ML13074A304

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Proposed Technical Specifications (TS) Amendment TS 3.1.3, Moderator Temperature Coefficient (Mtc) TS 5.6.5, Core Operating Limits Report (COLR) License Amendment Request for Conditional Exemption of the End of Cycle (EOC) Mtc Measurement
ML13074A304
Person / Time
Site: Mcguire, Catawba, McGuire  Duke Energy icon.png
Issue date: 03/13/2013
From: Capps S
Duke Energy Carolinas
To:
Document Control Desk, Office of Nuclear Reactor Regulation
References
TAC ME8829, TAC ME8830, TAC ME8831, TAC ME8832
Download: ML13074A304 (7)


Text

Duke STEVEN D CAPPS bEnergy Vice President McGuire Nuclear Station Duke Energy MG01 VP / 12700 Hagers Ferry Rd.

Huntersville, NC 28078 980-875-4805 980-875-4809 fax Steven. Capps@duke-energy. corn ATTACHMENT I TO THIS SUBMITTAL CONTAINS PROPRIETARY INFORMATION AND IS REQUESTED TO BE WITHHELD FROM PUBLIC DISCLOSURE IN ACCORDANCE WITH 10 CFR 2.390.

March 13, 2013 10 CFR 50.90 U.S. Nuclear Regulatory Commission Attention: Document Control Desk Washington, D.C. 20555

Subject:

Duke Energy Carolinas, LLC (Duke Energy)

Catawba Nuclear Station, Units 1 and 2 Docket Numbers 50-413 and 50-414 McGuire Nuclear Station, Units 1 and 2 Docket Numbers 50-369 and 50-370 Proposed Technical Specifications (TS) Amendment TS 3.1.3, "Moderator Temperature Coefficient (MTC)"

TS 5.6.5, "CORE OPERATING LIMITS REPORT (COLR)"

License Amendment Request for Conditional Exemption of the End of Cycle (EOC) MTC Measurement Methodology Response to NRC Request for Additional Information (TAC Numbers ME8829, ME8830, ME8831, and ME8832)

References:

1. Letter from Duke Energy to NRC dated May 31, 2012
2. Letter from NRC to Duke Energy dated January 22, 2013 Reference 1 requested amenclments to Catawba Facility Operating Licenses NPF-35 and NPF-52 and to McGuire Facility Operating Licenses NPF-9 and NPF-17 and the subject TS to modify the EOC MTC Surveillance Requirement (SR) by allowing an exemption to the SR if certain conditions are met. This conditional exemption from the SR will be determined on a cycle-specific basis. Reference 2 transmitted NRC Requests for Additional Information (RAIs) associated with the Reference 1 amendment request.

The purpose of this letter is to respond to the NRC RAIs. Attachment 1 to this letter contains Duke Energy's responses. The format of Attachment 1 is to restate each RAI, followed by its associated response.

www. duke-energy. comr

U.S. Nuclear Regulatory Commission Page 2 March 13, 2013 As Attachment 1 to this letter contains information proprietary to Duke Energy, it is supported by an affidavit signed by Duke Energy, the owner of the information. The attached affidavit (Attachment 2) sets forth the basis on which the information may be withheld from public disclosure by the NRC and address with specificity the considerations listed in paragraph (b)(4) of 10 CFR 2.390. Accordingly, it is requested that the information that is proprietary to Duke Energy be withheld from public disclosure in accordance with 10 CFR 2.390. Regarding the information that is proprietary to Duke Energy, correspondence with respect to the proprietary aspects of the information listed above or the supporting affidavit should reference the applicable Duke Energy Methodology Report number and should be addressed to the regulatory contact listed at the end of this letter.

The conclusions of the original regulatory evaluation and environmental consideration contained in Reference 1 are not impacted and continue to remain valid as a result of this RAI response.

There are no regulatory commitments contained in this letter or its attachments.

In accordance with 10 CFR 50.91, Duke Energy is notifying the applicable state officials of this RAI response by transmitting a copy of this letter and its non-proprietary attachment to the designated officials.

Should you have any questions concerning this information, please contact L.J. Rudy at (803) 701-3084.

Very truly yours, Steven D. Capps LJR/s Attachments

U.S. Nuclear Regulatory Commission Page 3 March 13, 2013 Steven D. Capps affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.

Steven D. C s/pSite Vice President Subscribed and sworn to me: /f niq q 3 20 JO/1 Date Notary Public My commission expires:

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U.S. Nuclear Regulatory Commission Page 4 March 13, 2013 xc (with all attachments):

V.M. McCree Regional Administrator U.S. Nuclear Regulatory Commission - Region II Marquis One Tower 245 Peachtree Center Ave., NE Suite 1200 Atlanta, GA 30303-1257 G.A. Hutto, III Senior Resident Inspector (Catawba)

U.S. Nuclear Regulatory Commission Catawba Nuclear Station J. Zeiler Senior Resident Inspector (McGuire)

U.S. Nuclear Regulatory Commission McGuire Nuclear Station J.H. Thompson (addressee only)

NRC Project Manager (Catawba and McGuire)

U.S. Nuclear Regulatory Commission One White Flint North, Mail Stop 8-G9A 11555 Rockville Pike Rockville, MD 20852-2738 xc (with attachment 2 only):

S.E. Jenkins Manager Radioactive and Infectious Waste Management Division of Waste Management South Carolina Department of Health and Environmental Control 2600 Bull St.

Columbia, SC 29201 W.L. Cox, III Section Chief Division of Environmental Health Radiation Protection Section North Carolina Department of Environment and Natural Resources 1645 Mail Service Center Raleigh, NC 27699

ATTACHMENT 2 Affidavit for Withholding Proprietary Information from Public Disclosure

AFFIDAVIT OF Garry D. Miller

1. I am Senior Vice President of Nuclear Engineering for Duke Energy, and as such have the responsibility of reviewing the proprietary information sought to be withheld from public disclosure in connection with nuclear plant licensing and am authorized to apply for its withholding on behalf of Duke.
2. 1 am making this affidavit in conformance with the provisions of 10 CFR 2.390 of the regulations of the Nuclear Regulatory Commission (NRC) and in conjunction with Duke's application for withholding which accompanies this affidavit.
3. I have knowledge of the criteria used by Duke in designating information as proprietary or confidential.
4. Pursuant to the provisions of paragraph (b) (4) of 10 CFR 2.390, the following is furnished for consideration by the NRC In determining whether the information sought to be withheld from public disclosure should be withheld.

(i) The information sought to be withheld from public disclosure is owned by Duke, and has been held in confidence by Duke and its consultants.

(ii) The information is of a type that would customarily be held in confidence by Duke.

The information consists of analysis methodology details, analysis results, supporting data, and aspects of development programs, relative to a method of analysis that provides a competitive advantage to Duke.

(iii) The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.390, it is to be received In confidence by the NRC.

(iv) The information sought to be protected is not available in public to the best of our knowledge and belief.

(v) The proprietary Information sought to be withheld in this submittal is that which is the response to the Request for Additional Information from the Nuclear Regulatory Commission dated January 22, 2013 concerning Duke methodology report DPC-NE-1007-P, Conditional Exemption of the EOC MTC Measurement Methodology. This information enables Duke to:

(a) Support license amendment and Technical Specification revision request for its McGuire and Catawba reactors.

(b) Conditionally Exempt the EOC MTC Measurement required by Technical Specification Surveillance Requirement 3.1.3.2.

(Continued) ry D. Miller

(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke.

(a) Duke uses this Information to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

(b) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke.

5. Public disclosure of this information is likely to cause harm to Duke because it would allow competitors in the nuclear industry to benefit from the results of its development program without requiring a commensurate expense or allowing Duke to recoup a portion of its expenditures or benefit from the sale of the information.

Garry D. Miller affirms that he is the person who subscribed his name to the foregoing statement, and that all the matters and facts set forth herein are true and correct to the best of his knowledge.

Gar- -

Miller Subscribed and sworn to me:

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QrJ.3 Date Notary Public My Commission Expire s_

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