ML070730663
| ML070730663 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Perry  |
| Issue date: | 03/28/2007 |
| From: | Olshan L NRC/NRR/ADRO/DORL/LPLII-1 |
| To: | Brandi Hamilton Duke Power Co |
| Olshan L N, NRR/DORL, 415-1419 | |
| References | |
| Download: ML070730663 (4) | |
Text
March 28, 2007 Mr. Bruce H. Hamilton Vice President, Oconee Site Duke Power Company LLC 7800 Rochester Highway Seneca, SC 29672
SUBJECT:
DUKE POWER COMPANY LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 - ARMORED CABLE TEST RESULTS
Dear Mr. Hamilton:
By letter dated March 8, 2007, you submitted an affidavit dated March 8, 2007, that requested that the following information be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:
Computer data files containing test results and photographs of the testing conducted in August and September, 2006, at Intertek Testing Laboratories, NA, Inc., for evaluation of fire-induced spruious actuations in armored-cable control circuits. These data and photographs were given to the NRC representative invited by Duke Power Company to witness the test, with the understanding they would not be publically disclosed.
The affidavit stated that this information should be considered exempt from mandatory public disclosure for the following reasons:
(i)
The information sought to be withheld from public disclosure is owned and has been held in confidence by Duke.
(ii)
The information is of a type customarily held in confidence by Duke, is not customarily disclosed to the public and is transmitted to the commission in confidence.
(iii)
The information sought to be protected is not now available in public sources to the best of our knowledge and belief and the release of such information might result in a loss of competitive advantage as follows:
a.
It reveals the distinguishing aspects of a methodology where prevention of its use by any Duke competitors without license from Duke constitutes a competitive economic advantage over other companies.
b.
It consists of supporting data, including analytical models, relative to a component or material, the application of which secures a competitive economic or technical advantage.
c.
Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, assurance of quality, or licensing a similar product.
B. Hamilton We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 test results from the testing for the evaluation of fire-induced spurious actuations in armored-cable control circuits at Intertek Testing Laboratories, NA, Inc., marked as proprietary, 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 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 301-415-1419.
Sincerely,
/RA/
Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page B. Hamilton March 28, 2007 We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 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 test results from the testing for the evaluation of fire-induced spurious actuations in armored-cable control circuits at Intertek Testing Laboratories, NA, Inc., marked as proprietary, 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 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 301-415-1419.
Sincerely,
/RA/
Leonard N. Olshan, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page Distribution:
Public RidsNrrDorlLpl2-1 (EMarinos)
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Accession Number: ML070730663 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA RES/DRASP/OERA/FT NRR/LPL2-1/BC NAME LOlshan:nc MOBrien MSalley EMarinos DATE 3/28/07 3/22/07 3/27/07 3/28/07 OFFICIAL RECORD COPY
Oconee Nuclear Station, Units 1, 2, and 3 cc:
Mr. Bruce H. Hamilton Vice President, Oconee Site Duke Power Company LLC 7800 Rochester Highway Seneca, SC 29672 Ms. Lisa F. Vaughn Associate General Counsel and Managing Attorney Duke Energy Carolinas, LLC 526 South Church Street - EC07H Charlotte, North Carolina 28202 Manager, LIS NUS Corporation 2650 McCormick Dr., 3rd Floor Clearwater, FL 34619-1035 Senior Resident Inspector U.S. Nuclear Regulatory Commission 7812B Rochester Highway Seneca, SC 29672 Mr. Henry Porter, Director Division of Radioactive Waste Management Bureau of Land and Waste Management Dept. of Health and Env. Control 2600 Bull St.
Columbia, SC 29201-1708 Mr. Michael A. Schoppman Framatome ANP 1911 North Ft. Myer Dr.
Suite 705 Rosslyn, VA 22209 Mr. B. G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672 Mr. Leonard G. Green Assistant Attorney General NC Department of Justice P.O. Box 629 Raleigh, NC 27602 Mr. R. L. Gill, Jr.
Manager - Nuclear Regulatory Issues and Industry Affairs Duke Power Company LLC 526 S. Church St.
Mail Stop EC05P Charlotte, NC 28202 Division of Radiation Protection NC Dept of Environment, Health, & Natural Resources 3825 Barrett Dr.
Raleigh, NC 27609-7721 Mr. Peter R. Harden, IV VP-Customer Relations and Sales Westinghouse Electric Company 6000 Fairview Road 12th Floor Charlotte, NC 28210 Mr. Henry Barron Group Vice President, Nuclear Generation and Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006 Mr. Charles Brinkman Director, Washington Operations Westinghouse Electric Company 12300 Twinbrook Parkway, Suite 330 Rockville, MD 20852 Ms. Kathryn B. Nolan Senior Counsel Duke Energy Carolinas, LLC 526 South Church Street - EC07H Charlotte, NC 28202