ML17079A537
| ML17079A537 | |
| Person / Time | |
|---|---|
| Site: | Harris, Robinson  |
| Issue date: | 03/24/2017 |
| From: | Dennis Galvin Plant Licensing Branch II |
| To: | Henderson K Duke Energy Corp |
| Galvin D, NRR/DORL/LPLII-2, 415-6256 | |
| References | |
| CAC MF8439, CAC MF8440 | |
| Download: ML17079A537 (4) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 March 24, 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. MF8439 AND MF8440)
Dear Mr. Henderson:
By letter dated October 3, 2016 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML16278A080), Duke Energy Progress, LLC (previously Duke Energy Progress, Inc.) (Duke Energy), submitted an affidavit of John Elnitsky dated October 3, 2016, which requested that the information contained in Attachments 4 and 6 to the letter be withheld from public disclosure pursuant to Title 10 of the Code of Federal Regulations (10 CFR)
Section 2.390:
DPC-NE-3008-P, "Thermal-Hydraulic Models for Transient Analysis" (Proprietary)
DPC-NE-3009-P, "FSAR I UFSAR Chapter 15 Transient Analysis Methodology" (Proprietary)
Non-proprietary copies of the documents (Attachments 5 and 7 to Duke Energy's letter) have been placed in the U.S. Nuclear Regulatory Commission (NRC) Public Document Room and added to the NRC Library under ADAMS Accession No. ML16278A080.
By letter dated November 10, 2016 (ADAMS Accession No. ML16315A272), Duke Energy submitted a response to request for additional information regarding DPC-NE-3008. You submitted an affidavit dated November 10, 2016, which requested that the information contained in Attachment 4 of the letter be withheld from public disclosure pursuant to 10 CFR Section 2.390:
Response to NRC Request for Additional Information (Proprietary)
A non-proprietary copy of the document (Attachment 3 to Duke Energy's letter) has been placed in the NRC Public Document Room and added to the NRC Library under ADAMS Accession No. ML16315A272.
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. Information is held in confidence if it falls in one or more 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.
(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.
Duke Energy also submitted in its November 10, 2016, letter an affidavit executed by Neil Wilmshurst, dated August 25, 2016, which requested that the information contained in of the letter be withheld from public disclosure pursuant to 10 CFR Section 2.390.
Subsequently, by letter dated March 8, 2017 (ADAMS Accession No. ML17068A020), Duke Energy informed the NRC that the information contained in Attachment 5 may be made public.
Accordingly, the NRC has made the information contained in Attachment 5 public (ADAMS Accession No. ML16315A286).
If you have any questions, please contact me at (301) 415-6256 or Dennis.Galvin@nrc.gov.
Docket Nos. 50-400 and 50-261 cc: Mr. Benjamin C. Waldrep Site Vice President Shearon Harris Nuclear Power Plant 5413 Shearon Harris Rd.
M/C HNP01 New Hill, NC 27562-0165 Mr. Richard Michael Glover Site Vice President H. B. Robinson Steam Electric Plant Duke Energy 3581 West Entrance Road, RNPA01 Hartsville, SC 29550 Additional Distribution via Listserv Sincerely, Dennis Galvin, Project Manager Plant Licensing Branch 11-2 Division of Operating Reactor Licensing Office of Nuclear Reactor Regulation
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. MF8439 AND MF8440) DATED MARCH 24, 2017 DISTRIBUTION:
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