ML15112A298
| ML15112A298 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 11/09/1998 |
| From: | Labarge D NRC (Affiliation Not Assigned) |
| To: | Mccollum W DUKE POWER CO. |
| References | |
| GL-83-11, NUDOCS 9811160269 | |
| Download: ML15112A298 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 November 9, 1998 Mr. W. R. McCollum, Jr.
Vice President, Oconee Site Duke Energy Corporation P. 0. Box 1439 Seneca, SC 29679
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3
Dear Mr. McCollum:
By application dated September 21, 1998, from Duke Energy Corporation (Duke) and affidavit dated September 22, 1998, executed by M. S. Tuckman, Duke submitted its response to an NRC request for additional information on Appendix D to Topical Report DPC-NE-2005-P, "Duke Power Company Thermal-Hydraulic Statistical Core Design Methodology," and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790. A nonproprietary version was submitted for placement in the NRC's public document room.
The affidavit stated that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
4.(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 2.790, 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 [Duke's] knowledge and belief.
(v)
The proprietary information sought to be withheld in this submittal is that which is marked in the attachment to Duke Energy Corporation letter dated September 21, 1998;
SUBJECT:
Response to NRC Request for Additional Information on Topical Report DPC-NE-2005P, "Duke Power Company Thermal-Hydraulic Statistical Core Design Methodology." This information enables Duke to:
(a) Respond to Generic Letter 83-11, "Licensee Qualification for Performing Safety Analyses in Support of Licensing Actions."
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.W.
R. McCollum, Jr.
- ember 9, 1998 (b) Support Facility Operating Licenses/Technical Specifications amendment requests for Babcock & Wilcox PWRs [pressurized water reactors].
(c) Perform safety evaluations per 10 CFR 50.59.
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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted information marked as proprietary will be withheld from 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.
If you have any questions regarding this matter, I may be reached at 301-415-1472.
nIGlNA SIGNED BY:
David E. LaBarge, Senior Project Manager Project Directorate 11-2 Division of Reactor Projects - 1/11 Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page Distribution:
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.pocket File JZwolinski DLaBarge PUBLIC HBerkow MPSiemien, OGC PD 11-2 Rdg.
LBerry LPlisco, RII To receive a copy of this document, indicate in the box: "C" = Copy without attachmentlenclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE PM:
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W. R. McCollum, Jr.
-2 (b) Support Facility Operating Licenses/Technical Specifications amendment requests for Babcock & Wilcox PWRs [pressurized water reactors].
(c) Perform safety evaluations per 10 CFR 50.59.
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, have determined that the submitted information sought to be withheld contains proprietary commercial information and should be withheld from public disclosure.
Therefore, the version of the submitted information marked as proprietary will be withheld from 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.
If you have any questions regarding this matter, I may be reached at 301-415-1472.
Sincerely, David E. LaBarge, Senior Project Manager Project Directorate 11-2 Division of Reactor Projects - 1/11 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, III, Esquire Winston and Strawn Ms. Karen E. Long 1400 L Street, NW.
Assistant Attorney General Washington, DC 20005 North Carolina Department of Justice Mr. Rick N. Edwards 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. Steven P. Shaver Atlanta Federal Center Senior Sales Engineer 61 Forsyth Street, S.W., Suite 23T85 Westinghouse Electric Company Atlanta, Georgia 30303 5929 Carnegie Blvd.
Suite 500 Virgil R. Autry, Director Charlotte, North Carolina 28209 Division of Radioactive Waste Management Bureau of Land and Waste Management Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201-1708 County Supervisor of Oconee County Walhalla, South Carolina 29621