ML092180615

Request for Withholding Information from Public Disclosure for Oconee Nuclear Station, Units 1, 2, and 3 Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade (TAC Nos. MD7999, MD8000, and 8001) - Suppl

ML092180615
Person / Time
Site:	Oconee
Issue date:	09/02/2009
From:	Stang J Plant Licensing Branch II
To:	Baxter D Duke Energy Carolinas
References
TAC MD7999, TAC MD8000, TAC MD8001
Download: ML092180615 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 2, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 SUB~IECT: REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE FOR OCONEE NUCLEAR STATION, UNITS 1,2, AND 3 REGARDING REACTOR PROTECTIVE SYSTEM/ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS. MD7999, MD8000 AND MD8001)

Dear Mr. Baxter:

By letter dated November 19, 2008, Duke Energy Carolinas, LLC, submitted affidavits dated October 29,2008 and October 30,2008, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., requesting that the following documents be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Part 2, Section 2.390:

• Condition Report 2008-5083

• Condition Report 2008-5104

• Condition Report 2008-5567

• Operating Instruction 01-1460-08, TELEPERM XS Software Configuration Management Plan

• Operating Instruction 01-1583-03, Software Library and Control

• Operating Instruction 01-1611-01, Design Process

D. Baxter -2 The affidavits stated that the above documents should be considered exempt from mandatory public disclosure for the following reasons:

(a) 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.

(b) 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.

(c) 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.

We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.

Therefore, the aforementioned documents 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 Nuclear Regulatory Commission (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.

D. Baxter -3 If you have any questions regarding this matter, I may be reached at 301-415 -1345.

Sincerely, r--~~

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n F. Stang, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, 50-287 cc: Distribution via Listserv cc: Mr. Ronnie L. Gardner, Manager Site Operations and Regulatory Affairs AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501

D. Baxter -3 If you have any questions regarding this matter, I may be reached at 301-415 -1345.

Sincerely, IRA!

John F. Stang, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, 50-287 cc: Distribution via Listserv cc: Mr. Ronnie L. Gardner, Manager Site Operations and Regulatory Affairs AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 DISTRIBUTION:

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