ML023050023
| ML023050023 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/01/2002 |
| From: | Olshan L NRC/NRR/DLPM/LPD2 |
| To: | Tuckman M Duke Energy Corp |
| Olshan L N, NRR/DLPM, 415-1419 | |
| References | |
| DPC-NE-3000-P, Rev 1, DPC-NE-3000-P, Rev 2, DPC-NE-3000-P, Rev 3, TAC MB5441, TAC MB5442, TAC MB5443 | |
| Download: ML023050023 (4) | |
Text
November 1, 2002 Mr. M. S. Tuckman Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church Street Charlotte, NC 28201-1006
SUBJECT:
DUKE ENERGY CORPORATION, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1, 2 AND 3 (TAC NOS. MB5441, MB5442, AND MB5443)
Dear Mr. Tuckman:
By letter dated June 13, 2002, you submitted an affidavit dated June 13, 2002, executed by you, requesting that the following three documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
- 1. DPC-NE-3000-P, Revision 3, Thermal-Hydraulic Transient Analysis Methodology
- 2. DPC-NE-3003-P, Revision 1, Mass and Energy Release and Containment Response Methodology
- 3. DPC-NE-3005-P, Revision 2, UFSAR Chapter 15, Transient Analysis Methodology A nonproprietary copy of these documents has been placed in the Nuclear Regulatory Commission's (NRC's) Public Document Room and added to the Agencywide Documents Access and Management System Public Electronic Reading Room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
a) The information sought to be withheld from public disclosure is owned by Duke and has been held in confidence by Duke and its consultants.
b) 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.
c) The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.790. It is to be received in confidence by the NRC.
d) The information sought to be protected is not available in public to the best of our
[Dukes] knowledge and belief.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, have determined that the submitted
Mr. M.S. Tuckman information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the versions of the submitted information marked as proprietary will be withheld from public disclosure pursuant to 10 CFR 2.790(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 need arises, we may send copies of this information to our consultants working in this area. We will, of course, ensure that the consultants have signed the appropriate agreements for handling proprietary information.
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 in advance of any public disclosure.
If you have any questions regarding this matter, I can be reached at 301-415-1419.
Sincerely,
/RA/
Leonard N. Olshan Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page
ML023050023 OFFICE PDII-1/PM PDII-1/LA PDII-1/SC OGC SRXB/SC NAME LOlshan CHawes JNakoski MPSiemien RCaruso DATE 10/25/02 10/25/02 10/31/02 10/30/02 10/28/02 Oconee Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (PBO5E)
Duke Energy Corporation 422 South Church Street Charlotte, North Carolina 28201-1006 Anne W. Cottingham, Esquire Winston and Strawn 1400 L Street, NW Washington, DC 20005 Manager, LIS NUS Corporation 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Senior Resident Inspector U. S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, South Carolina 29672 Mr. Henry Porter, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. Michael A. Schoppman Framatome ANP 1911 North Ft. Myer Drive Suite 705 Rosslyn, VA 22209 Mr. L. E. Nicholson Compliance Manager Duke Energy Corporation Oconee Nuclear Site 7800 Rochester Highway Seneca, South Carolina 29672 Ms. Karen E. Long Assistant Attorney General North Carolina Department of Justice P. O. Box 629 Raleigh, North Carolina 27602 Mr. C. Jeffrey Thomas Manager - Nuclear Regulatory Licensing Duke Energy Corporation 526 South Church Street Charlotte, North Carolina 28201-1006 Mr. Richard M. Fry, Director Division of Radiation Protection North Carolina Department of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210