ML16131A396

Advises That Addl Proprietary Info Will Be Withheld from Public Disclosure,Per 10CFR2.790(b)(5),as Requested in Re Topical Rept DPC-NE-3000, Thermal-Hydraulic Transient Analysis Methodology

ML16131A396
Person / Time
Site:	Oconee
Issue date:	08/26/1992
From:	Matthews D Office of Nuclear Reactor Regulation
To:	Tucker H DUKE POWER CO.
References
NUDOCS 9209010266
Download: ML16131A396 (5)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20%5 AUG 2 6 1992 Docket Nos. 50-269, 50-270 and 50-287 Mr. H. B. Tucker Senior Vice President Nuclear Generation P. 0. Box 1007 Charlotte, North Carolina 28201-1007

SUBJECT:

REQUEST FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (DPC-NE-3000)

By application and affidavit dated September 30, 1987 (and reaffirmed September 20, 1991), Duke Power Company (DPC) submitted Topical Report DPC-NE 3000, "Thermal-Hydraulic Transient Analysis Methodology," dated July 1987, and requested that it be withheld from public disclosure pursuant to 10 CFR 2.790.

The Nuclear Regulatory Commission (NRC) granted withholding of the proprietary information contained in DPC-NE-3000 by letter dated November 13, 1991.

By letter dated March 11, 1992, DPC submitted additional information relating to DPC-NE-3000 and requested that it be considered proprietary and withheld from public disclosure. An affidavit dated August 6, 1992, was submitted in support of the proprietary nature of this information. DPC stated that the September 30, 1987, information and the additional information dated March 11, 1992, contain proprietary information and should be considered exempt from mandatory public disclosure for the following reasons:

1.

The information sought to be withheld from public disclosure is owned and has been in confidence by Duke and its consultants.

2.

The information is of a type that would customarily be held in confidence by Duke.

3.

The information has been transmitted to and received by the Commission in confidence.

4.

The information sought to be protected is not available in public sources.

5.

The information sought to be withheld has substantial commercial value to Duke.

9209010266 920826 P y PDR ADOCK 05000269 P

PDR 1[0

Mr. H.

AUG 6 1992

6.

Public disclosure of this information is likely to cause harm to the position of Duke because it would allow competitors in the nuclear industry to benefit from the results of a significant development program without requiring a commensurate expense or allowing Duke to recoup a portion of its expenditures or benefit from the sale of the information.

We have reviewed DPC's submittals and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of DPC's statements, have determined that the information sought to be withheld contains proprietary commercial information.

Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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 should also 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, 17~

/

David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects -

I/II Office of Nuclear Reactor Regulation cc:

See next page

Mr. J. W. Hampton Duke Power Company Oconee Nuclear Station cc:

Mr. A. V. Carr, Esq.

Mr. M. E. Patrick Duke Power Company Compliance 422 South Church Street Duke Power Company Charlotte, North Carolina 28242-0001 Oconee Nuclear Site P.O. Box 1439 Seneca, South Carolina 29679 J. Michael McGarry, III, Esq.

Winston and Strawn Mr. Alan R. Herdt, Chief 1400 L Street, NW.

Project Branch #3 Washington, DC 20005 U. S. Nuclear Regulatory Commission 101 Marietta Street, NW., Suite 2900 Mr. Robert B. Borsum Atlanta, Georgia 30323 Babcock & Wilcox Nuclear Power Division Ms. Karen E. Long Suite 525 Assistant Attorney General 1700 Rockville Pike N. C. Department of Justice Rockville, Maryland 20852 P.O. Box 629 Raleigh, North Carolina 27602 Manager, LIS NUS Corporation Mr. R. L. Gill, Jr.

2650 McCormick Drive, 3 Floor Licensing Clearwater, Florida 34619-1035 Duke Power Company P. 0. Box 1007 Senior Resident Inspector Charlotte, North Carolina 28201-1007 U. S. Nuclear Regulatory Commission Route 2, Box 610 Seneca, South Carolina 29678 Regional Administrator, Region II U. S. Nuclear Regulatory Commission 101 Marietta Street, NW., 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 116 West Jones Street Raleigh, North Carolina 27603 County Supervisor of Oconee County Walhalla, South Carolina 29621

AUG 2 6 1992 DISTRIBUTION:

LDocke File2 NRC & Local PDRs PDII-3 R/F Oconee R/F SVarga GLainas DMatthews LBerry LWiens MPSiemien, OGC, 15B18 LReyes, RII

Mr. H. AUG 2 6 1992

6.

Public disclosure of this information is likely to cause harm to the position of Duke because it would allow competitors in the nuclear industry to benefit from the results of a significant development program without requiring a commensurate expense or allowing Duke to recoup a portion of its expenditures or benefit from the sale of the information.

We have reviewed DPC's submittals and the material based on the requirements and criteria of 10 CFR 2.790 and, on the basis of DPC's statements, have determined that the information sought to be withheld contains proprietary commercial information.

Therefore, the proprietary information will be withheld from public disclosure pursuant to 10 CFR 2.790(b)(5) and Section 103(b) of the Atomic Energy Act, as amended.

Withholding from public disclosure 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 should also 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, Wrgial Signed By:

David B. Matthews, Director Project Directorate 11-3 Division of Reactor Projects -

I/II Office of Nuclear Reactor Regulation cc:

See next page DISTRIBUTION:

FILE NAME: A:\\OCO.WIL e next page OFC

PDI

-LA

P I-3PM :D( D 0

OGC NAME

LB rr

L ens:cw :DRta thews :MPSie ien DATE :3/1/92 : %/1)/92 : / /92 :

/92