ML101800233
| ML101800233 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/02/2010 |
| From: | Stang J Plant Licensing Branch II |
| To: | Gillespie P Duke Energy Carolinas |
| Stang J, NRR/DORL, 415-1345 | |
| References | |
| TAC ME4646, TAC ME4647, TAC ME4648 | |
| Download: ML101800233 (3) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 2, 2010 Mr. Preston Gillespie 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 OCONEE NUCLEAR DESIGN METHODOLOGY USING CASMO-4/SIMULATE-3 MOX (TAC NOS. ME4646, ME4647, AND ME4648)
Dear Mr. Gillespie:
By letter dated December 18, 2009, Duke Energy Carolinas, LLC (Duke), submitted an affidavit dated June 8, 2009, executed by Thomas C. Geer, Vice President Duke Energy Carolinas, LLC, 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:
DPC-NE-1006-P Oconee Nuclear Design Methodology Using CASMO-4/SIMULATE-3 Request For Additional Information The affidavits stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
The information is owned by Duke and contains trade secrets. Public disclosure would allow a competitor to benefit from the results of a significant development program without requiring a commensurate expense or allowing Duke to recoup a portion would permit the competitor to significantly reduce its expenditures, in time or resources, to design, produce, or market a similar product or service.
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.
P. Gillespie
- 2 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.
~'~
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
ML101800233 OFFICE NRR/LPL2-1/PM NRR/LPL2-1/LA NRR/SNPB/BC NRR/LPL2-1/BC NAME JStang MO'Brien (SLittle for)
~Mendiola GKulesa DATE 10/20/10 10/20/10 10/22/10 11/2/10