ML16152A703

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Advises That B&W Proprietary Baw 2001P, Low Pre-Pressure Fuel Rod Program Burnup Extension-LOCA Analysis, Will Be Withheld,Per 10CFR2.790(b)(5) & Util 880122 Request
ML16152A703
Person / Time
Site: Oconee  
Issue date: 06/02/1988
From: Pastis H
Office of Nuclear Reactor Regulation
To: Tucker H
DUKE POWER CO.
References
TAC-68064, TAC-68065, TAC-68066, NUDOCS 8806080292
Download: ML16152A703 (3)


Text

R REG UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D. C. 20555 June 2, 1988 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

Dear Mr. Tucker:

SUBJECT:

APPLICATION FOR WITHHOLDING INFORMATION FROM PUBLIC DISCLOSURE LOW PRE-PRESSURE FUEL ROD PROGRAM (TACS 68064, 68065 AND 68066)

Re:

Oconee Nuclear Station, Units 1, 2 and 3 By letter dated January 22, 1988, you requested that the Technical Specifications be revised to update the LOCA-limited maximum allowable linear heat rate (Figure 3.5.2-16) to reflect the Babcock and Wilcox Report, BAW 2001P, "Low Pre-Pressure Fuel Rod Program Burnup Extension - LOCA Analysis."

You submitted BAW 2001P report in support of the proposed amendment. In the January 22, 1988 letter, you requested that this report be withheld from public disclosure pursuant to 10 CFR 2.790. The withholding request was supported by affidavit signed by Mr.

James H. Taylor, Manager of Licensing Services at the Babcock and Wilcox Company. You did not submit a non-proprietary version of this report.

You state that the report contains information that Babcock and Wilcox customarily would hold in confidence. The information was designated as proprietary for the following three reasons:

1. The use of the information by a non-member of the Babcock and Wilcox Owners Group (BWOG) would decrease its expenditures, in time or resources, in designing, producing or marketing a similar product;
2. The information consists of test data or other similar data concerning a process, method or component, the application of which results in an economic advantage to the BWOG; and
3. The information reveals special aspects of a process, methodcomponent or the like, where its exclusive use results in an economic advantage to the BWOG.

We have reviewed the application and related material based on the requirements and criteria of 10 CFR 2.790 and have determined that this report contains proprietary commercial information.

We have determined that the BAW 2001P report, marked as proprietary, should be withheld from public disclosure pursuant to 2.790(b)(5) and Section 103(b) of the Atomic Energy Act of 1954, as amended.

S6608060292 880602 PDR ADOCK 05000269 P

PDR

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

Mr. A. V. Carr, Esq.

Mr. Paul Guill Duke Power Company Duke Power Company P. 0. Box 33189 Post Office Box 33189 422 South Church Street 422 South Church Street Charlotte, North Carolina 28242 Charlotte, North Carolina 28242 J. Michael McGarry, III, Esq.

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

Washington, D.C. 20036 Mr. Robert B. Borsum Babcock & Wilcox Nuclear Power Generation Division Suite 525 1700 Rockville Pike Rockville, Maryland 20852 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, Region II 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 116 West Jones Street Raleigh, North Carolina 27603 Honorable James M. Phinney County Supervisor of Oconee County Walhalla, South Carolina 29621

-2 We, therefore, approve the request for withholding pursuant to Section 2.790 of 10 CFR Part 2 and are withholding from public inspection the BAW 2001P report.

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, Original signed by:

Helen N. Pastis, Project Manager Project Directorate 11-3 Division of Reactor Projects -

I/II cc:

See next page DISTRIBUTION:

Docket File NRC PDR Local PDR PDII-3 Reading S. Varga G. Lainas D. Matthews M. Rood H. Pastis OGC-WF E. Jordan J. Partlow ACRS (10)

Oconee Reading LA:

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DII-3 o:pw Sho aker DMatthews

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