ML11356A154

Request for Withholding Information from Public Disclosure

ML11356A154
Person / Time
Site:	Harris
Issue date:	02/08/2012
From:	Billoch-Colon A Plant Licensing Branch II
To:	Burton C Progress Energy Carolinas
Gleaves B (301) 415-5848
References
TAC ME6169, ER-697, Rev 2, ER-720, Rev 2
Download: ML11356A154 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555*0001 February 8, 2012 Christopher L. Burton, Jr., Vice President Shearon Harris Nuclear Power Plant Progress Energy Carolinas, Inc.

Post Office Box 165, Mail Code: Zone 1 New Hill, North Carolina 27562-0165

SUBJECT:

SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1 - REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE (TAC NO. ME6169)

Dear Mr. Burton:

By letters to the Nuclear Regulatory Commission (NRC) dated April 28, 2011 and June 23, 2011 (Agencywide Documents Access and Management system (ADAMS) Accession No. ML11124A180 and ML11179A052, respectively), Carolina Power & Light Company, submitted an affidavit dated January 18, 2011, executed on behalf of Cameron International Corporation by Cal Hastings, General Manager, requesting that information contained in the following documents be withheld from public disclosure pursuant to paragraph (b)(4) of Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

• Caldon Ultrasonics Engineering Report ER-697, Rev. 2, "Bounding Uncertainty Analysis for Thermal Power Determination at Harris Unit 1 Using the LEFM../+ System."

• Caldon Ultrasonics Engineering Report ER-720, Rev. 2, "Meter Factor Calculation and Accuracy Assessment for Harris Nuclear Plant."

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 Cameron's competitors without license from Cameron constitutes a competitive economic advantage over other companies.

(b) It consists of supporting data, including test data, relative to a process (or component, structure, tool, method, etc.), the application of which data secures a competitive advantage, e.g., by optimization or improved marketability.

(c) Its use by a competitor would reduce his expenditure of resources or improve his competitive position in the design, manufacture, shipment, installation, and assurance of quality, or licensing a similar product.

C. Burton

- 2 (d)

It reveals cost or price information, production capacities, budget levels, or commercial strategies of Cameron, its customer or suppliers.

(e)

It reveals aspects of past, present or future Cameron or customer funded development plans and programs of potential customer value to Cameron.

(f)

It contains patentable ideas, for which patent protection may be desirable.

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 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 301-415-3302.

Sincerely,

~*T.~U Araceli T. Billoch Colon, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor licenSing Office of Nuclear Reactor Regulation Docket No. 50-400 cc:

Cal Hastings, General Manager Caldon Ultrasonics Technology Center 1000 McClaren Woods Drive Coraopolis, PA 15108 Additional distribution via Listserv

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ABiliochCol6n DATE 213/12 12/3/12 218112 218112