ML16141A839
| ML16141A839 | |
| Person / Time | |
|---|---|
| Site: | Oconee  |
| Issue date: | 09/09/1994 |
| From: | Wiens L Office of Nuclear Reactor Regulation |
| To: | Tuckman M DUKE POWER CO. |
| References | |
| TAC-M88082, NUDOCS 9409160043 | |
| Download: ML16141A839 (4) | |
Text
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0 UNITED STATES
/
NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 September 9, 1994 Mr. M. S. Tuckman Senior Vice President Nuclear Generation Duke Power Company P. 0. Box 1006 Charlotte, North Carolina 282010-1006
Dear Mr. Tuckman:
SUBJECT:
REQUEST FOR WITHHOLDING PROPRIETARY INFORMATION FROM PUBLIC DISCLOSURE - OCONEE NUCLEAR STATION, UNITS 1, 2, AND 3 (TAC NO. M88082)
By letter dated September 23, 1993, Duke Power Company (DPC or licensee) submitted Topical Report DPC-2007-P, "Fuel Reconstitution Analysis Methodology" for review. The NRC staff, in a letter dated April 26, 1994, requested additional information to complete its review of the report. By letter dated August 10, 1994, DPC responded to the staff's questions and requested that the report be considered proprietary in accordance with 10 CFR 2.790 and be withheld from public disclosure.
By affidavit dated August 11, 1994, DPC submitted information in support of its request to withhold the proprietary information for the following reasons:
- 1.
The information sought to be withheld from public disclosure is owned by Duke and has been held in confidence by Duke and its consultants.
- 2.
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 provides a competitive advantage to Duke.
- 3.
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.
- 4.
The information sought to be protected is not available in public to the best of Duke's knowledge and belief.
- 5.
The proprietary information sought to be withheld in this submittal is that which is marked in the proprietary version of the report DPC-2007-P, "Fuel Reconstitution Analysis Methodology" and supporting documentation, and omitted from the non-proprietary versions.
9491 3 j 47 NRC FILE CENVTER COPY 9409160043 940909 PDR ADOCK 05000269 F
M.
September 9, 1994 The NRC staff has reviewed DPC's topical report 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 Emergency 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, Leonard A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270 and 50-287 cc:
See next page
Mr. J. W. Hampton Duke Power Company Oconee Nuclear Station cc:
A. V. Carr, Esquire Mr. Steve Benesole 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.
Mr. Marvin Sinkule, Chief Washington, DC 20005 Project Branch #3 U. S. Nuclear Regulatory Commission Mr. Robert B. Borsum 101 Marietta Street, NW. Suite 2900 Babcock & Wilcox Atlanta, Georgia 30323 Nuclear Power Division Suite 525 Ms. Karen E. Long 1700 Rockville Pike Assistant Attorney General Rockville, Maryland 20852 North Carolina Department of Justice Manager, LIS P. 0. Box 629 NUS Corporation Raleigh, North Carolina 27602 2650 McCormick Drive, 3rd Floor Clearwater, Florida 34619-1035 Mr. G. A. Copp Licensing -
ECO50 Senior Resident Inspector Duke Power Company U. S. Nuclear Regulatory Commission 526 South Church Street Route 2,.Box 610 Charlotte, North Carolina 28242-0001 Seneca, South Carolina 29678 Dayne H. Brown, Director Regional Administrator, Region II Division of Radiation Protection U. S. Nuclear Regulatory Commission North Carolina Department of 101 Marietta Street, NW. Suite 2900 Environment, Health and Atlanta, Georgia 30323 Natural.Resources P. 0. Box 27687 Max Batavia, Chief Raleigh, North Carolina 27611-7687 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
4 M.
September 9, 1994 The NRC staff has reviewed DPC's topical report 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 Emergency 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,
/s/
Leonard A. Wiens, Project Manager Project Directorate 11-3 Division of Reactor Projects -
I/II Office of Nuclear Reactor Regulation Docket Nos. 50-269, 50-270 and 50-287 cc:
See next page DISTRIBUTION:
HBerkow MPSiemien, 0-15 818 flacket-File LWiens PUBLIC CNorsworthy PDII-3 R/F.
OGC, 0-15 B18 SVarga ACRS (10), TWF GLainas BBoger, (Acting), RH DOCUMENT NAME:
G:\\OCONEE\\3003Q5.WHO To receive a copy of this document, indicate in the box: "C" = Copy without attachment/enclosure "E" = Copy with attachment/enclosure "N" = No copy OFFICE LA:PD23:DRPE E PM:PD23:DRPE E OGC D:PD23:DRP INAME CNORSWORTHY IENS IMPSIEMIEN Y-W IHBERKO DATE
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