ML081060156

Areva Np Incorp. Request for Withholding Information from Public Disclosure for Oconee, Units 1,2, & 3

ML081060156
Person / Time
Site:	Oconee
Issue date:	05/27/2008
From:	Olshan L NRC/NRR/ADRO/DORL/LPLII-1
To:	Burzynski M AREVA NP
Olshan L N, NRR/DLPM, 415-1419
References
TAC MD7999, TAC MD8000, TAC MD8001
Download: ML081060156 (4)

Text

May 27, 2008 Mr. Mark J. Burzynski AREVA NP Incorporated 3315 Old Forrest Road P. O. Box 10935 Lynchburg, VA 24506-0935

SUBJECT:

AREVA NP INCORPORATED, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (OCONEE) (TAC NOS. MD7999. MD8000, and MD8001)

Dear Mr. Burzynski:

The letter dated January 31, 2008, Mr. Dave Baxter of Duke Energy Carolinas, LLC, submitted a license amendment request for a digital upgrade to the Oconee Reactor Protective System and Engineered Safeguards Protective System. Enclosures 4 and 5 to this letter contained your affidavits dated January 22, 2008, that requested that the information contained in Enclosures 1, 2 and 6 be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390.

A nonproprietary copy of the January 31, 2008, letter is available in the U.S. Nuclear Regulatory Commissions (NRCs) Public Document Room and added to the Agencywide Documents Access and Management Systems Public Electronic Reading Room under accession number ML080730339.

The affidavits stated that the following criteria are customarily applied by AREVA NP to determine whether information should be classified as proprietary:

(a)

The information reveals details of AREVA NP=s research and development plans and programs or their results.

(b)

Use of the information by a competitor would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.

(c)

The information includes test data or analytical techniques concerning a process, methodology, or component, the application of which results in a competitive advantage for AREVA NP.

(d)

The information reveals certain distinguishing aspects of a process, methodology, or component, the exclusive use of which provides a competitive advantage for AREVA NP in product optimization or marketability.

(e)

The information is vital to a competitive advantage held by AREVA NP, would be helpful to competitors to AREVA NP, and would likely cause substantial harm to the competitive position of AREVA NP.

The affidavits stated that the information contained in Enclosures 1, 2, and 6 to the January 31, 2008, letter is considered proprietary for the reasons set forth in paragraphs (b), (c), and (d) above.

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 version of the submitted information 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

The affidavits stated that the information contained in Enclosures 1, 2, and 6 to the January 31, 2008, letter is considered proprietary for the reasons set forth in paragraphs (b), (c), and (d) above.

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 version of the submitted information 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:

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Accession Number: ML081060156 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/DE/EICB/BC NRR/LPL2-1/BC NAME LOlshan MOBrien WKemper MWong DATE 4/30/08 4/29/08 5/19/08 5/5/08 OFFICIAL RECORD COPY

Oconee Nuclear Station, Units 1, 2, and 3 cc:

Mr. Dave Baxter 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. B. G. Davenport Regulatory Compliance Manager Oconee Nuclear Site Duke Energy Corporation ON03RC 7800 Rochester Highway Seneca, SC 29672 Ronnie L. Gardner, PMP Manager, Site Operations and Corporate Regulatory Affairs AREVA NP Inc.

An AREVA AND Siemens Company 3315 Old Forest Road OF -16 Lynchburg, VA 24501 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