ML022040062

Letter to NRC from M. S. Tuckman, Presentation Materials to Be Used in the May 23, 2002 Meeting Between Duke Energy and the NRC Staff Contain Information That Is Proprietary to Duke

ML022040062
Person / Time
Site:	Mcguire, Catawba, McGuire
Issue date:	05/15/2002
From:	Tuckman M Duke Power Co
To:	Office of Nuclear Reactor Regulation
References
Download: ML022040062 (3)

Text

Duke Power P Duke 526 South Church St. EC07H rPower Charlotte, NC 28202 A Duke Energy Company P. O. Box 1006 EC07H Charlotte, NC 28201-1006 (704) 382-2200 OFFICE M. S. Tuckman (704) 382-4360 FAX Executive Vice President Nuclear Generation May 15, 2002 U. S. Nuclear Regulatory Commission Washington, DC 20555

Subject:

Request for Withholding The enclosed draft presentation materials to be used in the forthcoming May 23, 2002 meeting between Duke Energy and the Nuclear Regulatory Commission staff contain information that is proprietary to Duke. In accordance with 10 CFR 2.790, Duke requests that this information be withheld from public disclosure. An affidavit is included that attests to the proprietary nature of the information in these materials. The specific information that is proprietary is highlighted in yellow.

M. S. Tuckman

AFFIDAVIT OF M. S. TUCKMAN (a) I am Executive Vice President of Duke Energy Corporation, and as such have the responsibility of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear plant licensing and am authorized to apply for its withholding on behalf of Duke.

(b) I am making this affidavit in conformance with the provisions of 10 CFR 2.790 of the regulations of the Nuclear Regulatory Commission (NRC) and in conjunction with Duke's application for withholding which accompanies this affidavit.

(c) I have knowledge of the criteria used by Duke in designating information as proprietary or confidential.

(d) Pursuant to the provisions of paragraph (b)(4) of 10 CFR 2.790, the following is furnished for consideration by the NRC in determining whether the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned by Duke and has been held in confidence by Duke and its consultants.

(ii) The information is of a type that would customarily be held in confidence by Duke. The information consists of analysis methodology details, analysis results, supporting data, and aspects of development programs, relative to a method of analysis that provides a competitive advantage to Duke.

(iii) The information is being provided to the NRC in confidence and under the provisions of 10 CFR 2.790, it is to be received in confidence by the NRC.

(iv) The information sought to be protected is not available in public to the best of our knowledge and belief.

(v) The proprietary information sought to be withheld in this submittal is that which is marked in the presentation materials related to the report DPC-NE-1005, Nuclear Design Methodology Using CASMO-4/SIMULA TE-3 MOX. This information enables Duke to:

(a) Support license amendment and Technical Specification revision requests for its McGuire and Catawba reactors.

(b) Perform nuclear design calculations on McGuire and Catawba reactor cores containing low enriched uranium fuel.

(c) Perform nuclear design calculations on future planned McGuire and Catawba reactor cores containing a mixture of low enriched uranium and mixed oxide fuels.

M. S. Tuckman (Continued)

(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke.

(a) Duke uses this information to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

(b) Duke can sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of nuclear power plants.

(c) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke.

5. Public disclosure of this information is likely to cause harm to Duke because it would allow competitors in the nuclear industry to benefit from the results of a significant development program without requiring a commensurate expense or allowing Duke to recoup a portion of its expenditures or benefit from the sale of the information.

M. S. Tuckman, being duly sworn, on his oath deposes and says that he is the person who subscribed his name to the foregoing statement, and that the matters and facts set forth in the statement are true.

M. S. Tuckman Sworn to and subscribed before me this I'5' day of ,200, Witness my hand and official seal.

Notary Public I My commission expires: J 22, 2- 0 6 SEAL