ML15244A247

Informs That Review of Application & Related Matl Re 860310 Request for Withholding Determined That Three Test Repts Contained Proprietary Commercial Info & Will Be Withheld Per 10CFR2.790(b)(5)

ML15244A247
Person / Time
Site:	Oconee
Issue date:	05/05/1987
From:	Pastis H Office of Nuclear Reactor Regulation
To:	Tucker H DUKE POWER CO.
References
TAC-61391, TAC-61392, TAC-61393, NUDOCS 8705130039
Download: ML15244A247 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 Docket Nos.:

50-269, 50-270 and 50-287 Mr. H. B. Tucker, Vice President Nuclear Production Department Duke Power Company 422 South Church Street Charlotte, North Carolina 28242

Subject:

Application for Withholding Information from Public Disclosure Masonry Wall Tests on Arching Action Theory (TACS 61391/61392/61393)

Reference:

Oconee Nuclear Station, Units 1, 2, and 3 By.letter dated March 10, 1986, you sent for our review three proprietary test reports on the arching action confirmatory test program for masonry walls (test report nos. R561-70-05, R561-70-06, R561-70-07). A non-proorietary version of these test reports was also submitted with the March 10, 1986 letter. In the March 10, 1986 letter, you told us that the affidavit, that would be addressing the basis for withholding the information in these test reports from public disclosure, was going to be sent to us at a later date. In an April 10, 1986 letter you requested that these documents be withheld from public disclosure pursuant to 10 CFR 2.790. The withholding request is supported by affidavit signed by Mr. Richard B. Priory, Vice President of the Design Engineering Department at Duke Power Company.

You stated that these reports contain information of a type that would custom arily be held in confidence by Duke Power Company. The information consists of supporting data, including test data, relative to a method of analysis that provides a competitive advantage to Duke. The use of this information by a competitor would greatly reduce its expenditure in qualifying similar methodologies. It reveals aspects of a methodology with potential commercial value to Duke Power Company.

We have reviewed the application and related material based on the requirements and criteria of 10 CFR 2.790 and have determined that the above three test reports contain proprietary commercial information.

We have determined that the above documents marked as proprietary, should 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.

We, therefore, approve the request for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding from public inspection the three test reports.

6705130039 870505 PDR ADOCK 05000269 P

PDR

H. B. Tucker

-2 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, assure that the consultants have signed the appropriate agreements for handling proprietary data.

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 should also understand that the NRC may have cause to review this determination in the future, such as, 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, Helen N. Pastis, Project Manager Project Directorate 11-3 Division of Reactor Projects-I/Il Distribution:

Docket File NRC PDR Local PDR PRC System PD#II-3 Reading MDuncan HPastis BJYoungblood Reading OGC-Bethesda ACRS (10)

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Mr. H. B. Tucker Oconee Nuclear Station Duke Power Company Units Nos. 1, 2 and 3 cc:

Mr. A. V. Carr, Esq.

Duke Power Company Duke Power Company P. 0. Box 33189 Post Office Box 33189 422 South Church Street 4?2 South Church Street Charlotte, North Carolina 28242 Charlotte, North Carolina 2824 J. Michael McGarry, III, Esq.

Bishop, Liherman, Cook, Purcell & Reynolds 1200 Seventeenth Street, N.W.

Washington, D.C. 20036 Mr. Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 220, 7910 Woodmont Avenue Bethesda, Maryland 20814 Manager, LIS NUS Corporation 2536 Countryside Boulevard Clearwater, Florida 33515 Senior Resident Inspector U.S. Nuclear Regulatory Commission Route 2, Box 610 Seneca, South Carolina 29678 Regional Administrator U.S. Nuclear Regulatory Commission 101 Marietta Street, N.W.

Suite 2900 Atlanta, Georgia 30323 Mr. Heyward G. Shealy, Chief Bureau of Radiological Health South Carolina Department of Health and Environmental Control 2600 Bull Street Columbia, South Carolina 29201 Office of Intergovernmental Relations 11f Vest Jones Street Raleigh, North Carolina 27603 Honorable James M. Phinney County Supervisor of Oconee County Walhalla, South Carolina 296?1