ML031190055
| ML031190055 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 04/29/2003 |
| From: | Martin R NRC/NRR/DLPM/LPD2 |
| To: | Tuckman M Duke Energy Corp |
| Martin R, NRR/DLPM, 415-1493 | |
| References | |
| TAC MB2578, TAC MB2579, TAC MB2726, TAC MB2729 | |
| Download: ML031190055 (6) | |
Text
April 29, 2003 Mr. M. S. Tuckman Duke Energy Corporation 526 South Church Street P.O. Box 1006 EC07H Charlotte, NC 28201-1006
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE RE: CATAWBA NUCLEAR STATION, UNITS 1 AND 2, AND MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. MB2726, MB2729, MB2578 AND MB2579)
Dear Mr. Tuckman:
On May 23, 2002, a meeting was held between Duke Power (Duke) representatives and the Nuclear Regulatory Commission (NRC) staff regarding the topical report, DPC-NE-1005P, Nuclear Design Methodology Using CASMO-4/SIMULATE-3 MOX, for the Catawba and McGuire Nuclear Stations.
Duke made its presentation during this meeting utilizing a package with eight sections of printed information. As noted in the summary for that meeting (Reference 1), the first four sections of the package did not contain proprietary information and were placed in the public domain (Reference 2). The remainder of your presentation materials (Sections 5, 6, 7 and 8) was addressed by your letter and affidavit dated May 15, 2002, (Reference 3) wherein you submitted a proprietary version of the information in these sections that you intended to use in the May 23, 2002, meeting. By letter dated August 15, 2002, (Reference 4) you provided an additional affidavit for the specific proprietary material presented in the May 23, 2002, meeting.
You requested that the subject information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.790. The NRC staff questioned the categorization of certain portions of Section 5, 6, 7 and 8 as proprietary information. On November 5, 2002, your staff provided a non-proprietary version of all eight sections of your presentation materials (Reference 5) that designates, with brackets, the specific information sought to be withheld. Accordingly, our findings below are applicable to the specific information indicated by brackets in the November 5, 2002, submittal.
References:
1.
Meeting Summary of May 23, 2002, to discuss Topical Report DPC-NE-1005P, Nuclear Design Methodology Using CASMO-4/SIMULATE-3 MOX, dated June 24, 2002, NRC Agencywide Documents Access and Management System (ADAMS) Accession No. ML021780039.
2.
Transmittal of Meeting Handout Materials for Immediate Placement in the Public Domain, for a meeting held on May 23, 2002, ADAMS No. ML021540365.
3.
Letter, M. S. Tuckman, Duke Power, to U.S. NRC,
Subject:
Request for Withholding, dated May 15, 2002.
4.
Letter, M. S. Tuckman, Duke Power, to U.S. NRC, providing additional affidavit for proprietary materials used in the May 23, 2002, meeting, dated August 15, 2002.
5.
Transmittal, S. Copp, Duke Power, to R. Martin, NRC, providing redacted version of materials used in the meeting of May 23, 2002, dated November 5, 2002, ADAMS No.
In your affidavits you stated that 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.
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 handout information marked as proprietary, as specifically designated in your submittal dated November 5, 2002, 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 may be reached at 301-415-1493.
Sincerely,
/RA/
Robert E. Martin, Senior 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 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 may be reached at 301-415-1493.
Sincerely,
/RA/
Robert E. Martin, Senior 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 DISTRIBUTION:
PUBLIC PDII-1 R/F RScott JNakoski CHawes RMartin OGC RHaag, RII ADAMS ACCESSION NO: ML031190055 OFFICE PDII-1/PM PDII-1/LA SRXB/SC PDII-1/SC OGC NAME RMartin CHawes JWermiel JNakoski MPSiemen DATE 4/4/03 4/3/03 4/7/03 4/29/03 4/14/03 OFFICIAL RECORD COPY
McGuire Nuclear Station Catawba Nuclear Station cc:
Ms. Lisa F. Vaughn Legal Department (ECIIX)
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. Dhiaa Jamil Vice President, McGuire Site Duke Energy Corporation 12700 Hagers Ferry Road Huntersville, North Carolina 28078