ML15218A256
| ML15218A256 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 12/05/1994 |
| From: | Wiens L Office of Nuclear Reactor Regulation |
| To: | Hampton J DUKE POWER CO. |
| References | |
| TAC-M90773, NUDOCS 9412090135 | |
| Download: ML15218A256 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 December 5, 1994 Mr. J. W..Hampton Vice President, Oconee Site Duke Power Company P. 0. Box 1439 Seneca, SC 27679
SUBJECT:
REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OCONEE NUCLEAR STATION, UNIT 2 (TAC NO. M90773)
Dear Mr. Hampton:
By your letter dated September 22, 1994, you submitted acceptance criteria for Control Rod Drive Mechanism Penetration Inspections and requested that it be withheld from.public disclosure pursuant to 10 CFR 2.790. You included an affidavit of James H. Taylor, Manager of Licensing Services for B&W Nuclear Technologies, dated September 15, 1994, which certified that the submitted information should be considered exempt from mandatory public disclosure for the following reasons:
(1) The information has been held in confidence by BWNT. Duke Power Company, as a customer purchasing the information, was requested to hold the information as proprietary.
(2) The information reveals data or material concerning BWNT research or development plans or programs of present or potential competitive advantage to BWNT.
(3) The use of the information by a competitor would decrease his expenditures, in time or resources, in designing, producing or marketing a similar product.
(4) The information consists of test data or other similar data concerning a process, method or component,, the application of which results in a competitive advantage to BWNT.
We have reviewed your letter and the material in accordance with the requirements of 10 CFR 2.790 and, on the basis of the statements by Mr. Taylor in his affidavit, have determined that the submitted information sought-to be withheld contains trade secrets or proprietary commercial information.
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.
9412090135 941205 PDR ADOCK 05000270 P
Mr. J. W. Hampton 2 -
December 5, 1994 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, Leonard A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects - I/II Office of Nuclear Reactor Regulation Docket No. 50-270 cc:
See next page
Mr. J. W. Hampton Duke Power Company Oconee Nuclear Station cc:
A. V. Carr, Esquire Mr. Ed Burchfield Duke Power Company Compliance 422 South Church Street Duke Power Company Charlotte, North Carolina 28242-0001 Oconee Nuclear Site P. 0. Box 1439 J. Michael McGarry, III, Esquire Seneca, South Carolina 29679 Winston and Strawn 1400 L Street, NW.
Ms. Karen E. Long Washington, DC 20005 Assistant Attorney General North Carolina Department of Mr. Robert B. Borsum Justice Babcock & Wilcox P. 0. Box 629 Nuclear Power Division Raleigh, North Carolina 27602 Suite 525 1700 Rockville Pike Mr. G. A. Copp Rockville, Maryland 20852 Licensing - ECO50 Duke Power Company Manager, LIS 526 South Church Street NUS Corporation Charlotte, North Carolina 28242-0001 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Dayne H. Brown, Director Division of Radiation Protection Senior Resident Inspector North Carolina Department of U. S. Nuclear Regulatory Commission Environment, Health and Route 2, Box 610 Natural Resources Seneca, South Carolina 29678 P. 0. Box 27687 Raleigh, North Carolina 27611-7687 Regional Administrator, Region II U. S. Nuclear Regulatory Commission 101 Marietta Street, NW. Suite 2900 Atlanta, Georgia 30323 Max Batavia, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 County Supervisor of Oconee County Walhalla, South Carolina 29621
Mr. J. December 5, 1994 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,
/s/
Leonard A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation Docket No. 50-270 cc:
See next page DISTRIBUTION:
LDo ketF Tl-PUBLIC PD2-3 R/F SVarg JZwolinski HBerkow CNorsworthy LWiens MPSiemien, OGC, 0-15 B18 BBoger, RH MSinkule, RII To receive a copy of this document, indicate in the box: "C"
= Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No py OFFICE LA:PD23:DRPE E PM:PD23:DRP E D:PD2 E
'3CEn E
OGC M
NAME CNorsworthy LWiens:cw HBer ow LT, U5.
MPSiemien DATE
/// 94 f//)/94 I
/94 I1/-.1/94 a
111 O/94 DOCUMENT NAME:
G:\\OCONEE\\0C090773.APR