ML15112A423
| ML15112A423 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 03/11/1999 |
| From: | Berkow H NRC (Affiliation Not Assigned) |
| To: | Tuckman M DUKE POWER CO. |
| References | |
| TAC-MA4713, TAC-MA4714, TAC-MA4715, NUDOCS 9903190055 | |
| Download: ML15112A423 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 11, 1999 Mr. M. S. Tuckman Executive Vice President Nuclear Generation Duke Energy Corporation 526 South Church Street P. O. Box 1006 Charlotte, North Carolina 28201-1006
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (TAC NOS. MA4713, MA4714, AND MA4715)
Dear Mr. Tuckman:
By your application dated February 1, 1999, and affidavit dated February 2, 1999, you submitted "UFSAR [Updated Final Safety Analysis Report] Chapter 15 Transient Analysis Methodology, Topical Report DPC-NE-3005-P, Revision 1," January 1999, 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:
(i)
The information sought to be withheld from public disclosure is owned by Duke [Duke Energy Corporation] 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...is that which is marked in Attachment 1 to Duke Energy Corporation letter dated February 1, 1999;
SUBJECT:
UFSAR Chapter 15 Transient Analysis Methodology, Topical Report DPC-NE-3005-P, Revision 1.
~9903190055 990311 PDR ADOCK 05000269 P
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March 11, 1999 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, please contact the project manager, Dave LaBarge, at 301-415-1472.
Sincerely, Original signed by:
Herbert N. Berkow, Director Project Directorate 11-2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page Distribution:
MPSiemien, OGC CDocidiE~ile7~f JZwolinski / SBlack PUBLIC HBerkow PDII-2 Reading LBerry DLaBarge COgle, RI1 To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Cop with ttach nentlenclosure "N" = No py OFFICE PM:
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M. S. Tuckman
-2 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, please contact the project manager, Dave LaBarge, at 301-415-1472.
Si cerely, erbert N. e kow, Director Project Directorate 11-2 Division of Licensing Project Management Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270, and 50-287 cc: See next page
Oconee Nuclear Station Mr. J. E. Burchfield cc:
Compliance Manager Ms. Lisa F. Vaughn Duke Energy Corporation Legal Department (PBO5E)
Oconee Nuclear Site Duke Energy Corporation P. 0. Box 1439 422 South Church Street Seneca, South Carolina 29679 Charlotte, North Carolina 28201-1006 Ms. Karen E. Long Anne Cottington, Esquire Assistant Attorney General Winston and Strawn North Carolina Department of 1400 L Street, NW.
Justice Washington, DC 20005 P. 0. Box 629 Raleigh, North Carolina 27602 Mr. Rick N. Edwards Framatome Technologies L. A. Keller Suite 525 Manager - Nuclear Regulatory 1700 Rockville Pike Licensing Rockville, Maryland 20852-1631 Duke Energy Corporation 526 South Church Street Manager, LIS Charlotte, North Carolina 28201-1006 NUS Corporation 2650 McCormick Drive, 3rd Floor Mr. Richard M. Fry, Director Clearwater, Florida 34619-1035 Division of Radiation Protection North Carolina Department of Senior Resident Inspector Environment, Health, and U. S. Nuclear Regulatory Natural Resources Commission 3825 Barrett Drive 7812B Rochester Highway Raleigh, North Carolina 27609-7721 Seneca, South Carolina 29672 Mr. Steven P. Shaver Virgil R. Autry, Director Senior Sales Engineer Division of Radioactive Waste Management Westinghouse Electric Company Bureau of Land and Waste Management 5929 Carnegie Blvd.
Department of Health and Environmental Suite 500 Control Charlotte, North Carolina 28209 2600 Bull Street Columbia, South Carolina 29201-1708 Mr. William R. McCollum, Jr.
Vice President, Oconee Site County Supervisor of Oconee County Duke Energy Corporation Walhalla, South Carolina 29621 P. 0. Box 1439 Seneca, South Carolina 29679