ML14126A788

Request for Withholding Information from Public Disclosure

ML14126A788
Person / Time
Site:	Catawba, McGuire, Mcguire
Issue date:	05/09/2014
From:	Geoffrey Miller Plant Licensing Branch II
To:	Capps S, Gresham J, Henderson K Duke Energy Carolinas, Westinghouse
Miller G
References
TAC ME8829, TAC ME8830, TAC ME8831, TAC ME8832
Download: ML14126A788 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 9, 2014 Mr. Steven D. Capps Vice President

• McGuire Nuclear Station Duke Energy Carolinas, LLC 12700 Hagers Ferry Road Huntersville, NC 28078-8985 J. A. Gresham Manager, Regulatory Compliance Westinghouse Electric Company Suite 428, 1000 Westinghouse Drive Cranberry Township, PA 16066

SUBJECT:

CATAWBA NUCLEAR STATION, UNITS 1 AND 2 AND MCGUIRE NUCLEAR STATION, UNITS 1 AND 2- REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE {TAC NOS. ME8829, ME8830, ME8831, AND ME8832)

Dear Mr. Henderson,

Mr. Capps, and Mr. Gresham:

By letter dated May 31, 2012 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML12153A328), Duke Energy Carolinas, LLC (Duke, the licensee),

submitted affidavits to the U.S. Nuclear Regulatory Commission (NRC) dated March 15, 2012, and February 8, 2012, for Duke and Westinghouse Electric Company LLC (Westinghouse),

respectively. These affidavits were executed by Garry D. Miller, Senior Vice President, Nuclear Engineering, Duke Energy Corporation and by J. A. Gresham, Manager, Regulatory Compliance, Westinghouse. The affidavits requested that the information contained in the following corresponding document be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (1 0 CFR), Part 2, Section 2.390:

DPC-NE-1007-P, "Conditional Exemption of the EOG MTC Measurement Methodology," February 2012.

A nonproprietary copy of this document has been placed in the NRC's Public Document Room and added to the NRC Library in ADAMS at Accession No. ML12153A329.

Two affidavits were submitted because the report collectively contains information that is claimed to be proprietary to the respective companies. The affidavit submitted by Duke stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:

(a) Duke uses the 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.

The affidavit submitted by Westinghouse 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 Westinghouse's competitors without license from Westinghouse constitutes a competitive economic advantage over other companies.

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

(e) It reveals aspects of past, present, or future Westinghouse or customer funded development plans and programs of potential commercial value to Westinghouse.

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) 415-2481 or by e-mail at ed.miller@nrc.gov.

s(f,J)u, G. Edward Miller, Proj~ Manager Plant Licensing Branch 11-1 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-369, 50-370, 50-413, and 50-414 cc: Distribution via Listserv

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ML14126A788 * *via e-mail OFFICE NRR/DORULPL2-1/PM N RR/DORULPL2-1 /LA NRR/DSS/SNPB/BC NAME GEMiller SFigueroa JDean DATE 05/08/14 05/07/14 05/07/14 OFFICE NRRIDORULPL2-1/BC NAME RPascarelli DATE 05/09/14