ML16141A797
| ML16141A797 | |
| Person / Time | |
|---|---|
| Site: | Oconee, Mcguire, Catawba, McGuire  |
| Issue date: | 04/12/1994 |
| From: | Matthews D Office of Nuclear Reactor Regulation |
| To: | Tuckman M DUKE POWER CO. |
| References | |
| NUDOCS 9404200296 | |
| Download: ML16141A797 (5) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 April 12, 1994 Docket Nos. 50-296, 50-270, 50-287 50-369, 50-370 50-413 and 50-414 Mr. M. S. Tuckman Senior Vice President Nuclear Generation Duke Power Company P. 0. Box 1006 Charlotte, North Carolina 28201
Dear Mr. Tuckman:
SUBJECT:
WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3; MCGUIRE NUCLEAR STATION, UNITS 1 AND 2; AND CATAWBA NUCLEAR STATION,. UNITS 1 AND 2 By letter and affidavit dated September 23, 1993, Duke Power Company (DPC) submitted Topical Report DPC-NE-2007P, "Fuel Reconstitution Analysis Methodology," to the NRC for review. The Topical Report was prepared in response to NRC Generic Letter 90-02, Supplement 1, which required that fuel reconstitution be performed according to approved methodologies.
Duke Power stated that this report contains proprietary information and should be withheld from public disclosure pursuant to 10 CFR 2.790 of the Commissions regulations in accordance with the following criteria.
- a.
The information sought to be withheld from public disclosure is owned by Duke and has been held in confidence by Duke and its consultants.
- b.
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 provided a competitive advantage to Duke.
- c.
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.
- d.
The information sought to be protected is not available in public to the best of Duke's knowledge and belief.
- e.
The proprietary information sought to be withheld in this submittal is that which is marked in the proprietary version of the report DPC-NE-2007, "Fuel Reconstitution Analysis Methodology" and supporting documentation, and omitted from the non-proprietary versions.
150 81 e
.NBC FL-TROCE 9404200296 940412 PDR ADOCK O 1
P PDR
Mr. M. S. Tuckman
- 2 The NRC staff notes that criterion "e" above refers to a non-proprietary version of the submitted report. This is potentially confusing since DPC's letter of September 23; 1993, provided only a proprietary version of the report. While thi.s is not considered to be a fatal flaw with respect to the essential purposes of the affidavit in requesting that designated information be maintained as proprietary, we do request that future affidavits be revised to reflect the specific submittal.
The most appropriate practice would be to include separate proprietary and non-proprietary versions of all such submittals. In this case, we request that, upon the conclusion of the staff's review and issuance of the staff's safety evaluation on the report, DPC shall submit both a non-proprietary and a proprietary version of the final report.
The final report should be marked with an "A" designator to indicate that it is the approved version and it should also include the NRC staff's safety evaluation report.
The NRC staff has reviewed DPC's information based on the requirements and criteria of 10 CFR 2.790 and, on the basis of DPC's statement, has determined that the submitted material 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 disclosure 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, Original 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 kDocket File)
NRC/Local PDRs R. Martin PDII-3 Reading S. Varga V. Nerses G. Lainas D. Matthews ACRS (10)
L. Wiens L. Berry J.Johnson,RII M.P.Siemien,OGC E. Jordan OFFICE PD2-3/
fJ P 2 NAME j.BERR IS IN VERSES MPS I EEN DMATTHEWS DATE
/ /94 19/ 4/94
/94 e/// 94 L 94 7I)/94 OFFICIAL RECOR COPY FILE'NAME: G:\\CATAWBA\\PROP\\DPC2007.WHO
Mr. M. S. Tuckman
- 2 The NRC staff notes that criterion "e" above refers to a non-proprietary version of the submitted report. This is potentially confusing since DPC's letter of September 23, 1993, provided only a proprietary version of the report. While this is not considered to be a fatal flaw with respect to the essential purposes of the affidavit in requesting that designated information be maintained as proprietary, we do request that future affidavits be revised to reflect the specific submittal.
The most appropriate practice would be to include separate proprietary and non-proprietary versions of all such submittals. In this case, we request that, upon the conclusion of the staff's review and issuance of the staff's safety evaluation on the report, DPC shall submit both a non-proprietary and a proprietary version of the final report.
The final report should be marked with an "A" designator to indicate that it is the approved version and it should also include the NRC staff's safety evaluation report.
The NRC staff has reviewed DPC's information based on the requirements and criteria of 10 CFR 2.790 and, on the basis of DPC's statement, has determined that the submitted material 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 disclosure 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, David
.Matthews, Director Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation cc:
See next page
Duke Power Company Catawba Nuclear Station McGuire Nuclear Station Oconee Nuclear Station cc:
Dr. John M. Barry Mr. Steve Benesole Mecklenburg County Compliance Department of Environmental Duke Power Company Protection Oconee Nuclear Site 700 N Tryon Street P. 0. Box 1439 Charlotte, North Carolina 29202 Seneca, South Carolina 29679 County Manager of Mecklenburg County Mr. Robert B. Borsum 720 East Fourth Street Babcock & Wilcox Charlotte, North Carolina 28202 Nuclear Power Division Suite 525 Mr. Robert 0. Sharpe 1700 Rockville Pike Compliance Rockville, Maryland 20852 Duke Power Company McGuire Nuclear Site Manager, [IS 12700 Hagers Ferry Road NUS Corporation Huntersville, North Carolina 28078 2650 McCormick Drive, 3rd Floor Clearwater, Flordia 34619-1035 Senior Resident Inspector c/o.U.S. Nuclear Regulatory Senior Resident Inspector Commission U.S. Nuclear Regulatory Commission 12700 Hagers Ferry Road Route 2, Box 610 Huntersville, North Carolina 28078 Seneca, South Carolina 29678 Mr. Dayne H. Brown, Director Mr. David L. Rehn Department of Environmental Vice President, Catawba Site Health and Natural Resources Duke Power Company Division of Radiation Protection 4800 Concord Road P. 0. Box 27687 York, South Carolina 29745 Raleigh, North Carolina 27611 Mr. T. C. McMeekin Office of Intergovernmental Vice President, McGuire Site Relations Duke Power Company 116 West Jones Street 12700 Hagers Ferry Road Raleigh, North Carolina 27621 Huntersville, North Carolina 28078 County Supervisor of Oconee County Elaine Wathen, Lead REP Planner Walhalla, South Carolina 27621 Division of Emergency.Management 116 West Jones Street Mr. J. W. Hampton Raleigh, North Carolina 27603-1335 Vice President, Oconee Site Duke Power Company P. 0. Box 1439 Seneca, South Carolina 29679
Duke Power Company Catawba Nuclear Station McGuire Nuclear Station Oconee Nuclear Station cc:
Mr. Z. L. Taylor Mr. Marvin Sinkule, Chief Regulatory Compliance Manager Project Branch #3 Duke Power Company U. S. Nuclear Regulatory Commission 4800 Concord Road 101 Marietta Street, NW Suite 2900 York, South Carolina 29745 Atlanta, Georgia 30323 A. V. Carr, Esquire North Carolina Electric Membership Duke Power Company Corporation 422 South Church Street P. 0. Box 27306 Charlotte, North Carolina 28242 Raleigh, North Carolina 27611 J. Michael McGarry, III, Esquire Saluda River Electric Cooperative, Winston and Strawn Inc.
1400 L Street, NW.
P. 0. Box 929 Washington, DC 20005 Laurens, South Carolina 29360 North Carolina Municipal Power Senior Resident Inspector Agency Number 1 Route 2, Box 179N 1427 Meadowwood Boulevard York, South Carolina 29745 P. 0. Box 29513 Raleigh, North Carolina 27626 Regional Administrator, Region II U.S. Nuclear Regulatory Commission Mr. T. Richard Puryear 101 Marietta Street, NW Suite 2900 Nuclear Technical Services Manager Atlanta, Georgia 30323 Westinghouse Electric Corporation Carolinas District Max Batavia, Chief 2709 Water Ridge Parkway, Suite 430 Bureau of Radiological Health Charlotte, North Carolina 28217 South Carolina Department of Health and Environmental Control County Manager of York County 2600 Bull Street York County Courthouse Columbia, South Carolina 29201 York, South Carolina 29745 Ms. Karen E. Long Richard P. Wilson, Esquire Assistant Attorney General Assistant Attorney General North Carolina Department of Justice S.C. Attorney General's Office P. 0. Box 629 P. 0. Box 11549 Raleigh, North Carolina 27602 Columbia, South Carolina 29211 Mr. G. A. Copp Piedmont Municipal Power Agency Licensing -
ECO50 121 Village Drive Duke Power Company Greer, South Carolina 29651 P. 0. Box 1006 Charlotte, North Carolina 28201-1006