ML092450233

Request for Withholding Information from Public Disclosure, Regarding Reactor Protective System/Engineered Safeguards Protective System Digital Upgrade

ML092450233
Person / Time
Site:	Oconee
Issue date:	11/12/2009
From:	Stang J Plant Licensing Branch II
To:	Baxter D Duke Energy Carolinas
Arce, Jeannette 415-1596
References
TAC MD7999, TAC MD8000, TAC MD8001
Download: ML092450233 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 12, 2009 Mr. Dave Baxter Vice President, Oconee Site Duke Energy Carolinas, LLC 7800 Rochester Highway Seneca, SC 29672 SUB..IECT: OCONEE NUCLEAR STATION, UNITS 1,2, AND 3 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE REGARDING REACTOR PROTECTIVE SYSTEM/ENGINEERED SAFEGUARDS PROTECTIVE SYSTEM DIGITAL UPGRADE (TAC NOS. MD7999, MD8000 AND MD8001)

Dear Mr. Baxter:

By letter dated March 6, 2009, Duke Energy Carolinas, LLC, submitted an affidavit dated February 19, 2009, executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., requesting that the information contained in 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:

• AREVA NP Presentation entitled TELEPERM XS Requirements and Test of MSI Barrier

• AREVA NP Presentation entitled TELEPERM XS Requirements and Test of the Service Unit (SU) I Online System Barrier

• ISTec Test Report, Technical test report resulting from the technical inspection of the data transmission barrier of the Message- and Service-Interface in the Digital Safety Instrumentation and Control System TELEPERM XS, V1.00, November 2002 (translated from German)

• ISTec Test Report, Technical Test Report for testing the Data Processing Barrier of the Monitoring and Service Interface in Digital Safety I&C TELEPERM XS, Version 2.20, March 2008 The affidavit stated that the submitted information 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 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. Baxter -2 (c) 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.

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.

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

Sincerely, 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, and 50-287 cc: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501

D. Baxter -2 (c) 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.

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.

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

Sincerely, IRA by JThompson forI John F, Stang, Senior Project Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensin Office of Nuclear Reactor Regulation Docket Nos, 50-269, 50-270, and 50-287 cc: Distribution via Listserv cc: Mr. Mark J. Burzynski, Manager Product Licensing AREVA NP Inc.

3315 Old Forest Road Lynchburg, VA 24501 DISTRIBUTION:

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DATE 11/12/09 11/12/09 11/10/09 11/5/09 11/12/09 OFFICIAL RECORD COpy