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{{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 18, 2021 Mr. Wren Fowler Director, Licensing, Engineering NAC International 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 | {{#Wiki_filter:UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 18, 2021 | ||
Mr. Wren Fowler Director, Licensing, Engineering NAC International 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092 | |||
==SUBJECT:== | ==SUBJECT:== | ||
APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COC NO. 1025 RENEWAL REQUEST FOR | APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COC NO. 1025 RENEWAL REQUEST FOR S UPPLEMENTAL INFORMATION RESPONSES (CAC NO. | ||
001028) | 001028) | ||
==Dear Mr. Fowler:== | ==Dear Mr. Fowler:== | ||
By {{letter dated|date=December 18, 2019|text=letter dated December 18, 2019}} (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19357A178), NAC International (NAC) submitted an application for renewal of Certificate of Compliance (CoC) No. 1025 for the NAC-Multi-Purpose Canister (NAC-MPC). By {{letter dated|date=March 23, 2021|text=letter dated March 23, 2021}} (ADAMS Accession No. ML21063A211), the U.S. Nuclear Regulatory Commission (NRC) transmitted a request for additional information (RAI). By {{letter dated|date=August 10, 2021|text=letter dated August 10, 2021}} (ADAMS Accession No. ML21231A154), NAC submitted a response to the NRCs RAI. NACs response included an affidavit dated August 10, 2021, executed by Heath M. Baldner, Notary Public in the State of Georgia. You requested that 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: | By {{letter dated|date=December 18, 2019|text=letter dated December 18, 2019}} (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19357A178), NAC International (NAC) submitted an application for renewal of Certificate of Compliance (CoC) No. 1025 for the NAC-Multi-Purpose Canister (NAC-MPC). By {{letter dated|date=March 23, 2021|text=letter dated March 23, 2021}} (ADAMS Accession No. ML21063A211), the U.S. Nuclear Regulatory Commission (NRC) transmitted a request for additional information (RAI). By {{letter dated|date=August 10, 2021|text=letter dated August 10, 2021}} (ADAMS Accession No. ML21231A154), NAC submitted a response to the NRCs RAI. NACs response included an affidavit dated August 10, 2021, executed by Heath M. Baldner, Notary Public in the State of Georgia. You requested that 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: | ||
* Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2; | * Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2; | ||
* Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0 The submitted affidavit stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things: | * Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0 | ||
The submitted affidavit stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things: | |||
* NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information 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. | * NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information 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. | ||
* 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 | * 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 W. Fowler 2 | ||
W. Fowler | |||
* 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. | * 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. | ||
Information that reveals aspects of past, present, or future NAC customer-funded development plans and programs of potential commercial value to NAC. | Information that reveals aspects of past, present, or future NAC customer-funded development plans and programs of potential commercial value to NAC. | ||
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Further, these documents may be withheld in whole because the submitted response also contains public versions of these documents with the proprietary materials redacted. Therefore, Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2; and Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect the right, if any, of persons properly and directly concerned to inspect the documents. | We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Further, these documents may be withheld in whole because the submitted response also contains public versions of these documents with the proprietary materials redacted. Therefore, Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2; and Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect 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 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 notified of the date of public disclosure, in advance which will be a reasonable time thereafter. | 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 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 notified of the date of public disclosure, in advance which will be a reasonable time thereafter. | ||
If you have any questions regarding this matter, please contact me at (301) 415-6293 or Christopher.Markley@nrc.gov. | If you have any questions regarding this matter, please contact me at (301) 415-6293 or Christopher.Markley@nrc.gov. | ||
ML21288A290 OFFICE | Sincerely, | ||
Christopher T. M arkley, Systems Performance Analyst Storage and Tr ansportation Licensing Branch Division of Fuel Management Office of Nuclear M aterial Safety and Safeguards | |||
Docket No. 72-1025 CAC No. 001028 EPID No. L-2019-RNW-0029 | |||
ML21288A290 OFFICE NMSS/DFM NMSS/DFM NAME CMarkley WWheatley DATE 10/4/ 2021 9/ 30/ 2021}} | |||
Revision as of 18:26, 19 November 2024
| ML21288A290 | |
| Person / Time | |
|---|---|
| Site: | 07201025 |
| Issue date: | 10/18/2021 |
| From: | Christopher Markley Storage and Transportation Licensing Branch |
| To: | Fowler W NAC International |
| C MARKLEY NRC/NMSS/DFM/STLB 3014156293 | |
| References | |
| CAC 001028, EPID L-2019-RNW-0029 | |
| Download: ML21288A290 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 October 18, 2021
Mr. Wren Fowler Director, Licensing, Engineering NAC International 3930 East Jones Bridge Road, Suite 200 Norcross, GA 30092
SUBJECT:
APPROVAL OF NAC INTERNATIONAL REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR COC NO. 1025 RENEWAL REQUEST FOR S UPPLEMENTAL INFORMATION RESPONSES (CAC NO.
001028)
Dear Mr. Fowler:
By letter dated December 18, 2019 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML19357A178), NAC International (NAC) submitted an application for renewal of Certificate of Compliance (CoC) No. 1025 for the NAC-Multi-Purpose Canister (NAC-MPC). By letter dated March 23, 2021 (ADAMS Accession No. ML21063A211), the U.S. Nuclear Regulatory Commission (NRC) transmitted a request for additional information (RAI). By letter dated August 10, 2021 (ADAMS Accession No. ML21231A154), NAC submitted a response to the NRCs RAI. NACs response included an affidavit dated August 10, 2021, executed by Heath M. Baldner, Notary Public in the State of Georgia. You requested that 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:
- Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2;
- Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0
The submitted affidavit stated the information should be considered exempt from mandatory public disclosure for the following reasons, among other things:
- NAC makes this application for withholding of proprietary information based upon the exemption from disclosure set forth in: the Freedom of Information 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.
- 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 W. Fowler 2
- 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.
Information that reveals aspects of past, present, or future NAC customer-funded development plans and programs of potential commercial value to NAC.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of your statement, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure. Further, these documents may be withheld in whole because the submitted response also contains public versions of these documents with the proprietary materials redacted. Therefore, Enclosure 3, Appendix B, 30013-2003, Corrosion Analysis of MPC VCC Steel Components for Extended Storage, Rev. 2; and Enclosure 3, Appendix B, 30013-2004, Evaluation of Stainless Steel Clad Spent Fuel for Fatigue in Storage, Rev. 0, will be withheld from public disclosure pursuant to 10 CFR 2.390(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended. Withholding from public inspection shall not affect 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 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 notified of the date of public disclosure, in advance which will be a reasonable time thereafter.
If you have any questions regarding this matter, please contact me at (301) 415-6293 or Christopher.Markley@nrc.gov.
Sincerely,
Christopher T. M arkley, Systems Performance Analyst Storage and Tr ansportation Licensing Branch Division of Fuel Management Office of Nuclear M aterial Safety and Safeguards
Docket No. 72-1025 CAC No. 001028 EPID No. L-2019-RNW-0029
ML21288A290 OFFICE NMSS/DFM NMSS/DFM NAME CMarkley WWheatley DATE 10/4/ 2021 9/ 30/ 2021