ML16124A996

Request for Withholding of Proprietary Information from Public Disclosure for Shearon Harris Nuclear Power Plant, Unit 1, and H. B. Robinson Steam Electric Plant Unit No. 2

ML16124A996
Person / Time
Site:	Harris, Robinson
Issue date:	05/27/2016
From:	Dennis Galvin Plant Licensing Branch II
To:	Elnitsky J Duke Energy Corp
Galvin D
References
CAC MF7443, CAC MF7444
Download: ML16124A996 (4)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 May 27, 2016 Mr. John Elnitsky Senior Vice President - Nuclear Engineering Duke Energy Corporation 526 South Church Street, ECO?H Charlotte, NC 28202

SUBJECT:

REQUEST FOR WITHHOLDING OF PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE FOR SHEARON HARRIS NUCLEAR POWER PLANT, UNIT 1, AND H. B. ROBINSON STEAM ELECTRIC PLANT UNIT NO. 2 (CAC NOS. MF7443 AND MF7444)

Dear Mr. Elnitsky:

Prior to a closed pre-submittal meeting held on May 2, 2016, between the U.S. Nuclear Regulatory Commission (NRC) and representatives of Duke Energy Progress, Inc. (the licensee), regarding a proposed license amendment request for Shearon Harris Nuclear Power Plant, Unit 1, and H. B. Robinson Steam Electric Plant Unit No. 2, Duke Energy Progress, Inc.

provided an affidavit dated April 19, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16112A275), executed by you, requesting that the information contained in the following presentation be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Part 2, Section 2.390:

H. B. Robinson/Shearon Harris Transient Analysis Methodology A nonproprietary copy of this document has been placed in the NRC Public Document Room and added to the NRC Library under ADAMS Accession No. ML16112A293.

The affidavit stated that the 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 Energy and has been held in confidence by Duke Energy and its consultants.

(ii) The information is of a type that would customarily be held in confidence by Duke Energy. Information is held in confidence if it falls in one or more of the following categories.

(a) The information requested to be withheld reveals distinguishing aspects of a process (or component, structure, tool, method, etc.) whose use by a vendor or consultant, without a license from Duke Energy, would constitute a competitive economic advantage to that vendor or consultant.

J. Elnitsky (c) Use by a competitor of the information requested to be withheld would reduce the competitor's expenditure of resources, or improve its competitive position, in the design, manufacture, shipment, installation assurance of quality or licensing of a similar product.

Rationale for holding this information in confidence is the use of this information by Duke Energy provides a competitive advantage to Duke Energy over vendors and consultants, its public disclosure would diminish the information's marketability, and its use by a vendor or consultant would reduce their expenses to duplicate similar information. 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 Energy.

(iii) The information was transmitted to the NRC in confidence and under the provisions of 10 CFR 2.390, 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 our knowledge and belief.

(vi) The proprietary information sought to be withheld from public disclosure has substantial commercial value to Duke Energy.

(a) Duke Energy uses this information to reduce vendor and consultant expenses associated with supporting the operation and licensing of nuclear power plants.

(b) Duke Energy can sell the information to nuclear utilities, vendors, and consultants for the purpose of supporting the operation and licensing of nuclear power plants.

(c) The subject information could only be duplicated by competitors at similar expense to that incurred by Duke Energy.

We have reviewed the application and material in accordance with the requirements of 10 CFR 2.390 and, on the basis of the statements in the affidavit, have determined that the submitted information sought to be withheld contains propriety 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 2.390(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

J. Elnitsky 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, please contact me at (301) 415-6256 or Dennis.Galvin@nrc.gov.

Sincerely, Dennis Galvin, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation Docket Nos. 50-400 and 50-261 cc: Mr. Benjamin C. Waldrep Site Vice President Shearon Harris Nuclear Power Plant 5413 Shearon Harris Rd.

New Hill, NC 27562-0165 Mr. Richard Michael Glover Site Vice President H. B. Robinson Steam Electric Plant 3581 West Entrance Road, RNPA01 Hartsville, SC 29550 Additional Distribution via Listserv

ML16124A996 OFFICE NRR/DORL/LPL2-2/PM DORL/LPL2-2/LA NRR/DSS/SNPB/BC NAME DGalvin BClayton JDean DATE 05/12/16 05/12/16 05/24/16 OFFICE NRR/DORL/LPL2-2/BC NRR/DORL/LPL2-2/PM NAME BBeasley DGalvin DATE 05/27/16 05/27/16