ML16336A121

Request for Withholding of Proprietary Information from Public Disclosure

ML16336A121
Person / Time
Site:	Harris, Robinson
Issue date:	02/14/2017
From:	Martha Barillas Plant Licensing Branch II
To:	Henderson K Duke Energy Corp
Barillas M DORL/LPL2-2 301-415-2760
References
CAC MF7693, CAC MF7694
Download: ML16336A121 (3)

Text

UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 February 14, 2017 Mr. Kelvin Henderson Senior Vice President - Nuclear Corporate Duke Energy Corporation 526 South Church Street, EC07H 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. MF7693 AND MF7694)

Dear Mr. Henderson:

By letter dated November 17, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16323A102), you submitted an affidavit dated November 17, 2016, which you executed, requesting that the information marked in brackets contained in to the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR) Section 2.390:

Response to NRC Request for Additional Information (PROPRIETARY) regarding application to revise Technical Specifications for reports DPC-NF-2010 and DPC-NE-2011-P A non-proprietary copy of the document (Attachment 2 to Duke Energy's letter) has been placed in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room and added to the NRC Library under ADAMS Accession No. ML16323A102.

The affidavit stated, in part, that the information should be considered exempt from mandatory public disclosure for the following reasons:

4. (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 because 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.

K. Henderson (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.

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 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) 415-2760 or Martha. Barillas@nrc.gov.

Sincerely,

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Martha Barillas, 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:

Ms. Tanya Hamilton Mr. Richard Michael Glover Site Vice President Site Vice President Shearon Harris Nuclear Power Plant H. B. Robinson Steam Electric Plant 5413 Shearon Harris Rd. Duke Energy M/C HNP01 3581 West Entrance Road, RNPA01 New Hill, NC 27562-0165 Hartsville, SC 29550 Additional Distribution via Listserv

ML16336A121 OFFICE NRR/DORL/LPLI 1-2/PM N RR/DORL/LPLI 1-2/LA NRR/DSS/SNPB/BC NAME MBarillas BClavton RLukes DATE 01/26/2017 02/14/2017 01/27/2017 OFFICE NRR/DORL/LPLI 1-2/BC(A) NRR/DORL/LPLI 1-2/PM NAME BBeasley MBarillas DATE 02/13/2017 2/14/2017