ML082000134
| ML082000134 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 07/14/2008 |
| From: | Baxter D Duke Energy Carolinas, Duke Energy Corp |
| To: | Document Control Desk, Office of Nuclear Reactor Regulation |
| References | |
| DPC-NE-2015-P | |
| Download: ML082000134 (12) | |
Text
S Duke DAVE BAXTER Energy.v Vice President Oconee Nuclear Station Duke Energy Corporation ONO1 VP/7800 Rochester Highway Seneca, SC 29672 864-885-4460 864-885-4208 fax dabaxter@dukeenergy. com July 14, 2008 U. S. Nuclear Regulatory Commission Attn: Document Control Desk Washington, D. C. 20555-0001
Subject:
Duke Energy Carolinas, LLC Oconee Nuclear Site, Units 1,2, and 3 Docket Numbers 50-269, 50-270, and 50-287 Requests for Additional Information for Proposed License Amendment Request to Revise the Technical Specifications for AREVA NP Mark-B-HTP Fuel and for Methodology Report DPC-NE-2015-P "Mark-B-HTP Fuel Transition Methodology" License Amendment Request No. 2007-12 Duke Energy Carolinas, LLC (Duke) submitted a license amendment request (LAR) dated October 22, 2007, for the Oconee Nuclear Station Renewed Facility Operating License (FOL) and Technical Specifications (TS) pursuant to 10 CFR 50.90. Specifically, Duke requested NRC review and approval of methodology report DPC-NE-2015-P, "Mark-B-HTP Fuel Transition Methodology" and revisions to Technical Specifications 2.1.1.2 and 5.6.5.b. Associated revisions to associated Technical Specification Bases B.2.1.1 and B.3.4.1 are provided. These revisions will allow the use of the AREVA NP Mark-B-HTP fuel design at the Oconee Nuclear Station beginning with Oconee Unit 2 Cycle 24 in December 2008. The Mark-B-HTP design is currently in use at several B&W design reactors.
Duke met with the NRC on March 3, 2008 to facilitate the LAR review. In emails dated May 8, 2008 and May 28, 2008, Duke received requests for additional information (RAI). Attachment 1 of this submittal contains the supplemental information required to address the RAI.
This report contains information that is proprietary to Duke and AREVA NP. In accordance with 10 CFR 2.390, Duke requests that this information be withheld from public disclosure. Affidavits are included (Enclosures 2 and 3) from each organization attesting to the proprietary nature of the information in the report. The specific information that is proprietary to each organization is identified in the report. A non-proprietary version of this report will be submitted by separate cover letter following approval.
The attachments to this letter contain sensitive information Withhold From Public Disclosure Under 10 CFR 2.390(d)(1).
Upon removal of the attachments, this letter is uncontrolled.
www. duke-energy. com
Nuclear Regulatory Commission License Amendment Request No. 2007-12 July 14, 2008 Page 2 Duke requests approval of this LAR by September 30, 2008 with the amendment to become effective commencing with Oconee Unit 2 Cycle 24.
This response is bounded by the initial review and approval of thePlant Operations Review Committee and Nuclear Safety Review Board; therefore, additional. reviews were not required&
Additionally, a copy of this response is being sent to the State of South Carolina in accordance with 10 CFR 50.9.1 requirements.
Inquiries on this pfoposed amendment request should be directed to Reene' Gambrell of the Oconee Regulatory Compliance Grouptat (864) 885-3364.
Sincerely, Dave axter, Vice President Oconee Nuclear Site
Enclosures:
- 1. Notarized.Affidavit of Dave Baxter
- 2. Notarized Affidavit of T.. C, Geer
- 3. Notarized Affidavit of Gayle F. Elliott
Attachment:
I. Oconee NuClear Station, Mark-wB-HTP Fuel Transition Methodology, Response to NRC Request for Additional Information The attachments to this letter contain sensitive information Withhold From Public Disclosure Under 10.CFR 2.390(d)(1).
Upon removal of the attachments,,this letteris uncontrolled.
Nuclear Regulatory Commission License Amendment Request No. 2007-12 July 14, 2008 bc w/enclosures and attachments:
Mr. Luis Reyes, Regional Administrator U. S. Nuclear Regulatory Commission - Region II Atlanta Federal Center 61 Forsyth St., SW, Suite 23T85 Atlanta, Georgia 30303 Mr. Lenny Olshan, Project Manager Office of Nuclear Reactor Regulation U. S. Nuclear Regulatory Commission Mail Stop 0-14 H25 Washington, D. C. 20555 Mr. Andy Hutto Senior Resident Inspector Oconee Nuclear Site Ms. Susan E. Jenkins, Manager, Infectious and Radioactive Waste Management Section 2600 Bull Street Columbia, SC 29201 The attachments to this letter contain sensitive information Withhold From Public Disclosure Under 10 CFR 2.390(d)(1).
Upon removal of the attachments, this letter is uncontrolled.
Page 3
ENCLOSURE 1 AFFIDAVIT OF DAVE BAXTER
Enclosure I - Notarized Affidavit License Amendment Request No. 200712 July 14, 2008 Page 1 AFFIDAVIT Dave Baxter, being duly sworn, states that he is Vice President, Oconee Nuclear Site, Duke Energy Carolinas, LLC, that he is authorized on the part of said Company to sign and file with the U. S. Nuclear Regulatory Commission this revision to the Renewed Facility Operating License Nos. DPR-38, DPR-47, and DPR-55; and that all statements and matters set forth herein are true and correct to the best of his knowledge.
Dave Baxt Vice President Oconee uclear Site' Subscribed and sworn to before me this
/ i day of Jt'/L-
, 2008 1iotary Public My Commission Expires:
Date
-f SEAL
ENCLOSURE 2 AFFIDAVIT OF T. C. GEER
AFFIDAVIT OF THOMAS C. GEER
- 1. I am Vice President of Duke Energy Corporation and as such have the responsibility of reviewing.the proprietary information sought to be withheld from public disclosure in connection with nuclear plant licensing and am authorized to apply for its withholding on behalf of Duke.
- 2. I am making this affidavit in conformance with the provisions of 10 CFR 2.390 of the regulations of the Nuclear Regulatory Commission (NRC) and in conjunction with Duke's application for withholding which accompanies this affidavit.
- 3.
I have knowledge of the criteria used by Duke in designating information as proprietary or confidential.
- 4. Pursuant to the provisions of paragraph (b) (4) of 10 CFR 2.390, 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 2.390, 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 of our knowledge and belief.
(v) The proprietary information sought to be withheld in the submittal is that which is marked in the proprietary version of the response to the Request for Additional Information from the Nuclear Regulatory Commission concerning Revision 0 to the Duke methodology report DPC-NE-2015-P, Oconee Nuclear Station Mark-B-HTP Fuel Transition Methodology. This information enables Duke to:
(a) Support license amendment and Technical Specification revision requests for its Oconee reactors.
(b) Perform nuclear design calculations on Oconee reactor cores containing low enriched uranium fuel.
(Continued)
T. C. Geer
(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke.
(a) Duke uses this information to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power, plants.
(b) Duke. can 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.
Thomas C. Geer affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.
Thomas C. Geer Subscribed and sworn to me:
~LAfl~eI ',
DDate S.P e
Notary Public My Commission Expires:
f c
e cQooGq SEAL
ENCLOSURE 3 AFFIDAVIT OF GAYLE F. ELLIOTT
AFFIDAVIT COMMONWEALTH OF VIRGINIA
)
) ss.
CITY OF LYNCHBURG
)
- 1.
My name is Gayle F. Elliott. I am Manager, Product Licensing, for AREVA NP Inc. and as such I am authorized to execute this Affidavit.
- 2.
I am familiar with the criteria applied by AREVA NP to determine whether certain AREVA NP information is proprietary. I am familiar with the policies established by AREVA NP to ensure the proper application of these criteria.
- 3.
I am familiar with the AREVA NP information contained in the Response to NRC RAI on DPC-NE-2015-P, Revision 0, "Oconee Nuclear Station Mark-B-HTP Fuel Transition Methodology," dated June 2008 and referred to herein as "Document." Information contained in this Document has been classified by AREVA NP as proprietary in accordance with the policies established by AREVA NP for the control and protection of proprietary and confidential information.
- 4.
This Document contains information of a proprietary and confidential nature and is of the type customarily held in confidence by AREVA NP and not made available to the public. Based on my experience, I am aware that other companies regard information of the kind contained in this Document as proprietary and confidential.
- 5.
This Document has been made available to the U.S. Nuclear Regulatory Commission in confidence with the request that the information contained in this Document be withheld from public disclosure. The request for withholding of proprietary information is made in accordance with 10 CFR 2.390. The information for which withholding from disclosure is
requested qualifies under 10 CFR 2.390(a)(4) "Trade secrets and commercial or financial information."
- 6.
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 information in the Document is considered proprietary for the reasons set forth in paragraphs 6(b) and 6(c) above.
- 7.
In accordance with AREVA NP's policies governing the protection and control of information, proprietary information contained in this Document have been made available, on a limited basis, to others outside AREVA NP. only as required and under suitable agreement providing for nondisclosure and limited use of the information.
- 8.
AREVA NP policy requires that proprietary information be kept in a secured file or area and distributed on a need-to-know basis.
- 9.
The foregoing statements are true and correct to the best of my knowledge, information, and belief.
SUBSCRIBED before me this ii!
day of 2008.
&UAIVAý-ý Sherry L. McFaden NOTARY PUBLIC, COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES: 10/31/10 Reg. # 7079129 I
I I
I SHERRY L. MCFADIN Notary Public Commonwealth of Vlnfgna 7079129 My Commission Expires Oct 31, 20101