ML023120274
| ML023120274 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 11/08/2002 |
| From: | Martin R NRC/NRR/DLPM/LPD2 |
| To: | Canady K Duke Energy Corp |
| Martin D, NRR/DLPM, 415-7254 | |
| References | |
| TAC MB3105, TAC MB3106, TAC MB3173, TAC MB3175 | |
| Download: ML023120274 (7) | |
Text
November 8, 2002 Mr. K. S. Canady Vice President Duke Energy Corporation 526 South Church Street Charlotte, NC 28201-1006
SUBJECT:
DUKE ENERGY CORPORATION, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CATAWBA AND MCGUIRE NUCLEAR STATIONS, UNITS 1 AND 2 (TAC NOS. MB3105, MB3106, MB3173 AND MB3175)
Dear Mr. Canady:
By letter dated September 13, 2001, and August 14, 2002, you submitted affidavits, executed by you, dated September 13, 2001, and August 14, 2002, requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790:
Appendix E to Topical Report DPC-NE-2005P, Duke Power Thermal-Hydraulic Statistical Core Design Methodology (PROPRIETARY)
Letter dated August 14, 2002, K. S. Canady, Duke Power, to U.S. Nuclear Regulatory Commission's (NRCs) responding to request for additional information.
A nonproprietary copy of these documents, that was included as Attachment 2 to your letters, has been placed in the 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:
4.
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 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.
iv) The information sought to be protected is not available in public to the best our
[Dukes] knowledge and belief.
Mr. K. S. Canady v)
The proprietary information sought to be withheld in this submittal is that which is marked in the proprietary version of the report DPC-NE-2005, Duke Power company Thermal-Hydraulic Statistical Core Design Methodology, and supporting documentation, and omitted from the non-proprietary versions. This information enables Duke to:
(a)
Respond to Generic letter 83-11, Licensee Qualification for Performing Safety Analyses in Support of Licensing Actions.
(b)
Support license amendment and Technical Specification revision requests for McGuire and Catawba reactors with advanced Mk-BW fuel assemblies manufactured by Framatome Advanced Nuclear Power.
(c)
Perform safety reviews per 10 CFR 50.59.
(d)
Evaluate core thermal-hydraulic performance and support the establishment of core operating limits.
vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke.
(a)
It allows Duke to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.
(b)
Duke intends to 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.
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 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.
Mr. K. S. Canady November 8, 2002 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 301-415-1493.
Sincerely,
/RA/
Robert E. Martin, Project Manager, Section 1 Project Directorate II Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369 and 50-370 cc: See next page
ML023120274 OFFICE PDII-1/PM PDII-1/PM SRXB PDII-1/LA PDII-1/SC OGC NAME RMartin CPatel THuang CHawes JNakoski MPSiemien DATE 10/28/02 10/28/02 10/28/02 10/25/02 11/6/02 11/ 05/02 McGuire Nuclear Station Catawba Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (PBO5E)
Duke Energy Corporation 422 South Church Street Charlotte, North Carolina 28201-1006 County Manager of Mecklenburg County 720 East Fourth Street Charlotte, North Carolina 28202 Mr. Michael T. Cash Regulatory Compliance Manager Duke Energy Corporation McGuire Nuclear Site 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Anne Cottingham, Esquire Winston and Strawn 1400 L Street, NW.
Washington, DC 20005 Senior Resident Inspector c/o U. S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Huntersville, North Carolina 28078 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, North Carolina 28210 Dr. John M. Barry Mecklenburg County Department of Environmental Protection 700 N. Tryon Street Charlotte, North Carolina 28202 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 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 NCEM REP Program Manager 4713 Mail Service Center Raleigh, NC 27699-4713 Mr. T. Richard Puryear Owners Group (NCEMC)
Duke Energy Corporation 4800 Concord Road York, South Carolina 29745
McGuire Nuclear Station Catawba Nuclear Station cc:
Mr. Gary Gilbert Regulatory Compliance Manager Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 North Carolina Municipal Power Agency Number 1 1427 Meadowwood Boulevard P. O. Box 29513 Raleigh, North Carolina 27626-0513 County Manager of York County York County Courthouse York, South Carolina 29745 Piedmont Municipal Power Agency 121 Village Drive Greer, South Carolina 29651 Saluda River Electric P. O. Box 929 Laurens, South Carolina 29360 Virgil R. Autry, Director Division of Radioactive Waste Management Bureau of Solid and Hazardous Waste Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 North Carolina Electric Membership Corporation P. O. Box 27306 Raleigh, North Carolina 27611 Senior Resident Inspector 4830 Concord Road York, South Carolina 29745 Mr. G. R. Peterson Site Vice President Catawba Nuclear Station Duke Energy Corporation 4800 Concord Road York, South Carolina 29745 Mr. H. B. Barron Vice President, McGuire Site Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, North Carolina 28078