 15 RAI Response Submittal, Revision 24B - Supporting Calculations for MAGNASTOR FSAR, Amendment 15 RAI Response Submittal, Revision 24B - FSAR LOEP and Changed Pages for MAGNASTOR FSAR, Amendment 15 RAI Response Submittal, Revision 24B - MAGNASTOR Proprietary Calculation -Data Disk I of I 71160-3012 Revision 0 71160-3031 Revision I 30076-3085 Revision 3 The adavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
The information sought to be withheld is being submitted to the NRC in con"dence. The information sought to be withheld, including that compiled from many sources, is of a sort
customarily held in con"dence by NAC, and is, in fact, so held. This information has, to the best of your knowledge and belief, consistently been held in con"dence by NAC. No public disclosure has been made, and it is not available in public sources.
NAC has invested a signi"cant 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 dicult to quantify, but it is clearly substantial.
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 pro"tmaking opportunities. The proprietary information 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 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.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statements, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the aforementioned documents marked as proprietary will be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations Section 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not aect the right, if any, of persons properly and directly concerned to inspect the documents.
If the basis for withholding this information from public inspection should change in the future such that the information could then be made available for public inspection, you should promptly notify the U.S. Nuclear Regulatory Commission (NRC). You also should understand that the NRC may have cause to review this determination in the future, for example, if the scope of a Freedom of Information Act request includes your information. In all review situations, if the NRC makes a determination adverse to the above, you will be noti"ed of the date of public disclosure in advance which will be a reasonable time thereafter.
If you have any questions regarding this matter, I may be reached at 301-415-1035 or Donald.Habib@nrc.gov.
Sincerely, Donald Habib, Project Manager Storage and Transportation Licensing Branch Division of Fuel Management Oce of Nuclear Material Safety and Safeguards Docket No.: 72-1031 CAC No.: 001028 EPID No.: L-2023-LLA-0143 Donald Habib, Project Manager U.S. Nuclear Regulatory Commission Oce of Nuclear Material Safety and Safegurards Division of Fuel Management Storage and Transportation Licensing Branch Donald.Habib@nrc.gov 301-415-1035