ML092450325

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

ML092450325
Person / Time
Site:	Oconee
Issue date:	11/12/2009
From:	Stang J Plant Licensing Branch II
To:	Baxter D Duke Energy Carolinas
Arce, Jeannette 301-492-3411
References
TAC MD7999, TAC MD8000, TAC MD8001
Download: ML092450325 (4)

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

SUBJECT:

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 April 3, 2009, Duke Energy Carolinas, LLC, submitted affidavits dated February 17, 2009, February 19, 2009 (2), March 19,2009, and March 31, 2009 (2), executed by Mark J. Burzynski, Manager, Product Licensing, AREVA NP Inc., 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:

AREVA NP Operating Instruction 01-1639-00, Software Review and Audits AREVA NP document 51-9079808-003, Oconee Nuclear Station Unit 3 RPS/ESFAS Controls Upgrade Software Verification and Validation Plan

• AREVA NP Presentation entitled TELEPERM XS On-line Self-monitoring ISTec Test Report, Supplementary Technical Test Report on the Type Test of the Self Test for Computers of the Digital Safety I&C System TELEPERM XS, Version 2.00, August 2002 (translated from German)

AREVA NP document 51-9019354-004, Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Software Configuration Items List AREVA NP document 51-9062040-003, Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Requirements Traceability Matrix Report AREVA NP document 51-9105739-000, Oconee Nuclear Station Unit 1 RPS/ESFAS Controls Upgrade Test Phase V&V ActiVity Summary Report AREVA NP document 32-9009296-005, Oconee Nuclear Station, Unit 1 RPS/ESFAS Controls Upgrade Response Time Calculation

D. Baxter

- 2 The affidavits stated that the submitted inforamtion 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.

(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 affidavits, 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,

~dJ;b-~

John F. Stang, Senior Project Manage 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

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DATE 11/12/09 11/12/09 11/10/09 11/5/09 11/12/09