ML083170444
| ML083170444 | |
| Person / Time | |
|---|---|
| Site: | Mcguire, Catawba, McGuire  |
| Issue date: | 12/22/2008 |
| From: | Jacqueline Thompson Plant Licensing Branch II |
| To: | Morris J Duke Energy Carolinas |
| Thompson Jon, NRR/DORL/LPL 2-1, 415-1119 | |
| References | |
| TAC MD7718, TAC MD7719, TAC MD7720, TAC MD7721 | |
| Download: ML083170444 (3) | |
Text
December 22, 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, UNITS 1 AND 2, AND MCGUIRE NUCLEAR STATION, UNITS 1 AND 2 (TAC NOS. MD7718, MD7719, MD7720 AND MD7721)
Dear Mr. Morris:
By letter dated December 18, 2008, Duke Energy Carolinas, LLC (the licensee), submitted an affidavit dated November 24, 2008, executed by J. A. Gresham, 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:
WCAP-15376 Implementation Guideline Approach to Address the Conditions and Limitations in the NRCs Safety Evaluation (Proprietary)
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:
(a)
The information reveals the distinguishing aspects of a process (or component, structure, tool, method, etc.) where prevention of its use by any of Westinghouse=s competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.
(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.
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.
J. Morris 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 301-415-1119.
Sincerely,
/RA/
Jon H. Thompson, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369 and 50-370 cc: Distribution via Listserve (also add greshaja@westinghouse.com)
J. Morris 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 301-415-1119.
Sincerely,
/RA/
Jon H. Thompson, Project Manager Plant Licensing Branch II-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-413, 50-414, 50-369 and 50-370 cc: Distribution via Listserve (also add greshaja@westinghouse.com)
DISTRIBUTION:
PUBLIC RidsAcrsAcnw_MailCTR Resource LPL2-1 R/F RidsRgn2MailCenter Resource RidsNrrDorlLpl2-1 Resource RidsNrrDeWKemper Resource RidsNrrPMJStang Resource RidsNrrDorlDprResource RidsNrrLAMOBrien Resource RidsOgcMailCenter Resource RidsNrrPMJThompson Resource ADAMS ACCESSION NO.: ML083170444 OFFICE LPL2-1/PM LPL2-1/PM LPL2-1/LA EICB/BC LPL2-1/BC NAME JThompson JStang MOBrien WKemper MWong (LOlshan for)
DATE 12/03/08 12/22/08 12/03/08 12/22/08 12/22/08 OFFICIAL RECORD COPY