ML15112A233
| ML15112A233 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 08/28/1998 |
| From: | Labarge D NRC (Affiliation Not Assigned) |
| To: | Tuckman M DETROIT EDISON CO. |
| References | |
| TAC-M99349, TAC-M99350, TAC-M99351, NUDOCS 9809030371 | |
| Download: ML15112A233 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20565-W001 o
4August 28, 1998 Mr. M. S. Tuckman Senior Vice President Nuclear Generation Duke Energy Corporation P.O. Box 1006.
Charlotte, NC 28201-1006
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE-- OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (TAC NOS. M99349, M99350, AND M99351)
Dear Mr. Tuckman:
By letter dated July 23, 1998, Duke Energy Corporation (Duke) responded to an NRC request for additional information on Topical Report DPC-NE-3005, "UFSAR [Updated Final Safety Analysis Report] Chapter 15 Transient Analysis Methodology," and considered the information proprietary. An affidavit dated July 23, 1998, was also included. As stated in the affidavit, the information included in the submittal enables Duke to respond to NRC requests for information regarding transient response of Babcock & Wilcox pressurized water reactors, simulate the UFSAR Chapter 15 transients and accidents for the Oconee Nuclear Station (ONS), perform safety evaluations in accordance with 10 CFR 50.59, and support Facility Operating License/Technical Specification amendments for the ONS. You requested that the information be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version of the document was also included in the submittal for placement in the NRC's public document room.
You stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(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 pNroCsions of 10 CFR 2.790, it is to be received in confidence by the (iv) The information sought to be protected is not available in public to the best of
[Duke's] knowledge and belief.
We have reviewed your application and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of your statements, has determined that the submitted information sought to be withheld contains proprietary commercial information.
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August 28, 1:998 Therefore, the version of the submitted information marked as proprietary will be withheld from the public disclosure pursuant to 10 CFR 2.790(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.
Sincerely, ORIGINAL SIGNED BY:
David E. LaBarge, Senior Project Manager Project Directorate 11-2 Division of Reactor Projects - III Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page Distribution:
Docket File HBerkow LPlisco, RII PUBLIC LBerry COgle, RII PD 11-2 Rdg.
DLaBarge JZwolinski MPSiemien Document Name: G:\\OCONEE\\OCO99349.WTH To receive a copy of this document, indicate in the box:
"C" = Copy with attachment/enclosure "E"
= Copy with attachment/enclosure "N"
= No copy OFFICE P II PDII-2/
I (FSRXB V
OGC PDII-2/D NAME arge:cn Berry TCollins MSiemier HBerkow(
DATE
[- /13 /98
/ 1 98 I '_t l98 J
/98
[ /24/98 OFFICIAL RECORD COPY
M. S. Tuckman
-2 Therefore, the version of the submitted information marked as proprietary will be withheld from the public disclosure pursuant to 10 CFR 2.790(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.
Sincerely, David E. LaBarge, Senior Project Manager Project Directorate 11-2 Division of Reactor Projects - 1/Il Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page
Oconee Nuclear Station cc:
Mr. Paul R. Newton Mr. J. E. Burchfield Legal Department (PBO5E)
Compliance Manager Duke Energy Corporation Duke Energy Corporation 422 South Church Street Oconee Nuclear Site Charlotte, North Carolina 28201-1006 P. 0. Box 1439 Seneca, South Carolina 29679 J. Michael McGarry, Ill, Esquire Winston and Strawn Ms. Karen E. Long 1400 L Street, NW.
Assistant Attorney General Washington, DC 20005 North Carolina Department of Justice Mr. Robert B. Borsum P. O. Box 629 Framatome Technologies Raleigh, North Carolina 27602 Suite 525 1700 Rockville Pike L. A. Keller Rockville, Maryland 20852-1631 Manager - Nuclear Regulatory Licensing Manager, LIS Duke Energy Corporation NUS Corporation 526 South Church Street 2650 McCormick Drive, 3rd Floor Charlotte, North Carolina 28201-1006 Clearwater, Florida 34619-1035 Mr. Richard M. Fry, Director Senior Resident Inspector Division of Radiation Protection U. S. Nuclear Regulatory North Carolina Department of Commission Environment, Health, and 7812B Rochester Highway Natural Resources Seneca, South Carolina 29672 3825 Barrett Drive Raleigh, North Carolina 27609-7721 Regional Administrator, Region II U. S. Nuclear Regulatory Commission Mr.
Wi 11iam R. McColl um Atlanta Federal Center Vice President - Oconee Site 61 Forsyth Street, S.W., Suite 23T85 Duke Energy Corporation Atlanta, Georgia 30303 P.O. Box 1439 Seneca, South Carolina 29679 Virgil R. Autry, Director Division of Redioactive Waste Management Bureau of Solid and Hazardous Waste Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 County Supervisor of Oconee County Walhalla, South Carolina 29621