ML082120449

Duke Energy Carolinas, LLC, Request for Withholding Information from Public Disclosure for Catawba Nuclear Station, Unit 1

ML082120449
Person / Time
Site:	Catawba
Issue date:	08/06/2008
From:	Stang J NRC/NRR/ADRO/DORL/LPLII-1
To:	Morris J Duke Energy Carolinas
Stang J, NRR/DORL, 415-1345
References
Download: ML082120449 (5)

Text

August 06, 2008 Mr. J. R. Morris Site Vice President Catawba Nuclear Station Duke Energy Carolinas, LLC 4800 Concord Road York, SC 29745

SUBJECT:

DUKE ENERGY CAROLINAS, LLC, REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR CATAWBA NUCLEAR STATION, UNIT 1

Dear Mr. Morris:

By letter dated June 23, 2008, Duke Energy Carolinas, LLC (licensee), submitted an affidavit dated June 23, 2008, executed by you, requesting that the information contained in the following document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

Special Operation Report for Catawba Unit 1 Cycle 17 with Mixed Oxide Fuel Lead Assemblies A nonproprietary copy of this document has been placed in the Nuclear Regulatory Commission's (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:

(i) The information is of a type that is customarily held in confidence by Duke. This information is proprietary to Duke, and Duke seeks to protect it as such. The information consists of analysis methodology details, analysis results, and supporting data that provide a competitive advantage to Duke. Duke submits that a rational basis therefore exists for treatment of this information as proprietary.

(ii) 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.

(iii) The information sought to be withheld is not available from public sources to the best of Duke's knowledge and belief.

(iv) Public disclosure of the proprietary information Duke seeks to protect is likely to cause substantial harm to Duke's competitive position within the meaning of 10 CFR 2.390(b)(4)(v). The proprietary information has substantial commercial value to Duke. For example:

(a) Duke uses this information to reduce vendor and consultant expenses associated with supporting the operation and licensing of its nuclear power plants.

J. Morris (b) Duke could sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of other nuclear power plants.

(c) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke.

(d) 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 2.390 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 301-415-1345.

Sincerely,

/RA/

John Stang, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-413 cc: Plant Mailing List

J.Morris (b) Duke could sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of other nuclear power plants.

(c) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke.

(d) 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 2.390 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 301-415-1345.

Sincerely,

/RA/

John Stang, Senior Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket No. 50-413 cc: Plant Mailing List DISTRIBUTION:

PUBLIC RidsNrrLAMO=Brien (hard copy) RidsOgcMailCenter Resource LPL2-1 R/F RidsAcrsAcnw_MailCTR Resource RidsPMJThompson RidsNrrDorlLpl2-1 (MWong) RidsRgn2MailCenter RidsNrrPMJStang (hard copy) RidsNrrDssGCranston Accession Number: ML082120449 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/SRXB/BC NRR/LPL2-1/BC NAME JThompson JStang MO=Brien GCranston MWong DATE 8/08 /08 8/ 11 /08 8/ 06 /08 8/ 08 /08 8/ 06 /08 OFFICIAL RECORD COPY

Catawba Nuclear Station, Units 1 & 2 Page 1 of 2 cc:

Site Vice President Senior Resident Inspector Catawba Nulcear Station U.S. Nuclear Regulatory Commission Duke Power Company, LLC 4830 Concord Road 4800 Concord Road York, South Carolina 29745 York, SC 29745 Assistant Director Associate General Counsel and Managing Division of Waste Management Attorney Bureau of Land and Waste Management Duke Energy Carolinas, LLC Dept. of Health and Environmental Control 526 South Church Street - EC07H 2600 Bull Street Charlotte, North Carolina 28202 Columbia, South Carolina 29201-1708 Regulatory Compliance Manager Duke Energy Corporation Nuclear Regulatory Issues 4800 Concord Road and Industry Affairs York, South Carolina 29745 Duke Energy Corporation 526 South Church Street North Carolina Municipal Power Mail Stop EC05P Agency Number 1 Charlotte, North Carolina 28202 1427 Meadowwood Boulevard P.O. Box 29513 Saluda River Electric Raleigh, North Carolina 27626 P.O. Box 929 Laurens, South Carolina 29360 County Manager of York County York County Courthouse Vice President York, South Carolina 29745 Customer Relations and Sales Westinghouse Electric Company Piedmont Municipal Power Agency 6000 Fairview Road 121 Village Drive 12th Floor Greer, South Carolina 29651 Charlotte, North Carolina 28210 Assistant Attorney General Owners Group (NCEMC)

North Carolina Department of Justice Duke Energy Corporation P.O. Box 629 4800 Concord Road Raleigh, North Carolina 27602 York, South Carolina 29745 NCEM REP Program Manager Senior Counsel 4713 Mail Service Center Duke Energy Carolinas, LLC Raleigh, North Carolina 27699-4713 526 South Church Street - EC07H Charlotte, NC 28202 North Carolina Electric Membership Corp.

P.O. Box 27306 Raleigh, North Carolina 27611

Catawba Nuclear Station, Units 1 & 2 Page 2 of 2 cc:

Division of Radiation Protection NC Dept. of Environment, Health, and Natural Resources 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Group Vice President, Nuclear Generation and Chief Nuclear Officer P.O. Box 1006-EC07H Charlotte, NC 28201-1006